Entertainment Law (LAWS70273)

This subject examines legal aspects of entertainment, an industry that has become largely internationalised. Technology now allows even local performers and distributors to reach audiences around the world, raising important issues and questions about which law applies in which jurisdictions. While some of these legal issues can be addressed in advance through agreements, doing so requires lawyers to have a firm grasp of the legal options available across multiple legal systems.  

Consider the performer Rosé, born in New Zealand and raised in Australia. She is a member of the globally active K-Pop group Blackpink based in South Korea. As a group member and a solo artist, she  operates across a range of legal environments and activities. Her legal team, and the lawyers for those with whom she works, must navigate complex international choice-of-law questions. 

This subject pays particular attention to the United States, given its significant influence on global entertainment practices, while also examining questions of law in Australia and other jurisdictions. Case studies and examples are drawn from the fields of music, book publishing, visual and performing arts, and the various digital and physical media through which artistic content is distributed.   

A central theme will be the relationship between artistry and industry – how creative expression is supported, shaped, and constrained by commercial imperatives. Entertainment lawyers typically represent either the artists or the business interests behind their work. The two sides’ short-term goals may differ, but they share the ultimate goal of bringing creative works to audiences while generating enough revenue to sustain the process.  

Intended learning outcomes

A student who has successfully completed this subject should be able to:

• Analyse and interpret the international legal frameworks governing the entertainment industry, with a focus on cross-jurisdictional issues and choice-of-law considerations.
• Evaluate the impact of intellectual property regimes, contracts, and regulatory practices on the production and distribution of artistic content.
• Formulate legally sound strategies for advising clients on entertainment-related legal matters, including licensing, merchandising, and privacy issues.
• Draft and critique legal documents relevant to entertainment practice, demonstrating precision in legal reasoning and communication.
• Debate contemporary challenges and legal reform in global entertainment law, drawing on comparative perspectives and technological developments.
• Collaborate effectively within teams to research, develop, and present complex legal positions to both specialist and non-specialist audiences.