MIDLANDS STATE UNIVERSITY

Faculty of Social Sciences

Department of Music Business, Musicology and Technology

Module Outline

First Semester 2021

Module: MBMT138 – Music Law and Ethics

Module Leader: Ms V B Butete

A) Module Overview

The module critiques professionalism in music business in Zimbabwe and beyond by

interrogating the relationships between music law and ethics. It examines the effectiveness of
Intellectual Property (IP) and its place in entertainment industry and society at large. The module
also covers ethics; specifically, business ethics and media ethics; examining their application to
music business at all levels. The module critiques the functions of copyright law and ethics in
day to day music business operations; looking at their functions, significance/relevance and
application to entertainment industry. It also examines censorship, Copyright infringement and
unethical tendencies prevalent in the local and international entertainment industry. The
functions and significance of arts organisations such as: National Arts Council of Zimbabwe
(NACZ), Zimbabwe Music Rights Association (ZIMURA), World Intellectual Property
Organisation (WIPO), Berne Convention, South African Music Rights Organisation (SAMRO),
the International Confederation of Societies of Authors and Composers (CISAC) – and their
implications in the musicians’ lives and the music industry at large.

TASK 1

1. Define and critically discuss the key terms above; briefly explaining how each applies to the
subject matter.

2. Identify the music industry stakeholders and describe their roles in relation to copyright law,
business ethics and media ethics.

B) Aims of the Module

It is hoped that by exam time, the students must be able to demonstrate the following:

i) Conceptualize Intellectual Property (IP)

Types of IP
 a) Copyrights

b) Patents

c) Trademarks

d) Trade Secrets

 How copyright works in the enteratinment industry.

 Critique the application of copyright law in Zimbabwe

 Critically examine the causes and effects of copyright infringement and possible solutions

 Critque a) Copyright and Neighbouring Rights Act 26.05

b) Broadcasting Act

c) Censorship Act

ii) Conceptualize Ethics

 Conceptualize business ethics and its application to music business locally and beyond.

 Conceptualize media ethics and its application to music business locally and beyond.

 How business and media ethics work in the music industry.

 Critique the impact of business and media ethics in Zimbabwe.

 Critically discuss the causes and effects of unethical tendencies and possible solutions.

iii) Conceptualize Musical Arts organization and their implications for music business
industry

 National Arts Council of Zimbabwe (NACZ),

 Zimbabwe Music Rights Association (ZIMURA),

 World Intellectual Property Organisation (WIPO),

 Berne Convention,

 South African Music Rights Organisation (SAMRO),

 the International Confederation of Societies of Authors and Composers (CISAC)

C) Assignments Topics, Length and Due Dates.

Assignment 1.

Critically discuss how copyright law, business and media ethics are linked. Draw examples from
the local entertainment industry.

DUE DATE 27 JUNE 2021

Assignment 2: Class Presentations

1. Intellectual Property and Copyright law - Define, conceptualize types of copyright

2. Musicians’ rights –economic and moral rights in relation to the Copyright and Neighbouring
Rights Act 26.05.

4. Conceptualize: Neighbouring rights, Publishing rights, & Mechanical Rights – define, types,
significance, application and impact on local music business -Copyright and Neighbouring
Rights Act 26.05.

7. Copyright Infringement – Define, types of infringement causes, effects, solutions to copyright

infringement. Copyright and Neighbouring Rights Act 26.05.

8. Music Censorship – Censorship Act, agents and types of censorship, causes, effects, solutions,
application and impact on local music business.

9. Ethics & values – Define, types, significance, application and impact on local music business

10. Ethics & Business ethics - Define, types, significance, application and impact on local music
business

12. Ethics & Media ethics - Define, types, significance, application and impact on local music
business

13. Collecting Societies, Define, roles, significance, application and impact on local music
business,

14. Collecting Societies Case studies: ZIMURA and SAMRO - Historical background,
responsibilities, significance, application and impact on local music business

15. NACZ - Historical background, responsibilities, significance, application and impact on local
music business

16. WIPO - Historical background, responsibilities, significance, application and impact on local
music business,

17. Berne Convention - Historical background, responsibilities, significance, application and

impact on local music business,
18. CISAC – Historical background, responsibilities, significance, application and impact on
local music business.

