ARTS AND ENTERTAINMENT LAW

ARTS AND ENTERTAINMENT LAW

Daniele Cananzi, Paolo Marzano

Instructional goals

The course aims to provide a general overview of arts and entertainment legislation, as a branch of law that governs the organization, production, dissemination, and protection of artistic, cultural, and entertainment activities, encompassing a variety of sector-specific, national, and European regulations. Particular emphasis will be placed on the dynamic relationship between the evolution of copyright and related rights and technological development, also through the analysis of various stages of innovation. The course will also examine the specific protection of tangible and intangible cultural heritage, with particular reference to the Cultural Heritage Code, including a focus on street art. Finally, through an interactive approach, the course seeks to foster legal reasoning and the practical application of relevant principles, as well as to encourage critical reflection on the impact of arts and entertainment law in today’s media society.

Intended learning outcomes

Knowledge and understanding: the student will have acquired basic knowledge regarding national and European copyright law also in a comparative perspective. At the end of the course, the student will have learned the fundamental principles and institutions of copyright law, arts and entertainment, as well as the evolution of the institutions and legal thought in this area. Ability to apply knowledge and understanding: the student will be able to apply the principles of copyright law, arts and entertainment to concrete situations that are recurrent in analogic as well as digital reality, a domain in which contemporary law is subject to continuous transformation. Autonomy of judgment: the student will develop a critical awareness as to formulate independent judgments on legal problems and on the identification of the methodological tools useful for the collection, interpretation and application of regulatory sources. The student will be able to apply principles and tools in an independent and original way, also from a comparative perspective. Communication skills: the student will acquire the ability to communicate by adopting a technical language. A fluent legal lexicon, and a high terminological precision, are in fact essential to an appropriate argument. Learning skills: the student will be able to independently conduct his research in the field of copyright by putting into practice the principles learned during the lessons and during the exercises carried out collectively in the classroom and individually at home, through the drafting of the final paper. The student acquires in particular the ability to identify and interpret regulatory, doctrinal and jurisprudential updates.

Course Contents

General Outline of Arts and Entertainment Legislation. Copyright Law, Protection of Cultural Heritage.

Reference Books

For a successful examination, reference must be made to the teaching materials pointed out during the lessons and in particular to the Lecture notes prepared by the professor. In particular, a handout with the provisional title ‘Art and Entertainment Law in the Age of Reproducibility’ will be made available prior to the course. For the preparation of the term papers, the use of the following texts is suggested: Recommended reading: • L’ordinamento della cultura, by Michele Ainis and Mario Fiorillo, Giappichelli, Turin, 4th ed., 2022, ISBN 9788828841661.

Teaching Methods

Frontal teaching/case studies/interactive discussions/practical exercises (both individual and group works). Seminars with experts and key figures. Students’ participation during lectures is strongly encouraged and will be considered in the final assessment.

Assessment Method

Oral examination. In order to attend the oral examination, each student must write and transmit (via email, the Sunday before the date of the exam) a short research paper on a topic of his / her choice in the field of copyright. The final oral exam consists of two parts: In the first part, students will be asked to present their research paper. In the second part, the students will be assessed based on their knowledge of the program. The students will be assessed also on class participation.

Thesis assignment criteria

On merit

Week 1

Definition and scope of arts and entertainment law National and European legal sources Key concepts: art, entertainment, culture, heritage Overview of the main sector-specific regulations Origin and nature of copyright Protected works

Week 2

Week 2 – Performing Arts Individual Works Intended for Performance The Circulation of Works Intended for Performance The Marketing of Dynamic Image Works The Marketing of Phonographic Products The Marketing of Works Intended for Public Performance

Week 3

Week 3 – Contracts in the cultural and entertainment sector Publishing contract, representation contract Contracts for audiovisual and musical production Licensing and distribution contracts Practical focus: analysis of clauses

Week 4

Week 4 – Viaual arts and Protection of cultural heritage Code of cultural heritage and landscape (legislative decree 42/2004) Definition and classification of assets Protection measures, constraints, export Digitalization of cultural assets Intersection with other disciplines in the sector

Week 5

Week 5 - Street Art and new forms of expression. Art Law and Auctions Street art between legality and protection Ephemeral, anonymous and public works Relationship with private and public property Jurisprudence and case studies The Primary and Secondary Art Market Circulation and Protection of Cultural Heritage Fight against Money Laundering (EU Anti-Money Laundering Directive V, No. 2018/843)

Week 6

Week 6 – Protection of cultural heritage Code of cultural heritage and landscape (legislative decree 42/2004) Definition and classification of assets Protection measures, constraints, export Digitalization of cultural assets Intersection with other disciplines in the sector Protection models in other jurisdictions (e.g. VARA act)

Week 7

Week 7 – Art, imagination and law Imagination as a safeguard of the law The imagination of the law The imagination of the legal scholar Law as regulation: the why and how amidst social and technological challenges

Week 8

Week 8 – From ‘art and law’ to ‘the art of law’ -Reflections by legal scholars -The need for adequate and up-to-date training

Week 9

Week 9 - The spectacle of law through art I, poetry, the spoken word, writing meeting with a writer-jurist

Week 10

Week 10 – The spectacle of law through art -II, painting and sculpture legal iconography and the foundations of law Writing and presentation workshop for assignments

Week 11

Week 11 – The spectacle of law through art: III, cinema and theatre -meeting with an expert in cinema and TV series

Week 12

Week 12 – A legal culture under the scrutiny of AI Conclusions