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Teaching & Learning Practices Portfolio

Olivia Jack

Contents
Assessing Learners Needs ...................................................................................................................... 2
Learner Profiles ................................................................................................................................... 2
Initial Diagnostic Processes ................................................................................................................. 5
Preparing to Teach ................................................................................................................................. 6
Module Description ............................................................................................................................ 6
Teaching and Learning Strategies Review .......................................................................................... 8
Lesson Plans ...................................................................................................................................... 12
Scheme of Work ................................................................................................................................ 29
Resources.............................................................................................................................................. 39
Resources Evaluation ........................................................................................................................ 80
Assessment ........................................................................................................................................... 82
Outline of Assessment Activities....................................................................................................... 82
Evaluation of Assessment Activities.................................................................................................. 82
Supporting Your Learners .................................................................................................................... 83
Assessment Feedback Sheets ........................................................................................................... 83
Evaluation ............................................................................................................................................. 86
Observation and Placement................................................................................................................. 90
Observation Report on another Teacher .......................................................................................... 90
External Teaching Placement Report and Resources ....................................................................... 93
Current Educational Issues................................................................................................................... 96
Curriculum for Excellence Report ..................................................................................................... 96
Current Educational Issue Report ................................................................................................... 101

Teaching & Learning Practices Portfolio

Olivia Jack

Assessing Learners Needs


Learner Profiles

Learner 1- Cairi Macintosh


Cairi is currently studying NC Music at the college and has taken particularly well to her
studies. She has a strong interest in theory based subject due to her reading/writing
learning style and this has helped her to take to music law particularly well. She is confident
within herself and enjoys working with others, during the lesson she will usually be sitting
quietly, looking at the terms and examples and then will be happy to ask a question if she is
unsure after the lesson is over. Cairi is particularly good at learning the terms and
explanations that we have given to the class. However, she struggles slightly more with
problem solving, usually not being able to read between the lines straight away but with a
few indications in the right direction she will be able to work out the answer on her own. In
the next set of lessons we are going to focus on group work and I think that it would be
interesting to put Cairi in a group of people who would maybe challenge her views on
certain case studies to see how she is able to interact with them. In relation to Maslows
Hierarchy of Needs (1978) it would be beneficial to Cairi if we focused on social acceptance
and self-esteem in the next block of classes. The students tend to sit in the same groups in
classes which prevents them from socialising with all of their peers, particularly for the
quieter students. By getting the students to move around and work in different groups it will
not only give them the opportunity to meet new people but it could also help them to see
who they would work well with and the future.

Teaching & Learning Practices Portfolio

Olivia Jack

Learner 2 Jamie Bacon


Jamie is also a NC Music student who is enjoying his time at the college. Jamie is very
confident within himself and he is not shy when it comes to class participation although it
can be hard to keep his attention because he seems to be more of a kinaesthetic learner
which can be hard to relate to music law. To try and keep Jamies attention, along with
similar students in the class we have adapted some of our lessons to make them a bit more
practical while learning the material. Jamie has excellent problem solving skills which he
shows while doing his classwork and he is also very good at taking time to explain things to
other members of his group. To develop Jamies skills further it would be advantageous to
get him to work alone or within a quieter group because he is easily distracted by people at
his group and it takes him a while to settle back down. By getting Jamie to work alone or
with a quieter member of the class it will be easier to encourage him and show him that he
is very talented and he doesnt need to show off in class to get attention. In relation to
Maslows Hierarchy of Needs (1978) it would be beneficial to focus on social acceptance and
self-esteem with Jamie to make him aware of his talents and show him that he can be
recognised for things other than his personality.

Learner 3 Liam McRobert


Liam is a NC Music student who is particularly strong at performing. Liam is quiet in class
until you ask him a question and then he is more than happy to answer. He also seems to be
a kinaesthetic learner who struggles with the theory of the class which we have tried to
address by getting the class to work on more practical projects. From looking at his
classwork, Liam can remember pieces of information very easily; he seems to enjoy hearing
stories and examples of law terms. To make it easier for him and others in the class we try
to ensure that for each class we give a hand-out of our presentation that allows the
students to write down our stories and examples so that they can reflect on them during
revision. To boost Liams self-esteem and social acceptance it would be good to get him to
work with some of the more talkative members of the class, particularly Jamie because he is
friendly and he would also be willing to help him if he was struggling. To give him an extra

Teaching & Learning Practices Portfolio

Olivia Jack

bit of help it would be beneficial if we had one on one time during class to help him with
anything that he is struggling with, which we will aim to do with every student.

Learner 4 Catriona McGhie


Catriona is one of the quieter members of the class who is also studying NC Music. She
seems to be very talented at both performing and theory based work but lacks the
confidence to show others her skills. She will regularly sit at a table with others but doesnt
engage in much conversation with others or group work, which makes it hard to gauge
whether or not she understands the material. Looking once again at Maslows Hierarchy it
has been important to encourage and praise Catriona at every given opportunity to boost
her self-esteem and we will be looking towards getting her more involved with her
classmates. I think she would work particularly well with one of the more talkative members
of the class who is not quite as loud as the others, which I think Catriona is intimidated by. It
will be important to carefully monitor the situation to ensure that she feels comfortable and
not out of her depth. In terms of the Vark model, Catriona seems to be both an auditory
learner and a read/write learner which helps her a great deal with a theory based subject
such as law. We will continue to hand out notes and give verbal explanations during our
lessons to ensure that she is comfortable with the work.

Teaching & Learning Practices Portfolio

Olivia Jack

Initial Diagnostic Processes

Due to the fact that we had never met the students before and we did not know what their
previous knowledge of music law would be it seemed important to try and assess this on the
first week. For our first day we decided to keep it brief and give them an introduction to the
module. We done this by:

Giving the oxford definition of law

Explaining why it is important to a music student and how it could help them in the
future

Giving a few basic terms and asking them to write down an explanation of each

Telling them what to expect from the outcome

Informing them what we would be teaching the following week

It was important that we kept our first lesson slightly informal because law can seem like a
fairly daunting subject and it was important to ease them into the class and show them that
it can be interesting and relevant. By asking the students to give explanations for the terms
that were given, we were able to assess what level the majority of the students were at
which allowed us to plan the rest of our lessons accordingly. It gave us a clear indication that
most of the students didnt know a great deal of terms which helped us to determine the
level that we would teach them and the pace that we should go at. Overall, I think that our
first lesson was successful in the sense that it gave us a chance to gauge the students ability
and welcome them to the class at the same time, it was important to me that the students
would find us approachable because sometimes they may not feel comfortable speaking to
an older official lecturer and they would see us as someone that they could talk to. It may
have been advisable to go in with a firmer approach but I would find it extremely hard to act
superior to the students when I am only a few years older than them and I dont think it
would have gone down as well.

Teaching & Learning Practices Portfolio

Olivia Jack

Preparing to Teach

Module Description

It was agreed between my partner and myself that we would teach the students our
interpretation to HNC Music Law 1 over a period of approximately 12 weeks. We decided to
teach this subject because music students are not given the option to take this module and I
believe that some of the material that is taught would be of great value to the students. At
the beginning of an artists career it is likely that they will be doing everything themselves
copyrighting their work, booking gigs, dealing with different businesses and members of the
public and it is important that they know how to protect themselves and their work. We
looked over the module descriptor and adapted it to suit the musicians needs, the subject is
mainly aimed at music business students who will be working in a different area of the
industry so we took out sections of the module that we didnt think would be relevant to
the students. Once we evaluated the students on the first week we decided that it would
also be beneficial if we incorporated specific sections from Music Law 2 which are relevant
to musicians in particular, this was because we asked the students if they would be inclined
to take the subject in their 2nd year if it was offered to them and the majority of the class
said no. We wanted to ensure that the students got as much as possible from the subject
and that we would be teaching them to benefit both ourselves and them.
Once we began teaching the module we realised that our main challenges would be: the
terminology, the students ability and motivation and resources. As far as terminology goes,
it was evident that we would have to use various methods to get the students to
understand the terms and explanations in the module. To overcome this obstacle we gave
an explanation of each individual term and also an example of it relating to the music
industry. This meant that the class would seem much more relevant to the pupils and
hopefully they would be able to engage with the subject more. It is clear that some of the
students are stronger at theory work than others but there is no large gap in ability within
the class, to ensure that all of the students were given a fair chance to learn material we
would be handing out class notes each week which contained all of the terms that they
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Teaching & Learning Practices Portfolio

Olivia Jack

were learning that week. Each week we also created a worksheet for the students to
complete, with each question relating to the music industry to the students to keep them
motivated. Each week the students were able to complete the tasks during class time with
our help and then they could take their sheets home for revision each week and to prepare
for assessments. An issue that we are trying to amend for the next semester is classroom
resources. I have been very aware of trying to keep the students interested and not
overwhelmed during the class because there was a great deal of terminology to learn and
sometimes the students may feel as though they are being talked at and they are not really
learning anything. To keep the students interested we are hoping to get a room full of
computers for the next semester, this means that we will be able to set the students tasks
to do which they can research online and take on some responsibility for their own learning.

