ENTERTAINMENT LAWLAW 883, § R / Spring 1999 / 2 Credits
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accessible also through |
Entertainment Law | Legal Research | Sloane Home | The West Education Network (TWEN) |
BOOK: Paul C. Weiler, Entertainment, Media, and the Law: Text, Cases, Problems (West, 1997). |
CLASS: DATE 1999 | PAGES | TOPICS |
---|---|---|
#1: 25 January |
v-vii and 1-75 | LEGAL RESTRAINTS ON ENTERTAINMENT STORIES: Sex and Violence in Entertainment and the Law |
#2: 1 February |
75-156 | Entertaining the Public With Individual Lives |
#3: 8 February |
156-228 | Celebrity Publicity Rights |
#4: 15 February |
228-314 | INTELLECTUAL PROPERTY IN ENTERTAINMENT ASSETS: Elements of Copyright Protection |
#5: 22 February |
314-383 | Entertainment Innovations and Intellectual Property Rights |
#6: 1 March |
383-462 | Alternative Sources of Entertainment Property Rights |
No class 8 March |
. . . | . . . |
#7: 15 March |
462-538 | CONTRACTUAL RELATIONS IN THE ENTERTAINMENT INDUSTRY: Contract Formation and Duration |
#8: 22 March |
538-615 | Entertainment Contract Obligations |
#9: 29 March |
615-692 | Entertainment Contract Remedies and Liabilities |
#10: 5 April |
692-768 | Entertainment Representation and Regulation |
#11: 12 April |
768-845 | INDUSTRY ORGANIZATION, ECONOMIC POWER, AND LEGAL REGULATION IN THE ENTERTAINMENT WORLD: Performer Organization |
#12: 19 April |
845-928 | Entertainment Conglomerates Under Corporate and Antitrust Law |
#13: 26 April |
928-998 | Entertainment in a New Telecommunications World |
Tuesday, 4 May |
Final Examination | . . . |
SCOPE AND EMPHASIS: This is a course about the entertainment aspects of the mass media, as distinguished from, e.g., LAW 867 (Communication Law), which emphasizes issues pertaining to journalism. Major topics include the First Amendment, torts (defamation, emotional distress and privacy), copyright, contracts, and labor law.
REQUIREMENTS: (1) Students should read all of the casebook assignments according to the above schedule. (2) Students should check the course TWEN page before each class for announcements and other information posted by the instructor or by other students. (3) Students will take a traditional, in-class, closed-book final examination consisting of three essay questions, each weighted equally. The questions will be based on issues raised in the casebook and/or class discussion.
ATTENDANCE: The ABA and Widener University policy is that students must attend at least 10.4 classes without exception. No excuses can be accepted for failing to meet this residency requirement. Anyone who misses 2.7 or more classes will receive a course grade of "W"; the instructor will endeavor, but does not guarantee, to notify students who are approaching this limit. Arriving late or leaving early is counted as a partial absence (i.e., every 12 minutes or major fraction thereof = 0.1 cut). A student who misses the roll call at the beginning of class is irrebuttably presumed to be absent unless he/she makes his/her presence known to the instructor immediately after class.
COMMUNICATION: Students are encouraged to contact the instructor at any time, either privately via email or phone, or publicly via the TWEN bulletin board for the course. Individual meetings can be arranged at a mutually convenient time and place.
GRADING: The course grade will be determined by the grade received on the final examination, which may be raised or lowered by one grade (e.g., from B+ to A-, or from C to C-) on the basis of the student's class participation. The instructor will be available over the summer to review the final exams with any student who is interested and to suggest means for improvement in writing successful essay answers.
Minimum Fault Standard for Each LIBEL Element |
At |
After New York Times Co. v. Sullivan (1964) |
After Gertz v. Robert Welch, Inc. (1974) |
After Dun & Bradstreet v. Greenmoss Builders (1985) |
After Philadelphia Newspapers v. Hepps (1986) |
Publication |
At least negligence |
At least negligence |
At least negligence |
At least negligence |
At least negligence |
Identification |
Strict liability |
Strict liability, but must actually identify |
Strict liability, but must actually identify |
Strict liability, but must actually identify |
Strict liability, but must actually identify |
Defamation |
Strict liability |
Strict liability |
Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury |
Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury |
Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury |
Falsity |
Strict liability, with burden on D to prove truth |
Strict liability, with burden on D to prove truth; but if P is a public official being criticized for performance of official duties, then P must prove actual malice |
(Topic is of public concern): At least negligence, with burden on D to prove truth; if P is seeking presumed or punitive damages, or if P is a public figure seeking ANY damages, then P must prove actual malice |
(Topic is of private concern): Same as before, but as long as P is a private figure, then negligence is sufficient to receive presumed or punitive damages |
If there is a media D and the topic is of public concern, then P (public or private figure) must prove falsity
Wm. M. Sloane |