ISDE Law Business School

Máster en Derecho del Entretenimiento: Industria audiovisual, musical, del deporte y el espectáculo

First phase: Classroom Instruction:

• One academic semester
• Classes from Monday to Thursday in the afternoon. A few mornings a week, students will attend conferences and practical sessions at ISDE collaborating offices and institutions.
• The program includes an academic stay at the University of Miami.

Second phase: Integration in practices:

• Mandatory phase. Between 3 to 6 months in law firms or legal departments of ISDE collaborating large companies, as well as institutions, organizations and sports clubs (more than 300) nationally and internationally

Module I. Introduction to the legal foundations common to Entertainment Law: Audiovisual, Musical, Sports and Entertainment Industry.

1. Intellectual Property: The work, the author, the performing artists, producers and publishers. Athletes and sports entities. Moral and patrimonial rights. Licenses and types of contract.
2. Comparison of common law and continental European law: author’s right versus copyright.
3. Industrial Property: Distinctive signs, protection of artistic names, characters and television formats, patents, trademarks, design, know-how, technical and commercial secrets. Sports sponsorship.
4. Competition Law.
5. Advertising Law.
6. Introduction to “Contract Drafting”.

Module II. Public and private organizations and institutions linked to Entertainment Law.

1. Study of representative public and private institutions at the national and international level linked to the entertainment law industries.
2. Trade union organizations, unions, and national and international Intellectual Property Rights Management Entities (CMOs).
3. The Academies of Film, Television and Performing Arts.
4. The Spanish Association of Producers and Distributors of Video Games and Entertainment Software.
5. La Liga, FIFA, The Spanish Olympic Committee.

Module III. Law of the Audiovisual, Musical and Sports Industry (I): Legal analysis of the pre-production, production and post-production of works, other types of creative and sports content.

1. Pre-production: Intellectual property and other legislation applicable to the elements that make up audiovisual, musical and sports content. Study of the registration and protection of formats, license management and other legal aspects of pre-production.
2. Production: Technical and organizational aspects. Intellectual and industrial property, labor and social security regulations, tax regime, contractual and corporate law corresponding to the audiovisual, musical and sports industries. Sports competition: business models and compendium of contractual relationships. List of means of financing. Study of mutual guarantee companies, economic interest groups (AIE) and other financing structures for audiovisual productions. Legal regime applicable to international co-productions and the filming of foreign productions in Spain.
3. The integral management of the activity of the musical artist: The Contracts of representation 360. The role of the representation agencies.
4. Postproduction: Technical and organizational aspects. Intellectual property and other legislation applicable to the edition and final assembly of the work. Study of user-generated content and derivative works.
5. Contract violations and effective judicial protection. Analysis of typical conflicts and jurisprudence.

Module IV. Audiovisual, Music and Sports Industry Law (II): Legal analysis of the distribution, export, marketing and secondary use of works and other creative and sports content. Study of the markets.

1. Exploitation of audiovisual and musical works: Study of typology of distribution contracts and, in general, marketing of works and content. Internships in the audiovisual and music sector.
2. Public domain and the use of free licenses in the audiovisual and music industry, Copyleft and creative commons licenses.
3. Export and internationalization of content: Analysis of the legislation applicable to the internationalization of audiovisual and musical content, incentive regime, public and private aid.
4. Audiovisual and music markets: Study of business models. Analysis of the operation and regulatory regime of the open and pay television markets, of cinematographic exhibition halls, of passenger transport and establishments open to the public and festivals, of radio stations and in the radio-formula format, the sale and distribution of recorded music and fixed on media and music in the audiovisual.
5. The exploitation of sports competitions in the Media: Audiovisual rights applicable to football and other sports.
6. The legal regime of indicators and measurement systems of commercial exploitation in audiovisual markets. Analysis of the business models of data providers, audiences and box offices. KANTAR MEDIA and COMSCORE.
7. Collective management of intellectual property rights.
8. Regulatory scope and the role of the National Commission of Markets and Competition.
9. Piracy in the exploitation of creative and sports content.
10. Judicial protection in the exploitation phase

Module V. Law of the Audiovisual, Musical and Sports Industry (III): Legal regime and business models of OTT services. Analysis of the new horizons of production and exploitation of audiovisual content in the digital environment. Other forms of exploitation.

1. OTT services and the provision of audiovisual content on digital internet platforms and social networks (NETFLIX, HBO, SPOTIFY, YOUTUBE and FACEBOOK). Study of business models and the singularities of their legal regime in contracting and other practices in the sector.
2. Comparative analysis of the regulatory framework of intellectual property rights in OTT services and social networks. The cross-border management of licenses and remuneration rights in the digital environment.
3. Image exploitation contracts in new business models in social networks. Legal analysis of the figure of the influencer and its different business models.
4. The “Performance Capture” and Artificial Intelligence applied to audiovisual. Legal analysis of the substitution of interpreters and the “Deep fakes”.
5. New horizons for the exploitation of creative and sports content: The Metaverse and NFTs.
6. Other forms of exploitation: Merchandising based on creative and sports content. The game and the bets.
7. Contract violation and judicial protection.

Module VI. Advertising Law.

1. Comparative analysis of the regulatory framework of advertising content. The cross-border management of licenses and temporary extension of the use of commercial spots.
2. Business models in the advertising sector, audiovisual media and the digital environment. Analysis of real cases and contract drafting.
3. The regulatory function in advertising. AUTOCONTROL.
4. Advertising and intellectual property rights.

Module VII. Video Game Law.

1. The legal regime of the video game. Legal architecture of the elements that make up the video game.
2. The pre-production, production and post-production of video games. Contract models and real cases.
3. Legal regime for the distribution, export, commercialization of the video game. Business models and cross-border license management. Real cases and contract drafting.
4. Analysis of the new business models linked to the exploitation of the video game: The public communication of game games on the Internet GAMEPLAYS and E-Sports. The figure of the Gamer. The sports and video game industry, business model.
5. Video games and intellectual property. Authorship analysis. The accrual of intellectual property rights in the exploitation of the video game.
6. Comparative law and the regulatory horizon of the video game.
7. Scheme of the best legal practices in contractual matters in the field of video games.

Module VIII. Entertainment Law (I): Performing Arts, Concerts and Sports Competitions as public shows: Regulation and legal analysis of the planning, contracting, production, promotion and execution or exploitation of musical and theatrical stage productions.

1. Regulation of the performing arts, concerts and other musical shows.
2. Sports competitions as public spectacles: National and international regulation.
3. Hiring and production or assembly: Compendium of contractual relations. Analysis of real cases and contract drafting.
4. Promotion and ticketing: Industry practices Real cases and contract drafting.
5. Execution or Exploitation: Intellectual property and other legislation applicable to the premiere, gigs, and development of tours of theatrical and musical productions. Civil liability and administrative regulations.
6. The collective management of intellectual property rights in the Performing Arts, Concerts and Sports Shows.

Module IX. Show Law (II): Legal regime and legal and contractual specificities of the different types of artistic and sports shows.

• Musical artist tours: Detailed study, analysis of real cases and contract drafting.
• Music festivals: Detailed study, analysis of real cases and contract drafting.
• Theatrical productions: Detailed study, analysis of real cases and contract drafting.
• Bullfighting: Detailed study, analysis of real cases and contract drafting.
• Soccer and other sporting events: Detailed study, analysis of real cases and contract drafting.
• The circus and other live events.
• Contract violation and judicial protection.

• Law firms.
• Entertainment platforms.
• Sports institutions.
• Sport clubs.
• Video game companies.
• Event organization.