Teaching & Learning Practices Portfolio

Olivia Jack

Teaching and Learning Strategies Review

Quiz:
This is one of the main teaching strategies that we use in our law class. In the first few
weeks of teaching we done quizzes via our PowerPoint which included the whole class, this
gave us the opportunity to assess how receptive the students were to our teaching methods
and to work out how fast they were picking up the material. The class quizzes also
encouraged the students to challenge one anothers views and have a debate about the
answer. We also tried to do individual quizzes in the form of a worksheet on a weekly basis
covering the work that we had covered that week and also work from previous weeks to
keep the knowledge fresh in their mind
Advantages:

Group quiz gets the students to interact with one another and encourages

them to learn from one another as well as myself and my partner. It also breaks up the
lesson and gives a somewhat relaxed feel to the session. The individual quiz allows us to
assess where each student is at and how we could help get them to the next level
Disadvantages:

Some of the shyer members of the class use the group quiz as an

opportunity to not interact because there is a great deal going on and they are less likely to
be noticed. The amount of time that it takes each student to complete their worksheet can
vary dramatically and some students copy their friends answers instead of asking for help.
This way of learning relates primarily to the affective and cognitive domains.

Question and Answer:


We used this process to get to know the students during the first session by asking about
their previous knowledge of music law and what they expected to get out of the subject.
Every few weeks we like to have an informal question and answer session with the students
at the beginning or end of the class regarding the up and coming lessons. For example, we
had the option to cover copyright as part of our music law lessons, however, it was not
compulsory so we asked the students how the felt about copyright since we knew that they
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Teaching & Learning Practices Portfolio

Olivia Jack

had previously learned it in other classes. The students decided that it would be beneficial
to go over music copyright again during one of our sessions.
Advantages: This gave the student the feeling that they had a say in what they were learning
and gave them a level of responsibility. This allowed us to tailor our lesson specifically to the
students requirements which meant that they were more responsive to our lessons.
Disadvantages: Some students may think that they can take advantage of the situation and
think that we are not serious teachers. Some of the quieter students may feel too shy to
speak up and give their views in front of the rest of the class.
This way of learning relates primarily to the cognitive and affective domains.

Video:
We showed the students a short YouTube video about famous case studies on musical
copyright issues during our lesson on copyright. The aim was to try and help the students
get their head around the different forms of copyright by giving them real life examples of
different musicians that they may be interested in. It was placed at the end of the
PowerPoint as a form of consolidation of the things that they had learned previously, we
decided that it would be best to put it at the end because it would be less distracting than at
the beginning of the lesson and it would also be a nice introduction into our group
worksheet.
Advantages: Can consolidate the work that has just been taught and makes the students
feel as though they are not doing any work. It could help students who were struggling to
understand the concepts because it is being related to famous musicians that they are
interested in. It is also a good form of learning for both visual and verbal learners.
Disadvantages: Students can get easily distracted and end up getting tired or messing
around with their classmates. Some of the information in the video may not be relevant for
your lesson unless you have had it specially made.
This way of learning relates primarily to the cognitive domains.

Teaching & Learning Practices Portfolio

Olivia Jack

Group Discussion:
Student interaction; giving the students the opportunity to bounce their own ideas and
opinions off of others before feeding their answers back to the rest of the class. We would
put a question or statement to the students and ask them to discuss it with their table and
then report back their findings to their class to get different views. The students enjoyed
being able to discuss and challenge on anothers views and also found it interesting to see
what other groups had come up with. I think that sometimes it can be useful to draw from
other peoples experiences because it can help you to digest information that you are finding
challenging to understand
Advantages: Students get to hear a mix of views and answers to give them a more open
view of situations. The students get to interact with one another and once again, they feel
as though they are not doing any work even though they are still learning.
Disadvantages: Some of the louder students can overtake the discussion, leaving little room
for other people to speak. Some people may think that this is an excuse to chat about things
that are not related to the subject and get little or no work done.
This way of learning responds primarily to the affective and cognitive domains.

Case Study Stimulation Activity:


This was when we provided each group of students with a different case study which I had
created and a set of questions that they should work on answering and then the students
were asked to discuss their case study and findings back to the rest of the class. This meant
that the students were only able to interact with the people at their table because they
were the only people with the relevant information and it encouraged each team member
to participate in the activity. I tried to make the case study and questions as stimulating as
possible to make the students really think about their answers and encourage some
problem solving.
Advantages: Each student participates in their own way and because I created the case
studies they were specific to what we were teaching the students during that particular
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Teaching & Learning Practices Portfolio

Olivia Jack

lesson. It also made the students sit up and take an interest because they had to think
outside the box instead of giving straight forward answers.
Disadvantages: It took a significant amount of time to prepare because I had to create
individual case studies so it would be hard to do every week. The classroom can get rather
noisy during the activity because each group is working hard on discussing their topic and it
also took up most of the session.
This way of learning responds primarily to the affective and cognitive domains.

Independent Research:
After being given a brief introduction to their new topic the students were asked to
individually research that area online and myself and my partner would go around the class
and discuss their findings with them. Once again, this gave the students some responsibility
over their own learning and gave them a head start on what we would be focusing on in
class over the coming weeks. To make this lesson possible we had to book a room which had
enough computers with internet access to accommodate each student, meaning that the
lesson was planned around 3 weeks in advance.
Advantages: Students take control over their own learning and develop some research
skills. It also helped them to find academic websites that they would be able to use in the
future. This class gave my partner and myself some more one on one time with the students
which meant that we could assess how they were finding the class and how we could help
them to get further.
Disadvantages: We could not control what all of the students were doing while on the
computers so they may have been sitting on social networking sites while they were meant
to be working and a lack of resources at the university meant that we could not do this type
of lesson on a regular basis.
This way of learning responds primarily to the affective and cognitive domains.

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Teaching
Lesson
Plan & Learning Practices Portfolio

Lesson Plans
Class: HNC Music Law

Olivia Jack

Week number: 1

Date:

Time: 9am

Room:

Summary of aims
By the end of the lesson, the students will understand what music law is and why it is important to their
career. They will also be able to explain what some common music law terms mean.
Learning outcomes
For this class the students will only be introduced to the module and told what to expect for the
following weeks. The introduction was based around outcome 1 of HNC Music Law the law of
contract.
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)


Settle class and take register

09.00

Introduce ourselves to the class and ask them a


few questions about music law to gauge what
level they are at (use powerpoint)

09.10

Either get them to define the terms that are on


the powerpoint in groups OR alone, depending on
their level which we assessed above

09.20

Get the students to report back their answers and


give them feedback using the PowerPoint

09.40

Overall summary of the lesson and tell the


students what to expect from the module and
what we will be teaching next week

09.55

End of class

10.00

Resources

Notes

The only resources


( done)
required for this lesson is
a whiteboard/projector
and a power point which
I have created. The
students will not require
any materials for this
lesson because it is
focused on giving a basic
introduction to the
module.

