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School of Law, Politics and Sociology

Regulating the Creative Industries (931M3)

Regulating the Creative Industries

Module 931M3

Module details for 2023/24.

30 credits

FHEQ Level 7 (Masters)

Module Outline

The module looks at international and comparative aspects of regulation which affect the creative industries. It will start with an identification of the scope and economic value generated by the creative industries, particularly in terms of GDP and employment.

The attention will then turn to the main regulatory instruments which affect the creation, commercialisation and fruition of creative outputs. The focus will be on intellectual property rights, the law of contracts, competition and employment. The discussion will also address more specific forms of regulation which include the administration of domain names, and the drafting and enforcement of codes of conduct by administrative authorities

The module will address certain legal aspects of the music industry. In considering the process of songwriting, music publishing, producing, recording and touring, emphasis will be given to the management of rights (e.g. copyright and trade marks) by way of contracts and licences (such as creative commons licences), or via collective management organizations. In addition, consideration will be given to new and evolving business models emerged from the online exploitation of music content.

When looking at the film industry, the focus will be on the process of creation, production and distribution of a feature picture. Particularly, the approach will be an international and comparative one to reflect the significance of the Hollywood industry as a point of reference for film production in Europe and in developing countries. Following this approach, the discussion will concentrate on the legal protection granted to film plots and film characters, on the contractual arrangements between stakeholders involved in film production and financing, and on the evolving aspects which affect the legal status and international recognition of film actors and their trade representatives.

The third industry that will be the focus of this module is the fashion industry. In this regard, consideration will be given to how the legal framework (trade mark and design laws in particular) affects the creation of fashion design both in the haute couture and prêt-à-porter markets. This will be done in a comparative manner, by considering the effect of domestic legislation in markets where fashion design has a considerable commercial impact. In particular, there will be particular focus on the regulatory measures that apply to knock-offs, look-alikes and excellent fakes.

Module learning outcomes

identify and critically assess the balance between the legal interests of rights holders and those of the users and the public within the creative industries

discuss,research and critically analyse how specific aspects of regulation related to the creative industries are capable of protecting and encouraging creativity both from the users and the rights holders perspective

cite and critically assess relevant authorities (statutes, case-laws, reports, articles etc.) from a comparative and international perspective

consider and analyse international regulatory developments which may affect the economic impact of the creative industries

undertake informed and critical research on a topic which has both doctrinal and commercial aspects surrounding the creative industries

TypeTimingWeighting
Essay (5000 words)Semester 2 Assessment Week 2 Thu 16:00100.00%
Timing

Submission deadlines may vary for different types of assignment/groups of students.

Weighting

Coursework components (if listed) total 100% of the overall coursework weighting value.

TermMethodDurationWeek pattern
Spring SemesterSeminar2 hours11111111111

How to read the week pattern

The numbers indicate the weeks of the term and how many events take place each week.

Mr Salvatore Fasciana

Assess convenor, Convenor
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