Entertainment & Sports Law Courses
The related fields of entertainment and sports law encompass intellectual property law, labor law, contract law and tax law, and require a grounding in general business and corporate law. Please note that some courses are not offered every year.
Contract Drafting: LAW JD 788
This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it requires that students complete in-class exercises and extensive homework assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. Grades will be based on the graded assignments, good faith completion of ungraded assignments, and class participation. ENROLLMENT LIMIT: 12 students. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list for a section are required to attend the first meeting to be considered for enrollment.
FALL 2018: LAW JD 788 A1 , Sep 4th to Dec 4th 2018
FALL 2018: LAW JD 788 B1 , Sep 4th to Dec 4th 2018
FALL 2018: LAW JD 788 C1 , Sep 5th to Dec 5th 2018
FALL 2018: LAW JD 788 D1 , Sep 5th to Dec 5th 2018
FALL 2018: LAW JD 788 E1 , Sep 6th to Dec 6th 2018
FALL 2018: LAW JD 788 F1 , Sep 5th to Dec 5th 2018
SPRG 2019: LAW JD 788 A2 , Jan 14th to Apr 22nd 2019
SPRG 2019: LAW JD 788 B2 , Jan 15th to Apr 23rd 2019
SPRG 2019: LAW JD 788 C2 , Jan 15th to Apr 23rd 2019
SPRG 2019: LAW JD 788 D2 , Jan 17th to Apr 18th 2019
Copyright Law: LAW JD 952
Copyright law is a federal statutory regime that connects to crucial issues in culture, competition, and science. Copyright's rules deeply affect literature, music, visual art, software, information, entertainment, and how the internet operates. In addition to its substantive coverage, the course will train you in how to interpret and apply a complex statute and its judicial overlay. The course covers several topics. (1) A central issue is how to construe the exclusive rights that federal copyright law grants to creators of "original works of authorship". These include rights over copying, rights to control public performance, and rights over the public's ability to adapt existing works to new purposes. The course will also address (2) the subject-matters eligible for federal copyright, including the special difficulties posed by works that-- like computer programs or furniture design -- have 'functions' beyond conveying information and affecting human perceptions. Also on offer will be investigating (3) the nature of an infringement action, (4) the policies served and dis-served by copyright, and (5) the limitations and exceptions to copyright (such as the doctrine of "fair use") which can protect free speech and other goals from copyright over-reach. The course also examines some state rights, such as the 'right of publicity' and 'hot news misappropriation'. The course particularly explores how these state-law doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.
FALL 2018: LAW JD 952 A1 , Sep 4th to Dec 6th 2018
Entertainment Law (S): LAW JD 905
This seminar will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class does not satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
FALL 2018: LAW JD 905 A1 , Sep 6th to Dec 6th 2018
Intellectual Property and the Internet (S): LAW JD 791
This seminar will explore the ways in which the Internet has challenged both the theory and the law of intellectual property. Rather than broadly surveying the landscape, we will closely examine a cluster of topics that have especially challenged courts, legislatures, and theorists. Particular topics will be determined prior to the start of class, but might include: copyright law's treatment of intermediaries (such as YouTube, file sharing services, and online service providers); the obligations of auction sites and other online services to police trademark infringement by their users; the scope of fair use protection for user-generated content; and patent protection for Internet-related technologies and business methods. Grades will be based on a combination of written exercises (required each week) and oral presentations (required once for each student). Student participation is required, and will be taken into account in the grade for the course. In lieu of the short papers, it is possible to write a paper that satisfies the upper-class writing requirement. PREREQUISITE: All students must have completed a core Intellectual Property course (Intellectual Property, Patent Law, Copyright Law, or Trademark Law). GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
SPRG 2019: LAW JD 791 A1 , Jan 14th to Apr 22nd 2019
Law and Sports (S): LAW JD 886
This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn and apply basic principles of antitrust law and labor law. Intellectual property law, constitutional law, administrative law, anti-discrimination law, contract law and tort law also will be applied. Topics will include the regulation of the professional sports labor market. The course also will treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, and the regulation of intercollegiate sports, with special attention to the NCAA. Grades will be based on client-directed writing and on oral class participation, including an advocacy presentation. Some students may satisfy the Upperclass Writing Requirement. There is no examination. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
SPRG 2019: LAW JD 886 A1 , Jan 15th to Apr 23rd 2019
Antitrust Law: LAW JD 838
Antitrust law regulates the competition between business firms in unregulated markets (and in varying degrees in regulated markets, where it supplies a benchmark standard). Thus, all privately owned economic entities are subject to or affected by the antitrust laws (federal or state), ranging from the largest multinationals to self-employed individuals, e.g., lawyers. Antitrust law constrains business behavior that injures the competitive process, encompassing such topics as price fixing, boycotts, monopolization, mergers, price discrimination, distributorship limitations and similar trade restrictions. Antitrust analysis is increasingly economic in its orientation and therefore economic analysis will form a vital part of the course. Supplementary economic readings are suggested for students without previous economic background (and for others who may wish to refresh their knowledge).