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Teaching & Learning Practices Portfolio

Olivia Jack

Homework set
None
Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)
This class was not heavily focused on teaching; instead it was used to gauge the students ability and
get to know them. This means that on week 2 we will be able to get straight into teaching.

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Lesson Plan
Teaching & Learning Practices Portfolio

Class: HNC Music Law

Olivia Jack

Week number: 2

Date:

Time: 9am

Room:

Summary of aims
By the end of the lesson, the students will be able to write down and explain the three point criterion
which is required to form a binding contract. They will also be able to identify matters affecting validity
and errors and misrepresentation in a contract. They will be able to demonstrate their knowledge by
filling out the worksheet provided.
Learning outcomes
This lesson will specifically cover:
The formation of a binding contract
Offer and acceptance
Matters affecting the validity of a contract
Errors and misrepresentation
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)

Resources

Notes

The resources required


for this lesson will be:

( done)

Settle class and take register

09.00

Introduction to the lesson, hand out class notes &


begin powerpoint

09.10

Hand out worksheet for students to complete

09.25

Go over answers to worksheet

09.40

Round off the class and answer any questions

09.55

End of class

10.00

Projector
Whiteboard
Power point which I
have created
Worksheet that I
have also prepared
A set of notes for
each pupil

Homework set
The students were asked to complete the worksheet at home if they had not finished it during class
time. They were also asked to read over their notes if they had spare time.

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Teaching & Learning Practices Portfolio

Olivia Jack

Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

15

Lesson Plan
Teaching & Learning Practices Portfolio

Class: HNC Music Law

Olivia Jack

Week number: 3

Date:

Time: 9am

Room:

Summary of aims
The aim of this lesson is to focus on music copyright, a subject which the students are already
somewhat familiar with. The lesson will reinforce the ways that they can copyright their music and the
lengths of copyright. By the end of the class they should be able to comfortably tell us the ways that
they could copyright their music, the lengths of copyright on different works and also give examples of
famous case studies regarding copyright. There are quite a few outcomes for this lesson but the
students should have covered at least half of the outcomes within various other classes, such as
Creative Industries Infrastructure.
Learning outcomes
This lesson will specifically cover:
What is copyright?
When does copyright exist?
The eligibility of copyright
Ways to copyright your music
Copyright infringement
Popular examples of copyright infringement
Passing off
Adaptation or arrangement of copyright
The lengths of different copyrights
Homework / coursework for collection
Homework / coursework to be returned
None

None

Teacher / student activities

Timings

(including in-class assessment)

Resources

Notes

The resources required


for this lesson will be:

( done)

Settle class and take register

09.00

Introduction to the lesson, hand out class notes


and begin powerpoint

09.10

View video on copyright infringement and have a


brief discussion about famous case studies

09.30

Do a quick class quiz on the lesson to reinforce the


teaching points

09.45

Projector
Whiteboard
Power point which I
have created
Access to the
internet to view the
short video clip
A set of notes for
each pupil
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Teaching & Learning Practices Portfolio

Olivia Jack

Round off the class and answer any questions

09.55

End of class

10.00

Homework set
The students have been asked to revise all of their terms for outcomes 1 and 2 because there will be a
mock assessment next week which will be closed book.
Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)
Due to the winter setting in the class has been getting increasingly cold in the mornings, which is not
ideal for the students. To deal with this issue I have been arriving to the class and extra 15 minutes
early to turn on the heating and allow the room to warm up.

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Lesson Plan
Teaching & Learning Practices Portfolio

Class: HNC Music Law

Olivia Jack

Week number: 4

Date:

Time: 9am

Room:

Summary of aims
There is no lesson this week because the students are sitting a mock assessment. We have gained
access to one of the computer rooms to allow the students the option to type up their assessment and
email it to myself or my teammate for marking. We have not allowed the students to use notes in this
assessment because we think that it would be advantageous for them to be able to see what things
they should revise in preparation for next weeks assessment.
Learning outcomes
The mock assessment is focused around learning weeks 1-3
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)

Resources

Notes

The resources required


for this lesson will be:

( done)

Settle class and take register

09.00

Provide students with assessment and allow them


to work

09.05

Round up class and answer any questions in light


of next weeks assessment

9.50

End of class

10.00

Projector
Whiteboard
A computer for each
student
A copy for the mock
assessment for each
student

Homework set
The students have been allowed to take their marked mock assessment home to revisit any of the
issues that they came across to prepare for the assessment
Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

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Teaching & Learning Practices Portfolio

Olivia Jack

Lesson Plan

Class: HNC Music Law

Week number: 5

Date:

Time: 9am

Room:

Summary of aims
This is the closed book class assessment for outcomes 1 and 2.
Learning outcomes
N/A
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)


Arrive at class and place an assessment face down
at each workstation

08.50

Welcome class and take register

09.00

Allow students to begin assessment

9.05

End of class

10.00

Resources

Notes

The resources required


for this lesson will be:

( done)

A copy of the
assessment for each
student

Homework set
None.
Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

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Lesson Plan
Teaching & Learning Practices Portfolio

Class: HNC Music Law

Olivia Jack

Week number: 6

Date:

Time: 9am

Room:

Summary of aims
There is no official lesson this week, we will be going over the assessment and be giving each student
individual feedback.
Learning outcomes
N/A
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)


Settle class and take register

09.00

Go over the assessment, mainly focusing on


questions that many of the class struggled with

09.10

Hand the students assessments back to students

09.25

Give individual feedback to each student, tell


them the good points and what they should focus
on for the next block

09.30

Round off the class and answer any questions


End of class

Resources

Notes

The resources required


for this lesson will be:

( done)

Individual feedback
forms
The students marked
assessments
A note of what
questions the class
struggled with

09.55
10.00

Homework set
None
Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

20

Lesson Plan
Teaching & Learning Practices Portfolio

Class: HNC Music Law

Olivia Jack

Week number: 7

Date:

Time: 9am

Room:

Summary of aims
By the end of the lesson, the students will be able to write down and explain what a band agreement is
and why it is useful, they should also be able to describe certain terms which should be included in a
band agreement.
Learning outcomes
This lesson will specifically cover:
Band agreement function
Ownership of the band name
Band structure
Band income
When a band member leaves
Band assets on a split
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)

Resources

Notes

The resources required


for this lesson will be:

( done)

Settle class and take register

09.00

Hand out class notes and worksheet to students

09.05

Begin PowerPoint

09.10

Allow students to begin group task

09.40

End of class

10.00

Projector
Whiteboard
Power point which I
have created
Worksheet that I
have also prepared
A set of notes for
each pupil

Homework set
The students were asked to complete the group task if they had not finished it during class time.

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Teaching & Learning Practices Portfolio

Olivia Jack

Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

22

Teaching & Learning Practices Portfolio


Lesson Plan

Class: HNC Music Law

Olivia Jack

Week number: 8

Date:

Time: 9am

Room:

Summary of aims
By the end of the lesson, the students will understand what is entailed in a merchandising contract and
why they are important. The students will also continue to do group tasks which will help them work
towards their group presentation for the assessment.
Learning outcomes
This lesson will specifically cover:
What is merchandising
Why do we have merchandising?
Functions of merchandising agreements
The main clauses in the agreement
Homework / coursework for collection

Homework / coursework to be returned

None

None

Teacher / student activities

Timings

(including in-class assessment)

Resources

Notes

The resources required


for this lesson will be:

( done)

Settle class and take register

09.00

Hand out class notes and worksheet to students

09.05

Discuss last weeks group task

09.10

Begin powerpoint

09.20

Allow students to begin group task

09.35

End of class

10.00

Projector
Whiteboard
Power point which I
have created
Group task that I
have also prepared
A set of notes for
each pupil

Homework set
The students were asked to complete the group task if they had not finished it during class time.

