Course overview
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. 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- circumstances 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.
Course learning outcomes
- Examine the relationship between music, culture and the law
- Develop an understanding of the contractual and commercial aspects of music.
- Apply legal principles to the resolution of disputes concerning musicians and others.
- Explain the current position regarding issues such as licensing, sound and noise complaints, and the use of buildings for music performances and concerts.