SPRG 2019: LAW JD 838 A1 , Jan 15th to Apr 23rd 2019
Internet & Telecommunications Law: LAW JD 995
Previously titled Telecommunications Law & Policy. The Internet and Telecommunications Law course will survey the legal regime for regulating the Internet and the telecommunications industries that support the Internet. The primary legal framework will be the Communications Act of 1934, as amended from time to time by Congress, administered by the Federal Communications Commission, and interpreted by the federal courts. Starting from the 1934 Act's separate regimes for regulating the broadcast and telephone industries, the course will trace the regulatory evolution responding to technological changes in the provision of electronic communications by cable, broadcast satellite, microwave, and wireless broadband. The course will conclude by focusing on the rapidly evolving regime for regulating (and in some cases deregulating) the Internet. Topics will include the "net neutrality" debate, strategies for closing the "digital divide," allocation of Internet regulatory authority among federal, state, and municipal governments, regulation and immunity of content on the Internet, and possible legal strategies for reining in the power of sites like Face Book and Google. The course instruction will assume a background in Administrative Law and a basic understanding of First Amendment Free Speech doctrine. It will not require any background in intellectual property nor cover (except perhaps in passing) any topics in intellectual property law. COREQUISITE: Administrative Law.
SPRG 2019: LAW JD 995 A1 , Jan 14th to Apr 24th 2019
Introduction to Federal Income Taxation: LAW JD 889
The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: This course does not offer the CR/NC/H option.
FALL 2018: LAW JD 889 A1 , Sep 4th to Dec 6th 2018
SPRG 2019: LAW JD 889 S1 , Jan 15th to Apr 23rd 2019
Labor Law: LAW JD 851
Survey of modern labor management and union relations law in the private sector. Organization of workers and the representation process; collective bargaining; unfair practices, employer and union; negotiation and enforcement of collective agreement, including arbitration; regulation of strikes and lockouts. Administrative law and federalism principles will be treated. Employment discrimination and other individual employee protection laws are not treated in this course.
Privacy (S): LAW JD 822
Modern information technology and new information-intensive businesses and social practices have moved privacy concerns into the spotlight. And though privacy law has existed as a legal practice area for a generation or more, laws and practice in the area are increasingly complex and evolving rapidly. This course examines law and policy issues concerning personal information and privacy. Law enforcement, national security, and other public law topics will be considered, but the main focus will be civil law and the use of personally identifying information by businesses. We will consider privacy-related statutes and regulations; a variety of recent controversies drawing from Constitutional law, contract, and tort law; established privacy regimes in the EU and elsewhere; and emerging laws that have implications for the use and protection of personal information globally. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
SPRG 2019: LAW JD 822 A1 , Jan 14th to Apr 22nd 2019
Taxation of Intellectual Property: LAW TX 955
Intellectual property- from sophisticated aerospace technology to computer software and web applications to music and video rights- is one of the most important, challenging, and sophisticated areas of modern commerce. However, because the IP revolution has occurred in only the last 25 years, many of the traditional principles of income taxation are not easily applied to IP assets. This course will explore the tax aspects of creating intellectual property, buying intellectual property, exploiting IP through leases and licenses, and strategies for selling valuable IP rights with the best tax results. The course will also explore important international tax issues, including the so called "migration" of IP offshore, cost-sharing arrangements, and other mechanisms that seek to "locate" IP and the associated tax liabilities in tax-favorable jurisdictions. The course will teach the tax differences between copyrighting and patenting a software program, the right and wrong ways to license and sell a trademark, and the mechanisms for turning a "license" into a "sale" and thereby converting ordinary income into capitol gains.
FALL 2018: LAW TX 955 A1 , Sep 6th to Dec 6th 2018
FALL 2018: LAW TX 955 OL , Sep 4th to Dec 6th 2018
Trademark and Unfair Competition: LAW JD 780
This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, misappropriation, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, and the challenge of applying trademark laws in the Internet context. In addition to a 3-hour final exam, all students will be required to complete a short memorandum dealing with trademark clearance and registration issues. GRADING NOTICE: This course does not offer the CR/NC/H option.
SPRG 2019: LAW JD 780 A1 , Jan 14th to Apr 24th 2019