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Teaching & Learning Practices Portfolio

Olivia Jack

Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

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Lesson Plan
Teaching & Learning Practices Portfolio

Class: HNC Music Law

Olivia Jack

Week number: 9

Date:

Time: 9am

Room:

Summary of aims
For this lesson we will be discussing the criteria for the assessment and tips on how to do their
presentation
Learning outcomes
This lesson will specifically cover:
The specifics of a promoters contract
The specifics of a booking agents agreement
Homework / coursework for collection
Homework / coursework to be returned
As students if they have looked for case studies for None
their presentations over the holidays.
Teacher / student activities

Timings

(including in-class assessment)

Resources

Notes

The resources required


for this lesson will be:

( done)

Settle class and take register

09.00

Hand out class notes for the lessons and


presentation requirements

09.05

Discuss presentation and if they have looked at


case studies over the Easter holidays

09.15

Begin power-point

09.20

Group task

09.30

Resume power-point

09.35

Group task

09.40

End of class

09.55

Projector
Whiteboard
Power point which I
have created
A set of notes for
each pupil
An assessment
criteria sheet for
each pupil

Homework set
Ask the students to have a final discussion with their group about which case study that they will like to
use in their presentation for next week.

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Additional points
(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

26

Lesson Plan
Teaching & Learning Practices Portfolio
Class: HNC Music Law

Olivia Jack

Week number: 10

Date:

Time: 9am

Room:

Summary of aims
For this lesson we will be discussing the criteria for the assessment and tips on how to do their
presentation.
Learning outcomes
This lesson will specifically cover:

What needs to be in the presentation


How long it should be
Things that make a good presentation
Any issues that they are facing regarding the presentation
Homework / coursework for collection
Homework / coursework to be returned
None

None

Teacher / student activities

Timings

(including in-class assessment)


Settle class and take register

09.00

Hand out class note on the assessment

09.05

Discuss last weeks group task

09.10

Begin powerpoint

09.20

Answer any questions

09.35

End of class

10.00

Resources

Notes

The resources required


for this lesson will be:

( done)

Projector
Whiteboard
Power point which I
have created
A set of notes for
each pupil

Homework set

The students have been asked to create a plan for their presentation which has to be handed in next
week.

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Additional points

(e.g. class profile / TMG range / differentiation / in-class support / equal opportunities issues / health
and safety issues)

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Scheme of Work
Programme / Subject Area: HNC Music Students
Week

Unit: Music Law

Teacher(s): Olivia Jack & Gerald Nyakura

Learning outcomes

Content and resources

Teaching strategies
(including
differentiation)

Student activities (+ key Homework / assessment


skills being developed)

For this class the


students will only be
introduced to the
module and told what
to expect for the
following weeks. The
introduction was
based around
outcome 1 of HNC
Music Law the law
of contract.

Initial diagnostic
process regarding the
different abilities in the
class and getting the
students to understand
why music law is
important to them and
how it is different from
general law.

The students will learn


the difference between
music law and general
law and how they could
use this subject to help
them in their future
music career.

The only resources


required for this lesson
is a
whiteboard/projector
and a power point which
I have created.

Listening/viewing
prepared
PowerPoint
Participating in a
question and
answer session
Participating in a
class quiz

None.

The students will be


listening/viewing our
prepared PowerPoint
and taking part in a
question and answer
session as well as a
group and individual
quiz.

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Teaching & Learning Practices Portfolio

This lesson will


specifically cover:

Olivia Jack

Quick revision of what


was discussed the week
before and an
The formation of
introduction into what
a binding contract
they will be learning
Offer and
today. Description of
acceptance
Matters affecting what is in a basic
contract and what
the validity of a
contract
process is required to
Errors and
create a binding
misrepresentation contract. There will also
be an introduction into
errors that can be made
in a contract and issues
which can cause the
contract to become
invalid.

Listening/viewing
prepared
PowerPoint
Completing
individual
worksheet
Participating in a
class quiz

The students will learn


the basics of a binding
contract and the issues
that can go wrong
within a standard
contract.

The students were asked


to complete the
worksheet at home if
they had not finished it
during class time. They
were also asked to read
over their notes if they
had spare time.

The students will be


listening/viewing our
prepared PowerPoint
and taking part in a
question and answer
session as well as a
group quiz and
individual worksheet.

The resources required


for this lesson will be:

Projector
Whiteboard
Power point which I
have created
Worksheet that I
have also prepared
A set of notes for
each pupil

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This lesson will


specifically cover:

What is
copyright?
When does
copyright
exist?
The eligibility
of copyright
Ways to
copyright your
music
Copyright
infringement
Popular
examples of
copyright
infringement
Passing off
Adaptation or
arrangement
of copyright
The lengths of
different
copyrights

Olivia Jack

Quick recap of last


week and introduction
into what will be taught
in this lesson.
Discussion of the
importance of copyright
and why it is important
for a music student to
know this. Begin
PowerPoint and class
quiz.

The resources required


for this lesson will be:

Projector
Whiteboard
Power point
which I have
created
Access to the
internet to view
the short video
clip
A set of notes
for each pupil

Listening/viewing
prepared
PowerPoint
Participating in a
class quiz
Taking part in a
question and
answer session
Watching a video
on famous
copyright issues
Researching
famous case
studies

The students will


consolidate their
understanding of music
copyright and how they
could use this subject to
help them in their
future music career.

Revision for mock


assessment.

The students will be


listening/viewing our
prepared PowerPoint
and online video. They
will also be and taking
part in a question and
answer session as well
as a group quiz.

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No learning
outcomes to be
covered, the students
will be completing a
mock assessment
during this session.

Olivia Jack

Brief discussion about

what will happen during


this session and a

reminder of the
assessment next week.

Hand out mock


assessment and let
students begin. Go over
any issues that the
students would like to
revisit upon completion
of mock assessment.

Listening to out
introduction to the
lesson
Completing written
mock assessment
Participating in
brief question and
answer session
near the end of the
session

No key skills will be


developed during this
session.

Revision for assessment.

The students will be


completing a mock
assessment and taking
part in a brief question
and answer session at
the end of the lesson.

The resources required


for this lesson will be:

Projector
Whiteboard
A computer for
each student
A copy for the
mock
assessment for
each student

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No learning outcomes
to be covered, the
students will be
completing their
assessment for
outcomes 1 and 2
during this lesson.

Olivia Jack

Hand out assessment


and allow students to
begin.

The resources required


for this lesson will be:

A copy of the
assessment for each
student

Completing written No key skills will be


assessment
developed during this
session.

None.

The students will be


completing the
outcome 1 and 2
assessment during this
session.

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No learning outcomes
to be covered, the
students will be
receiving their
assessment results
from the previous
week.

Olivia Jack

Go over previous
weeks assessment,
focusing on questions
that many students
struggled with. Hand
back the students
assessment and give
individual feedback.
Round off class and
answer any further
questions about the
assessment and next
outcome.

Listening/viewing
prepared
PowerPoint
Having a one on
one discussion
with myself or my
partner

No key skills will be


developed during this
session. The students
will be told what their
strengths were in the
assessment and what
they should work on for
the next outcome.

None.

The students will not be


participating in any
specific activities.

The resources required


for this lesson will be:

Individual feedback
forms
The students
marked
assessments
A note of what
questions the class
struggled with

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This lesson will


specifically cover:

Olivia Jack

Hand out class notes


and worksheets to
students, begin
PowerPoint and then
spilt students into
groups to complete
group task.

Band
agreement
function
Ownership of
the band
name
Band structure
Band income
The resources required
When a band
for this lesson will be:
member
leaves
Projector
Band assets
Whiteboard
on a split
Power point
which I have
created
Worksheet that
I have also
prepared
A set of notes
for each pupil

Listening/viewing
prepared
PowerPoint
Completing written
worksheet
Participating in a
group task

The students will learn


the ins and outs of a
band agreement and
the key terms within
said agreement. This
will enable them to set
up a band agreement if
required to do so in
their future music
career.

The students were asked


to complete the group
task if they had not
finished it during class
time.