19. Government role in Copyright law and ethics – ministerial names and responsibilities,
significance, application and impact on local music business.

Meetings and Dates

07 July 2021 – WhatsApp Meeting – 4pm

14 July 2021 – WhatsApp Meeting – 4pm

21 July 2021 – WhatsApp Meeting – 4pm

Methods of Communication:
 WhatsApp and Emails,

Delivery Methods

 Lectures, Readings, Discussions and Presentations

Assessment

1. Coursework

- constitutes 40% weighting.

- shall be obtained from 1) Written Assignment

2) Presentation – students’ write up to be presented in class and

subjected to questioning and probing by both the lecturer and fellow students.

2. Written Examination

- constitutes 60% weighting based on 3 questions (1) Compulsory and (2) optional ones
answered during the 3 hour exam.
 Module Content
Date Topic
1 Introduction
Objectives:
Understand key issues of the
module, the relationships of all
concepts covered in the module and
their application to real life
situations.
2 Definition of Key Terms
3 Conceptualizing Intellectual
Property (IP)
Objectives: Define key terms,
4 Conceptualizing Copyright Law
2. Copyright Contracts
3. Copyright Infringement
Content
Module Outline – Interpretation of key issues,
their relationships and application to the real
life situations in the music industry
Rationale/Significance – class discussion of the
relevance of the module and benefits to the
student stakeholders
Assignment Writing – Class discussion of
interpretation of assignment and exam
questions. Presentation structure, that is, what to
include in the introduction, body and conclusion
Intellectual Property (IP)
Copyright Law, Patent, Tardemark, Trade
Secret, ethics, media ethics, business ethics,
copyright infringement, publishing rights,
censorship, mechanical rights,
Types of IP
a) Copyrights
b) Patents
c) Trademarks
d) Trade Secrets
Musicians’ Rights - identify, define, discuss and
apply to real life situations
Economic Rights
Moral Rights
Neighbouring Rights
Publishing Rights
 Mechanical Rights

Causes of Copyright Infringement, Effects,

challenges and solutions.

Piracy (Causes, effects, challenges and

solutions).

5 Censorship Censorship

Agents of Censorship

Types of Censorship

Causes, effects, challenges and solutions.

Broadcasting Act (Zimbabwe)

6 Arts Organizations and World Intellectual Property Organization

Collecting Societies
(WIPO), Berne Convention, International
Confederation of Societies of Authors and
Composers (CISAC), National Arts Council of
Zimbabwe (NACZ), Zimbabwe Music Rights
Association (ZIMURA), South African Music
Rights Organisation (SAMRO).

7 Conceptualizing Ethics Business Ethics

Media Ethics

8 Revision All areas covered in the module. Particular

attention must be paid to the application of
these concepts in real life situations.

References

1. Rutter, P. (2011 & 2016) The Music Industry Handbook

2. Krasilovsky, M. l. & S. Shemel (2007)This Business of Music: The Definitive Guide to the Music
Industry

3. Shaw, J. G (2010) (2nd Ed) Th(e South African Music Business

4. Gordon, S. (2011) (3rd Ed) The Future of Music Business

5. Shyam L. Kaushal ( 2006) Business Ethics. Concepts, Crisis and Solutions.

6. Linda, K. Trevino & Katherine, A. Nelson (1995) Managing Business Ethics. Straight Talk
About To Do It Right.

7. Manuel, G. Velasquez (2006) Business Ethics. Concepts and Cases

8. David, S. Horner (2015) Understanding Media Ethics

9. Colin, Fisher & Alan Lovell (2003) Business Ethics and Values

10. John, R. Boatright (2009) Ethics and the Conduct of Business