Music and the Law

Course aim

The aim of this course is to provide students with an understanding of how the law impacts on the work of those in the music industry; the influence of music on the development of law and culture; and alternative dispute mechanisms involving musicians and others.

Course content

• The relationship between music, law and culture - music as a communicator of religious, social and political ideas - music as a vehicle for social change and law reform - an overview of the Australian legal system.
• The making of contracts and agreements - express and implied terms- circumstanced that can impact on the validity and/or enforceability of a contract.
• Recording and Distribution - the history of recording, record labels and the nature of recording contracts - the - introduction of 360 degree record deals - types of distribution agreements in the music industry - distribution of music and the impact of digital age - a consideration of the relevant case law regarding record piracy.
• Copyright - an introduction to intellectual property law - copyright in relation to musical and literary works and sound recordings - an overview of the Copyright Act - offences, remedies' and defences in action for breach of copyright.
• Live performances - film soundtracks - types of licensing agreements - the 'p' notice (first publication notice) - re-releases and remixes.
• The death and re-birth of live music in Australia - the state of the live music scene in each of the capital cities- liquor licensing laws - noise complaints - the classification of buildings to accommodate live music.
• Alternative dispute resolution - negotiation strategies and skills - conciliation - mediation - arbitration, including expert determination.

Textbook(s)

MacFarlane P & Kontoleon P 2016, Music and the Law,, Federation Press, Annandale NSW

Prerequisite(s)

Must have completed 36 units of study.

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Preparatory	1 x 1 week
Lecture	2 hours x 10 weeks
Workshop	1 hour x 10 weeks
INTERNAL, CITY WEST (INTENSIVE)
Workshop	40 hours x n/a

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Assignment, Presentation, Research paper

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.