The students will be


listening/viewing our
prepared PowerPoint
and taking part in a
question and answer
session as well as a
group quiz and
individual worksheet.

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Teaching & Learning Practices Portfolio

This lesson will


specifically cover:

What is
merchandising
Why do we have
merchandising?
Functions of
merchandising
agreements
The main clauses
in the agreement

Olivia Jack

Hand out class notes


and discuss last weeks
group task and
individual worksheet.
Discuss this weeks
PowerPoint and allow
students to begin group
task.

The resources required


for this lesson will be:

Projector
Whiteboard
Power point
which I have
created
Group task that
I have also
prepared
A set of notes
for each pupil

Listening/viewing
prepared
PowerPoint
Participating in
question and
answer session
Participating in a
group task

The students will learn


the main clauses in a
music merchandising
deal and the
significance of each
clause. This will enable
them to understand the
basic terms in any music
merchandising
agreement that they
may come across in
their career.

The students were asked


to complete the group
task if they had not
finished it during class
time.

The students will be


listening/viewing our
prepared PowerPoint
and taking part in a
question and answer
session as well as a
group task.

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This lesson will


specifically cover:

The specifics of a
promoters
contract
The specifics of a
booking agents
agreement

Olivia Jack

Hand out class notes


and discuss
requirements for the
assessment. Ask if the
students have looked
over any case studies
for the assessment over
the Easter holidays.
Begin PowerPoint.
Group task. Resume
PowerPoint.

9
The resources required
for this lesson will be:

Projector
Whiteboard
Power point
which I have
created
A set of notes
for each pupil
An assessment
criteria sheet
for each pupil

Listening/viewing
prepared
PowerPoint
Participating in
question and
answer session
Participating in 2
group tasks

The students will learn


the difference between
a promoter and booking
agent and the specifics
in each agreement. This
will enable the students
to understand any
potential contracts that
they are offered
regarding promoters
and booking agents
during their career.

Ask the students to have


a final discussion with
their group about which
case study that they will
like to use in their
presentation for next
week.

The students will be


listening/viewing our
prepared PowerPoint
and taking part in a
question and answer
session and 2 group
tasks.

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This lesson will


specifically cover:

10 10

What needs to be
in the
presentation
How long it
should be
Things that make
a good
presentation
Any issues that
they are facing
regarding the
presentation

Olivia Jack

Hand out class notes on


the upcoming
assessment.
Discuss last weeks
group task. Begin
PowerPoint and answer
any questions regarding
the assessment. Allow
students to being
preparing for their
assessment.

The resources required


for this lesson will be:

Listening/viewing
prepared
PowerPoint
Participating in
question and
answer session
Preparing for
presentation

No key skills will be


developed during this
session. The students
will be told what the
criteria is for the
assessed presentation
and what skills are
required to make a
good presentation.

The students have been


asked to create a plan for
their presentation which
has to be handed in next
week.

The students will be


working with their
chosen group on their
presentation.

Projector
Whiteboard
Power point
which I have
created
A set of notes
for each pupil

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Resources
Lesson 1 Resources

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Lesson 2 Resources

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Music Law Week 2 Worksheet

1. Harry goes into a second hand record store; he finds a B-side Beatles recording that
is described on the label as An original record. This makes the record extremely
rare and highly sought after.
He asks the shop owner if he knows anything else about the record and he assures
Harry that he is a friend of Paul McCartney and the record is 100% genuine. He buys
the record and then finds out at a later date that its fake but then he goes to
another buyer to sell it on as a genuine article.
What type of error and misrepresentation has occurred?

2. David Bowie signed a contract to play at the 02 arena in London for 3 nights in a row.
When he signed the contract neither party was aware that the arena had a flood,
ruining the venue the previous weekend.
What kind of error and misrepresentation has occurred?

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3. Your cousin asks you to witness her signature on her will. She says you do not need
to read the document / dead, only sign as a witness to her signature. You say, yes no
problem. Eight weeks later a catalogue company write saying you owe 175. You
deny all knowledge until they show you a contract with your signature on it.

4. You buy grand pianos, repair and tune them and sell them on. You always deal with a
firm called Good Ears. One day, a young man, Paul Johnston arrives, says he is the
son of Good Ears and that he will take the Grand Piano in his lorry and deliver to
his father. The sign on the lorry says Good Ears. Five days later you send Good
Ears an invoice for 4000 and they refuse to pay. You find out that Paul Johnston
has nothing to do with this company and has since sold the piano to Jane Smith. You
think you can raise an action against the recovery of the piano.
You think you can take legal action against this man but under what circumstances?
(1 error & 1 misrepresentation)

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5. You desperately want to go and see Franz Ferdinand who are appearing at the SECC,
but the management has refused you entry because of your rowdy behaviour. You
get one of your lecturers to buy a ticket for you, because she seems respectable.
When you show up on the night you are refused admission.
What kind of error and misrepresentation do we have here?

Does a contract still stand in the following situations?


1. Mary offers Jane a room in her hotel for 50 but insists that Jane accepts by midday
the next day in writing. Jane drives round to Marys hotel the next day but because
of heavy traffic does not arrive until 2pm to pass over her letter of acceptance.
2. Susie offers Alan her Pony for 500. She says that she will assume Alan accepts if she
hears nothing from him by Saturday. Alan, who does not wish to accept, does not
reply.
3. Jane is 14 and is infatuated with Justin Bieber. She orders a T-Shirt from his fan club
through his website. When the goods arrive with a bill for 25 her parents go ape!
What is Janes capacity to contract?
4. Michael is completely insane (although occasionally lucid). He buys 14 valves for a
combine harvester even though he lives in Glasgow city centre nowhere near a farm!
When the goods arrive, his brother tells the company the contract is void due to his
brothers insanity. Is his brother right?
5. Peter is always asking John to sell his bike to him and has offered him 150 many
times. John has always replied by saying he would sell it for 400. One night, the two
friends are in the pub, and after many, many pints of lager and both of them
completely legless, John agrees with Peter to sell his bike for 150. The next

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morning, John realises what he has done and tells Peter no deal. Peter asks John if
he has ever heard of a contract. John is confused, his head hurts.
6. It is May 2003 and your firm has just contracted with a firm in Iraq to press records
for your record label. Five days later the war breaks out between the two nations.

How does your contract stand?

7 years later the hostilities are over, how does the contract stand now?

Music Law Week 1 & 2 Notes


Forming a Binding Contract:
For a contract to be bound by law, a three point criteria must be met:

Multiple Parties There ALWAYS has to be at least 2 parties to an agreement

Agreement There must be an agreement with regards to the same thing

Legal obligation There must be a legal obligation. Personal or social agreements


will not hold up in court.

The Formation of a Contract:

In the most basic terms, a contract is normally created by one party making an
OFFER and the other party/parties replying with an ACCEPTANCE

Both the offer/acceptance can be written, spoken or by the actings of the party & if
the offer is accepted by the other party then it will become a binding contract.

Acceptance:

For an acceptance to be effective it must meet the offer & if this happens then a
lawful contract has been formed. However, if the acceptance includes terms that
were not in the offer then no contract is formed. This is now deemed as a new offer,
which is referred to as the COUNTER OFFER which must be accepted by the other
party before a contract will be formed

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Time of Acceptance:

Sometimes the person making the offer will say that the offer is to remain open for a
certain period of time e.g. 24 hours, a week etc. They CANNOT revoke the offer within
that time, if an acceptance is made then the contract is formed. If the acceptance is
done via post then the contract is completed at the time the acceptance is posted rather
than the time it is received (recorded delivery)

The Rules for Recall of Offer:

The offeror cannot recall their offer before the agreed time of acceptance

If the offeror states that an acceptance must be made within a certain time period and
no acceptance is made then the offer is automatically recalled

If no time limit is set by the offeror then the offer remains open for a reasonable amount
of time

When no promise has been made to keep the offer open for a certain amount of time
then the offeror can recall his offer at any time before it is accepted. This is only
acceptable if the parties are still in the negotiations stage and no contract has been
formed

An offer is automatically recalled by the death, insanity or bankruptcy by either party

Since an acceptance makes a binding, legal contract. An acceptance can rarely be


recalled. The only situation where this may arise is through a postal acceptance. If the
party posts their acceptance offer and then changes their mind then they can revoke
their acceptance offer. They can only do this IF the recall is received BEFORE or AT THE
SAME TIME as the acceptance.

