music buiness law 1
Terms
undefined, object
copy deck
- What is the definition of an "employee" and "employer" by law
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Master=employerservant=employee
- T/F : The borrowed servant is regarded as acting for the borrowing master & and the lending master is liable for the sevants acts.
- False: the lending master IS NOT liable for the servants acts because the servant is working for the borrowing master
- T/F: The employer is liable only if the acts occured whike the employee was acting within the scope of employement
- True
- An employee is perfoming a task for their employer that would have necessitated a trip by another employee. What is this execption from the going and coming rule called?
- Dual purpose
- T/F :In refrence to frolic and detour, the employer isn't liable for employees making trivial departues from thei job on the employers time
- False: the employer is liable because the employee is still on the clock!
- What is re-entry?
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when the employee is reasonably near the authorized space and time limits, and also acting with intent to serve the employer’s business
- What are the 4 elements of negligence?
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dutybreachcausationharm
- What are the four elements of fraud?
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knowing misrepreentationintent to defraudjustifiable relaincedamges
- What is a tort?
- A civil wrong for which a remedy is available
- What is fiduciary duty?
- An affirmative duty, due to the relationshop between the parties
- How does apparent agency work?
- the employer may be bound or held liable for acts commited by an unauthorized person; this applies to contracts, negligence, and other torts!
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What is the purpose of anit-trust?
- to protect the economy and ensure competition; it prevents retraints on trade and prevenst monoplies
- What is the argument that competition needs to be protected?
- It stimulates innovation and benefits consumers
- T/F: the clayton act of 1914 outlawed mergers which will lessen competition
- true
- The intent to control prices and destroy competion is called what?
- monopolization
- What is market power?
- Having the ability to affect the market price without having total control of the market
- What is a non-competition agreement?
- an agreement not to sell competing products or services
- What is tying?
- When a product is sold with another product
- Define a "Grant-Back" guarantee
- when the licensee ( consumer) is required to turn over any improvemnts made to a technology that they licensed
- What is price fixing
- When competitor agree to set the same price
- What is customer allocation agreement?
- divide up customers to reduce or elimate competition
- What is bid riggiing?
- Conspiring to affect the outcome of bidding
- What is payola
- the acting of bribing radio stations in exchange for increased airplay ( the key to album sales)
- T/F: pay for play is not illegal as long as listeners are told about the arrangement
- true!
- What are some types of restrictions with regards to freedom of speech?
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Conent based- where what is said is restricetedcontent neutral- where the speech is restricted without regard to the content
- By defintion, how is incitement to crime an violence proven in court?
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The words must be intended to incite criminal actionand tha the action from the inttent is likely to happen
- T/F: obsecne speech is not protected in court and may result in criminal penalties
- true!
- What are the key variables for indecent material to be protected by the first amendement?
- Time and context
- What are the 5 elements of a valid contract?
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UnambiguousConsiderationcapacityno illegal actsmutual agreement
- T/F: Oral contracts are valid in the court of law
- true! they are valid, but difficult to uphold and prove;
- With regards to formation, who is the master of the bargin?
- The offeror is ALWAYS the master of the bargin
- What is the mailbox rule?
- when an acceptance is effective once it has been mailed
- What is the mirror image rule?
- When acceptance of the terms must be unconditional and not change, add to, or qualify the terms of the offer
- What is counter offer?
- An offer tha varies the terms of the original offer
- What are some standard definitions in a contract?
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Rectial- the background of the transactionRider-an attachment to an agreement for a live perfomancetitle- The right to control and dispose of property
- An express or implied promise that something is guranteed and must ne compied with is called...
- a warranty
- What is indemity?
- a duty to make good any loss, damage, or liabilty incurred by another
- What are the 2 types of conditions in a contract?
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condition precedent- when something must happen before other obligations will arisecondition subsequent- something which will cause the contract to prematurely come to an end without liability of either party
- What are the differnent types of covenants in a contract?
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covenant not to compete- where their is a promise not to do somethingoption- a privalge that one party may or may not choose to excercise
- What is breach and what are the types of breach?
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where a party failes to adhere to the promises in the contract without a reason3 types:Material- most severeimmaterial- minimal breachanticipatory breach-where a party expresses that they will not be able to adh
- What is a tort?
- A civil wrong for which a remedy is avaliable
- What are the 2 types of speech?
- Pure-written and spoken word
Symbolic- What are the 2 types of restriction on speech?
- content based- what is said is restricted
Content neutral- Speech restricted w/o regard to content (time place and manner restriction)- What kind of restriction does not restrict what is said, but considers the time, place or manner of speech?
- content neutral
- What type of speech is unprotected, has no safe harbor and may result in criminal penalties?
- obscenity
- what group was responsible for causing the RIAA to place warning stickers on albums?
- PRMC= parents' music resource center
- Of all forms of communication, which receives the least first amendment protection?
- broadcasting!!!!
- What is safe harbor?
- a designated time (10p-6am) where a radio station may broadcast indecent or profane material
- What is the name of the administrative body which regualtes interstate communication?
- the FCC
- What was the regulation issue in Ward v. Rock against Racism?
- The City of New York attempted to control the volume of amplified music that was played at the venue
- What is the purpose of antitrust laws?
- to protect the economy and ensure competition
by preventing restraints on trade and monopolies- How does marketplace competition protect consumers?
- keeps prices lower
better qualityand greater choice- Does the Sherman Act provide for criminal penalties, civil penalties or both?
- Both
- What are the 3 elements of a consent decree?
- no admission of guilt
cease anti-competitive conductnot vulnerable to private suit piggybacking- How is monopolization established?
- having the intent to control proces or destoy competiton
2. predatory or anti-competitve conduct3. Dangerous probablity of success- t/f: If my ompany has the ailty to affect the price without having total control of the market, my company has acquired market power
- TRUE!
- Clear channel used negative synergy by limiting airplay of artists who didn't use its conert services. What king of antitrust violation is this?
- tying- product only being sold with another product
- Who has the responsibility to ensure compliance with antitrust laws, and therby may be held for violations?
- The supervisors of the company
- T/F: If an artist pays a DJ to play thier record, and the DJ plays the record after annoucing the artist paid for the play, this is a action of payola
- False! Since the DJ announced that the artist payed for the play of the record, then it is legal as a "pay for play"
- what is payola?
- when DJ's a bribed to play songs for compensations
- What is " respondant superior?
- where the employer may be held liable for the acts of an employee
- Who may be held liable for the acts of a borrowed servant?
- The borrowing master
- T/F: An employer is liable only if the employee's acts were commited within the scope of employment
- TRUE
- What are acts considered to be within the scope of employment?
- If the empoyee is motivated by a desire to serve the employer's interests
- When is an employer liable for the intentional torts of his employee?
- If it tort is a forseeable consequence of the activity
2. if it is done when the servant is engaged in the masters business- What is apparent agency?
- when a person creates the apperance that he is represented and a 3rd party relies on the representation and is harmed
- Once an employer ratifies an act, may the empoyer later avoid liabilty or deny an agency relationship?
- NO!
- What are the goals of negotiation?
- to produce a wise agrement
improve the relationship between the 2 partiesto produce a wise agreement- What are the elements of a wise agreement?
- meets legitimate interest
resolves the conflict fairlydurable- What are the 4 steps of a principle negotiation?
- seperate people from the problem
focus on interests, not positionsgenerates optionsbase the results on objective criteria- What are the 2 questions you should ask to identify your interests?
- why and why not
- What is BATNA and why is it important to know your BATNA?
- BATNA=Best alternative to negotiate an agreemet
important because its need to know whether to accpet alternative arrived at through negotiation versus ending negotiation