LEGAL AND BUSINESS ASPECTS OF THE MUSIC INDUSTRY
INSTRUCTOR: Michael R. Ashburne
mrashburne@aol.com
510-715-5000
Course Description:
This course provides a survey of the
various components comprising the music industry, and the legal and business
aspects of each. We will cover such topics as copyright law, performance rights
organizations, band agreements, songwriting & music publishing, artist
recording agreements, producer agreements, digital distribution (and physical),
licensing, trademarks, and the roles of talent agents, accountants, managers,
and entertainment lawyers.
Course Objectives
Upon completion of the course students will
understand: (1) The basic types of agreements used in the music industry and
the important terms of each. (2) The roles and engagement of various
professionals such as talent agents, managers, attorneys, and accountants. (3)
The basic concepts of copyright creation, ownership, protection, of musical
properties (4) The various paths of commercial exploitation of musical
compositions and sound recordings both in digital and physical formats. (5) The
dispute resolution options in the music industry.
Course Pre-requisites
Internet access and proficiency
required in emailing, sending attachments, scanning, researching over the
internet; ability to open various formats of documents such as pdf, ms word,
and excel documents.
Course Content
The course content will consist of the
instructor’s blog, lectures, notes, guest lectures by music business professionals, assigned articles and the following texts:
Course Activities and Philosophy
"Education
is what people do to you, Learning is what you do for yourself" (Jo Ito,
Director of MIT Media Lab)
This course
seeks to give students the basic understanding of the important legal and
business components of the music industry and how they fit together. No matter
what particular area of interest a student has in the music business, students
will see how that area relates to the other components. To accomplish this,
students will become informed through multiple avenues such as:
Assigned written materials; Lectures;
Guest Speakers from Professionals working in the Industry; Drafting and Mock
negotiation of agreements; Midterm and Final; Writing Exercises
"What
you need to learn is how to learn" (Jo Ito, Director of MIT Media Lab)
What you learn in this
course will often change going
forward in today's hyper-fast digital business environment. This means you need to feel comfortable
researching music business topics over the internet as needed to update your knowledge. For that
reason, many of the assignments given require student internet research exercises
designed to strengthen your skills in this area, and bring you in contact with key music
business websites. The goal is to teach
you not only what the legal and business aspects are currently, but "how to learn" what you need to know in the future.
Course Assessment Activities
Primary assessment activities are a
midterm and a final exam; exams are multiple choice and fill in the blank
questions; Written paper may be assigned as extra credit or required.
1st Class:
|
Thursday
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2nd Class:
|
Thursday
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3rd Class:
|
Thursday
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4th Class:
|
Thursday
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5th Class:
|
Thursday
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6th Class:
|
Thursday
|
7th Class: MID TERM EXAM
|
Thursday,
|
8th Class:
|
Thursday,
|
BREAK - NO CLASS
| Thursday |
| 9th Class: |
Thursday
|
10th Class:
|
Thursday,
|
11th Class
| Thursday, |
12th Class
|
Thursday,
|
13th Class
|
Thursday,
|
14th Class
|
Thursday,
|
15th Class FINAL EXAM
|
Thursday,
|
students
after finals
Class Preparation and Rules
1. Each student will receive reading
assignments via my blog. I
will expect you to have read the reading assignments for the upcoming class by
the time you arrive for that class.
2. Bring personal projects, news,
enthusiasm and, above all, questions to class to stimulate discussion for the
benefit of all.
3. Each class will likely have industry
terms to understand. Please take them down in your notes.
4. To make the course more realistic,
we will have a couple mock negotiating sessions with class members on each side
of the negotiation table. When mock negotiations take place, you will be
advised what type of contract is to be negotiated. Come prepared to negotiate
for either party to the contract.
Grading:
90-100 =A- to A
80-89 =B- to B+
70-79 =C- to C+
60-69 =D- to D+
0-59 =F
30% of the grade will be determined by
the exams given during the course, excluding the final. The final examination
is worth 40% Another 15% will be based on class participation and completion of
any assignments. The remaining 15% will be based on attendance.
Here is an example of how grades are
computed using a fictional student’s results
Course Weight
|
Grade
Percentage
|
Points
|
Student Scores
|
|
Final Exam
|
40%
|
80%
x
|
40
|
= 32
|
Mid-Term
|
30%
|
75% x
|
30
|
= 22.5
|
Attendance
|
15%
|
85% x
|
15
|
= 12.75
|
Assignments
|
15%
|
100% x
|
15
|
= 15
|
Total
|
100%
|
100
|
80.25 = B-
|
PLEASE NOTE THAT IF YOU DO NOT ATTEND THE
CLASSES AND TURN IN THE ASSIGNMENTS, YOU
WILL LOSE UP TO 30% OF YOUR GRADE CREDIT
Office Hours:
Instructors do not have regular office
hours, however meeting before class is possible by appointment. You can reach
instructors by email or phone if you have
questions about the course or want to make an appointment.
Bio of Attorney Michael Ashburne
Mr. Ashburne has specialized in the
representation and guidance of talent in the entertainment industry for over
three decades. His experience has included working with renowned artists such
as Richard Pryor, Roberta Flack, Donny Hathaway, Ray Charles, Gladys Knight,
Dead Kennedys, Brenda Russell, ecology activist Julia Butterfly Hill, Walter
Hawkins, Taj Mahal, Hieroglyphics and Ice Cube. Stellar producers Narda Michael Walden and
Dwayne Wiggins have also consulted with Mr. Ashburne.
Mr. Ashburne has written numerous
articles including the genre-defining book: Sampling in the Record Industry. He
is an experienced educator, having taught entertainment courses for many years at institutions such as Golden Gate University Law School, Laney College, and San Francisco State University. In addition to being an
expert trial witness in high-profile entertainment litigation cases, Mr.
Ashburne is a guest speaker for California Lawyers for the Arts. Mr.
Ashburne has taught Legal and Business Aspects of the Music Industry, Music Publishing, and
Digital Distribution of Music.
Mr. Ashburne’s law practice continues
to evolve. Currently he represents a diverse group of clients that include: En
Vogue founders Thomas McElroy and Denzil Foster; Danny Glover; hip-hop artists Souls of Mischief, Del the Funky Homosapien, Deltron 3030. as well as independent
record labels and tv/film producers.
A long-time resident of the San
Francisco Bay Area, Michael is an alumnus of Howard University Law School and
U.C. Berkeley's Boalt Hall School of Law. He is also one of the founders and
Hall of Fame member of the Black Entertainment and Sports Lawyers Association.