Matters Affecting the Validity of Contracts:


Contracts can be:

VOID there is no enforceable contract, even third parties cannot acquire any rights
to it

VOIDABLE the contract has something in it that can make it void but it is valid and
has full legal effect until this is done
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UNENFORCEABLE the contract cannot be enforced by the courts (gaming contracts


or sporting promises)

Everyone has full contractual capacity, however there are exceptions:

People under the age of 16, any contract made by/with them is null and void

People aged 16-18 can go to the courts to have the particular contract set
aside if they feel as though they have the disadvantage of inexperience

If someone is deemed genuinely insane then any contract they have made
will become void. If the contract was made before they were deemed insane
then the contract may still stand.

An enemy alien is a person who at the time of war between Britain & Nation X,
voluntarily resides or carries on business with that country. It does not matter what
nationality that person is, they may even be British. By the same token, a person of
nationality X will not be an enemy alien if he or she resides in Britain, even while war
is going on with that country. Therefore the rule is that during the time of war with
nation X, any contract made with an enemy alien of that country is not only void, but
subject to a criminal charge. A contract already in existence before the outbreak of
war becomes void for the period of the war, but revives after peace has been
restored

Errors & Misrepresentation

A MUTUAL ERROR is where there has been a misunderstanding by both parties

A UNILATERAL ERROR is where one party has paid more for something that it is truly
worth

INNOCENT MISREPRESENTATION is where one party honestly believed the truth of what
he she was doing/saying

FRAUDULENT MISREPRESENTATION is where one party makes a statement knowing that


it is a lie. There is fraud not only where a person makes a false statement knowing that it

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is false, but also where they make a reckless statement, which is false, without caring
whether it is true or false.
Errors in Contract
There are 4 main errors that can occur in a contract:
1. Error as to the identity of the party
2. Error as to the subject matter of the contract
3. Error as to the nature of the contract
4. Error as to price, quality or extent
Error as to the identity of the party:
When either partys identity is mistaken. Under these circumstances the contract is
VOID only if the personal identity is material to the contract
Error as to the subject matter of the contract:
Where the parties are at variance as to the particular thing about which they
contract, or where they differ materially about the qualities that the thing is
supposed to possess
Error as to the nature of the contract:
This occurs where a person is signing an obligation document, thinking he is signing
as a witness on a different document. These type of contracts are VOID
Error as to price, quality or extent:
This occurs where each party believes the price has been fixed but they disagree as
to the amount. This makes a contract VOID, only if the parties genuinely have
different prices in mind. The mere fact that the price has not been fixed does not
make the contract void

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Matters Affecting Validity of Contracts:

Facility & Circumvention:

Facility is a weakness of the mind, due for instance to old age or health.

Circumvention involves the motive to mislead, but does not amount to actual
fraud.

Facility and Circumvention must both be present to affect the validity of a


contract.

Force & Fear:

If a party uses force either physical or verbal or by unlawful threats


sufficiently to overcome the bravery of a person, then this is known as Force
& Fear and this makes a contract void.

Undue Influence:

Undue Influence is where a person abuses a position of trust or influence to


make a contract which is a bad bargain for the other party. For example, a
doctor from a patient, a parent from a child.

Breach of Contract:
Breach of contract occurs if one of the parties to a contract fails without just cause,
to carry out his or her obligations arising from the contract, then they are said to be
in breach of contract and the other party becomes entitled to damages or
compensation for the loss suffered by them as a result of the other parties failure.

There are three forms of breach of contract:


Failing to perform the contract simply refusing to carry out his or her part
of the agreement. This is a material breach and the innocent party has the
right to withdraw from the contract.
Delaying performance not carrying out the performance by the agreed
date. If the date was an essential part of the agreement, this would be
considered as a material breach and the innocent party has the right to
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withdraw. If the time was not important, then the innocent party is not
entitled to withdraw and the only remedy would be damages if appropriate.
Unsatisfactory or defective performance failing to perform his obligations
to the standard required. This depends on degree. If it is material, the
innocent party may withdraw, if the breach is a trivial one the innocent party
cannot withdraw.
Breach of Contract Remedies:

Specific Implement:

Specific Implement is where the innocent party can apply to the court for an
order to direct the party who is in breach to perform the contract, i.e. force
the other party to fulfill the contract

Rarely granted, unless there is a very good reason why another remedy, such
as damages cannot be sought.

Recission:
This remedy is available where the party who is loyal to the contract can
cancel the contract.
It arises when the party who is in breach has been guilty of material breach of
the contract, and the other innocent party has the right to withdraw.
However, if the breach was only a minor one, there is no right of rescission.
Therefore what amounts to a material breach?
If the parties in the contract state that a particular provision is material, then
any breach of that provision by one party will justify rescission of the contract
by the other. Also, where there is a complete failure on the part of one party
to perform the contract, the court will hold that itself to be a material breach.
Retention is one type of defensive measure; this is the right in certain
circumstances for the innocent party to refuse to perform his own obligations
arising from the contract.

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Lien is another type of defensive measure; this is a right in certain cases for
someone in possession of articles to retain them. It is a right in security only,
he or she can keep the articles in their possession until the other party meets
his or her obligations, but the articles remain the property of the other party
and the person retaining them cannot dispose of them.

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Lesson 3 Resources

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Week 3 Notes
What Is Copyright?
Copyright is a property right which covers original literary, dramatic, music or artistic works,
sound recordings, films, broadcasts or typographical arrangements.
We have Copyright so that people are able to enjoy the benefits of their own original work
in the knowledge that it will not be pirated or exploited by others.

When Does Copyright Exist?


Copyright exists in a musical composition or lyrics when they are ORIGINAL and set down in
a PERMANENT FORM
Examples of permanent form:

Something written down

Musical notation

A sound recording

Any other means whereby it can be reproduced

For originality to exist, there has to be some skill or creativity used in the works or musical
notes which makes the song a product of the composers own mind, however, it is the form
of the composition, not the content which is important

Eligibility of Copyright
There is generally no copyright in lyrics or song titles as they are not substantial enough to
hold a copyright. However, if the title is long enough and distinct enough it may be able to
hold a copyright.
For example, the song I just called to say I love you by Stevie Wonder could possibly be
copyrighted. The same applies to music; it is not a case of how long a piece of music is but
how distinctively arranged the notes are.
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Ways to Copyright Your Music:

Place a copy of the work in a safe deposit box and get a receipt

Send a copy of the work to yourself via recorded delivery and leave it unopened upon
arrival.

Get your lawyer or solicitor to keep a copy and get a receipt

Upload it to something like YouTube/Soundcloud where the upload date and time is
clearly visible

Copyright Infringement:
Infringement of copyright is simply using someone elses work either wholly or partly
without the consent of the copyright owner.

Examples of ways of infringing copyright could be:

Copying the work

Issuing copies of the work to the public

To perform, show or play the work in public

Making an adaptation of the work

Passing Off
Passing off basically means preventing someone, who by absolute chance happened to
create the same product as you without you ever possibly knowing about it, releasing it
onto the market.
For example, if someone wrote a song, signed it over to a publisher, and the publisher left it
on the shelf without ever doing anything with it, then two years later a song is released on
the other side of the world that sounds remarkably similar to this one, there is no possible
way that either of them could have heard each others creation. In this instance, each song
will have its own copyright, but the person who first had the commercial release of the
song, could prevent the other, even if they proved they wrote it first, from releasing it, this
is called passing off

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Adaption or Arrangement of Copyright


Adaption or arrangement of copyright is also copyright infringement. However, if the
arrangement or adaption is sufficiently original musically and sufficiently distinctive in
sound, then it could itself acquire its own copyright.
Lengths of Copyright
Sound Recording = 50 years after commercial release
Songs = 70 years after writers death
After this time, the recordings / songs go into what is called public domain

Music Law Outcomes 1 & 2 Mock Assessment

A. There is a three point criteria that must be met for a contract to be bound by law, state
the three points below:

B. Explain one way that a musician could copyright their music

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C. Describe what a counter offer is

D. From the table below, connect the terms to their correct definitions:
Void

The contract contains something that could stop it from being


legally binding but it is valid and has full legal effect until the issue
is resolved

Unenforceable

There is no enforceable contract, it is not legally binding

Voidable

The contract cannot be enforced by the courts

E.
Write if you think each statement is true
or false in the boxes provided
Sometimes the offeror will state that they will
keep the offer open for a certain period of time,
they CANNOT revoke their offer within that time
period.
Retention is the right in certain circumstances for
the innocent party to refuse to perform is own
obligations arising from the contract.
An offer is automatically recalled by the death,
insanity or bankruptcy by either party.
People ages 16-21 can go to the courts to have a
contract that they have entered into set aside if
they feel as though they have the disadvantage
of inexperience.
If the offeror states that an acceptance must be
made within a certain time period but they have
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not heard from the other party then the offer is


automatically accepted on their behalf.
If you claim that you have gone insane then you
can get out of any contract that you are in.
Error as to the subject matter of the contract is
when the parties in the contract are at variance
as to the particular thing about which they
contract.
If no time limit is set by the offeror then the
contract remains open for 6 months only.

F. Explain the difference between innocent and fraudulent misrepresentation

G. In your own words, describe what an enemy alien is.

H. The three main matters affecting the validity of a contract that you have studied are
facility & circumvention, force and fear and undue influence. Pick ONE of these three
options to describe below.

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I. When does copyright exist?

J. What is the length of copyright on a sound recording

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Lesson 4 Resources

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GROUP A - BAND AGREEMENT


Group A are a 5 piece band -Drummer, bassist, 2 guitarists and a vocalist who have been
together for around 2 years. The band has no agreement set in place but they are starting to
generate some revenue from their songs and touring and are considering putting a band
agreement in place. The band are unsigned and 3 of the members came up with the band
name one night when they were in town and the vocalist writes all of the lyrics and most of
the melodies, with some help from the other members every so often. The band split they
royalties and money from events evenly and each band member is allowed to do whatever
they like with the money they make.
In your group you should discuss what the band should put in their agreement and why you
think that they should have it, with as much detail as possible. You should take into
consideration:

Ownership of the band name

The band structure

Band income

What should happen if a member leaves

The bands assets on a split

Any other clauses that you think would be relevant to the band

GROUP B - BAND AGREEMENT


Group B are a duo consisting of a male drummer and female guitarist/vocalist who have
recently been signed by an indie label in London. They came up with their name together
and they keep 20% of their revenue for band costs such as amps and rehearsal space and
then split the remaining 80% evenly. The drummer composes all of the music and writes all
of the lyrics with no help from the singer and they occasionally hire session musicians for
recording purposes. Their record label have suggested that they get a band agreement in
place and that they should consider what clauses they want to include in their agreement
before consulting a lawyer

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In your group you should discuss what the band should put in their agreement and why you
think that they should have it, with as much detail as possible. You should take into
consideration:

Ownership of the band name

The band structure

Band income

What should happen if a member leaves

The bands assets on a split

Any other clauses that you think would be relevant to the band

Music Law Band Agreement Notes


The function of a band agreement:

Partnership agreement

Regulates the running of the bands business on a day to day basis between the band
members

Gives clear rules on what happens if a band member leaves

Provides security for everyone involved

Ownership of the Band Name


The band name could be owned by the record label (Sugababes) but is more commonly
owned by the band members.
A band agreement will determine various things about the ownership of the name:

Do all of the band members own the name or only 1 or 2 of the band members?

What happens if a member leaves, who has ownership of the band name if this is the
case?

Are band members allowed to sell their share of the name as a goodwill gesture?

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Band Structure
The band structure is from a legal and financial point of view, not musical.
The most common structures for a band are: limited companies, partnerships and service
agreements.
Band Income:
Income to be paid to members of a band who are not official members (i.e. Session
Musicians / Touring Musicians). Do these musicians receive a one of fee or a royalty
of the tracks that they took part in?
Song writing income. Who receives song writing income? Were all of the band
members involved in the song writing process and did they all have an equal
contribution? There should also be a discussion about how the song writing royalties
are received from the distributor, will they be going into a band account or into one
members account who will be responsible for distributing them to the other
members

When A Member Leaves:


The record company may have the rights to the leaving members next move, for example,
the artist is not allowed to release any music for 1 year after leaving the band. As previously
discussed, the band name is extremely important with regards to a member leaving the
band. The member may have the right to stop the band working under their previous name
or they may have no rights at all when it comes to the name.
In some cases, if a member leaves the band the record label may have the right to drop the
band completely. This would be more likely if the member who left was seen as the
frontman of the band and there would be a significant drop in sales if he/she was replaced
but more often than not the record company may decide that they would like to sign a
replacement band member.

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Bands Assets on a Split:

Can be a major problem for artists at all levels.

What does the member have a share of?


Van, minibus etc.
Equipment amps, drum kits
Buildings rehearsal room
Songs!

Solution can be either for the leaving member to be bought out, or for the leaving
member to rent out their share to the remaining band members and any new
members. This can all depend on how the assets were purchased. For example, if a
band member bought a new drum kit with the money that he received in royalties
then other band members could argue that they hold a share in that equipment.
Compared to if the member bought the drum kit with money that he earned from
working at a separate job, meaning that they earned this money on their own.

REAL LIFE EXAMPLES Have a look at musiclawupdates.com


THE DOORS
The California Supreme Court has decided that two surviving members of the 70s group, The
Doors, Raymond Manzarek and Robert Krieger, who wanted to continue to perform under
that name and then under the name Doors of the 21st Century can use neither name. The
original band featured John Densmore, Ray Manzarek, Jim Morrison and Robert Krieger but
after the Manzarek/Krieger tour grossed $8 million and used photographs of the original
Doors in publicity Densmore and the family of Jim Morrison and his estate joined forces to
prevent the use of the name. In reports, Densmore states he is simply fulfilling the wishes of
Jim Morrison, having refused other lucrative offers for commercials and other use. The
IPKAt reports that this is possible due to a veto power common in music contracts of the
1960s which requires all members of The Doors to be unanimous in any business
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agreements. As a result, each band member has a vote and the Morrison estate the fourth.
Densmore and the families claimed that if the pair continued to use the name, The Doors of
the 21st Century, it would compromise the bands legacy. The Los Angeles Superior Court
agreed and the Court of Appeal upheld this decision. The pair were subsequently prevented
from performing, touring, promoting or otherwise holding themselves out to be The Doors,
The Doors of the 21st Century, or any other name that includes the words The Doors
without prior written consent of all partners of the Doors partnership (although
Manzarek/Krieger used the name D21C. Manzarek/Krieger went on to petition the California
Supreme Court but review was denied 13 August. The Supreme Court agreed. The pair have
been ordered to pay damages and costs estimated at US$5 million. They will now be touring
as Riders of the Storm.

BUSTED
The Universal Music Group has been brought the legal action involving former UK chart
topping boy band Busted which has been brought by two former members Ki Fitzgerald and
Owen Doyle who were axed before the band became successful. The label is added as new
matters include allegation that the axed members vocals appeared in on the bands 2002
album Busted released by the major. Fitzgerald and Doyle have already claimed that they
were integral in the creation of the Busted franchise, coming up with the name and cowriting some of the bands early hits. They claim they were unfairly cut out of the equation
by manager Richard Rashman and that Rashman failed to fulfil his contractual commitments
as a manager to protect their interests by making them sign agreements on their departure
that greatly favoured Rashman and remaining band members, James Bourne and Matt
Willis. Fitzgerald and Doyles 2005 legal action seeks a cut of the royalties from the bands
early songs and trademark use. Rashman, Bourne and Willis are named as defendants. The
claimants are also looking at the bands US trade mark registration which is allegedly held in
Rashmans personal name. The High Court has ordered evidence to be submitted by July for
a trial start date of 1st Feb 2008.

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FRANKIE GOES TO HOLLYWOOD


Thatchers children will be familiar with the band Frankie Goes to Hollywood. The band had
a number of chart hits. The lead singer was Holly Johnson, although the band also had (at
various times) four other members. Johnson left to pursue a solo career in 1987, upon
which the band ceased performing. However, they reformed, minus Johnson and with a new
lead vocalist, for the Bands Reunited TV programme in 2003. In April 2004, Johnson applied
to register Frankie Goes to Hollywood as a trade mark. The remaining band members
opposed the application, citing an earlier right protected by passing off and bad faith. Mr
Hearing Officer Foley allowed the opposition on both grounds. The key issue for s.5(4)
(passing off) was whether the goodwill gravitated to Johnson alone, as the lead singer, or
whether it could be attributed to the band as a whole. It was irrelevant that Johnson had
thought of the name, and it was likewise irrelevant that it was somewhat creative. The legal
arrangements in force meant that, at the time Johnson left the band, it existed as a
partnership at will, meaning that any goodwill attached to the partnership, rather than its
individual members. The fact that the band was asked to reform for Bands Reunited meant
that any goodwill in the original band survived until 2003, and was bolstered by rereleases
etc. and the fact that legal action had been taken against others trying to use similar names
during that period. However, this goodwill would not have accrued to the reformed band.
This residual goodwill resided in the partnership, rather than the individual band members,
and therefore Holly Johnsons attempt to register the mark on his own amounted to a
misrepresentation that would lead to passing off. Johnson had also acted in bad faith. He
applied to register the application without the knowledge of the other band members and
to monopolise the name in a way that would stop them from using it. It was irrelevant that
he believed that he owned the name, and so thought he was acting acceptably.

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Lesson 5 Resources

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Merchandising Notes
What Is Merchandising?
Merchandising is the exploitation of the rights in a name, image, object or design. Examples
of merchandising: t-shirts, posters, key rings, lighters, clothing, bags, programmes, badges
etc.
Why Do We Have Merchandising?
The main reason that we have merchandising is to grate more revenue for the artist out
with their record contract -this is not as important as it used to be because 360 deals are
becoming more popular - and it is also a good promotional tool you could have a
competition online to generate more publicity or send merchandise in your press pack to
radio stations etc.
The Function of Merchandising Agreements:

Confirms type(s) of merchandise covered by the licence

Sets out the commercial terms of the licence

States each partys obligations to the other

The Main Clauses in the Agreement:

Term

o Set period months/years


o Per album
o Length of a tour (most common)

Territory

o Usually agreement is territory by territory basis

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Exclusivity

o Is the deal to be exclusive or not, usually the deal will always be exclusive per
territory?

Advance & Royalties

o Advance is usually calculated on:

Who the artist is

Fan base

Size of venues on the tour

o As always, the advance is recoupable, and the royalties rates, in general


terms are as follows:

20-30% for an Unknown Artist

30-35% for an Established Act

35-40% for a Supergroup

o Royalty rate is calculated on either the wholesale price (what the sell to
shops for) or retail price (what the public by the product for)

Quality Control

o Artist should always negotiate certain elements of quality control, some


examples would be:

Right of approval to all goods

The nature of goods

Artwork

Design

Manufacturing Standards

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Payment

o There should be a clause stating when payment is made to artist, for


example, weekly, monthly, at end of tour etc.

Remaining Stock

o There should be a clause which states what happens with remaining stock at
end of term.

Does the artist get back all remaining stock or does the company keep
it?

Sometimes there is an agreement to destroy remaining stock at end


of term.

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Lesson 6 Resources

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Music Law Booking Agent and Promoter Agreement Notes


The function of a booking agent agreement:

Confirms appointment of the agent

Sets out terms of the appointment

States each partys obligations to the other]

Clauses in a booking agent contract:


Exclusivity:
The booking agent will no doubt be looking for an exclusive arrangement. This means that
the agent is the only agent that is finding live work for you and no other agent is allowed to
find you work within the agreed territory

Territory:
The territory could be worldwide, Europe or UK only, many examples of each exist. In
addition to this, the artist will obviously want to ensure that the booking agent has the right
contacts to do the job themselves or through sub-agents sufficiently well enough if they are
going to sign a worldwide deal.

If the territory is for the world, some agents may use sub-agents to deal with particular
territories, two things are important here:

That the artist approves the use of any particular agent in other territories

That any fees that the sub-agent charges comes out of the booking agents
commission and not deducted from the artist appearance fee.

Term:
The term of an agency contract can be a number of things, for example - for the length of a
tour or open ended. It is usually its a fixed-term contract, anything from 1-5 years, with 3
being about standard. The point of a fixed-term contract is so the agent has a guarantee
that he wont be spending lots of time on an artist to get them to a certain level and then
leave.
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Commission:
Almost always, the agents fee is a percentage of the GROSS income from an artists live
appearance. Typically commission will be 10-15%. This includes the cash fee but also any
other benefits you may receive while doing the gig (car, free hotel rooms etc.). The agent
will negotiate the appearance fee for you mainly, and usually, if possible collect the money
too; the agent then takes his commission before sending the artist the remaining balance. If
the artist has to collect the payment on the night, then the role can be reversed or the
entire sum can be sent to the agent for the time being so that the artist can be paid for all
the gigs at the end of the tour by the agent.

Accounting:
Its important that someone on the tour keeps the accounts for each night - the agent will
usually want to collect the money before paying the artist but sometimes this cannot
happen, therefore it is important to keep a track of where the money is and what is
happening each night of the tour

Assignment and Key-Man Provisions:

If an artist signs to a big booking agency, its important to know who your agent is.

The key man clause means that if your specific agent leaves the company or doesnt
guarantee to work a certain amount of time on the artist then the contract can be
terminated

What is a promoter?

A person or company that finances, organizes and/or promotes an event

There are 3 main types of promoters:


o Worldwide promoters- (Live Nation)
o Nationwide (DF Concerts)
o Local (Beat Generator)

What does a promoter do?

Books venues

Books acts for venues

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Promote shows

Make sure all tech spec required for shows are booked

Olivia Jack

Who do they work with?

Musicians

Record labels

Booking agents

Venues

What is their responsibility?

To ensure that the show goes ahead and runs smoothly

Ensures that health and safety legislation is being abided by with regards to the
venue

Pays for the venue and pays everyone who is helping to run the night

Acts as a liaison between various different parties

The main clauses in a promoters agreement:

Territory:
Usually when an artist is touring they work with different promoters because most
promoters only work in regions unless they are working with a nationwide promoter (DF
concerts) or worldwide promoters (Live Nation)

Term/Date:
This is the amount of time that the agreement is valid for.

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Payment:
More reputable promoters receive an advance to cover costs for venue booking and
promotion. Smaller promoters usually receive a ticket sell percentage and some actually
lose money by putting on events

Exclusivity:
A promoter will want this clause in their contracts to stop artists putting on two shows in
the same region within a short space of time. For artists with a big fan base they usually say
an artist cant perform twice in the same city over a 60 day period.

Minimum ticket sale:


This is the minimum tickets to be sold and the number is agreed by both parties. This is to
stop the event going on event that not enough tickets are sold.

Artist & promoters obligation:


This is a clause stating what the artist has to do in order to keep their part of the deal and
performing to the best of their ability is one of them.

Cancellation of the performance:


This is a clause stating what would happen if the artist cancels the show. Usually if the artist
cancels before 45 days they just have to pay promoter the money they have so far spent on
promotion and booking venues. If it is within 45 days of the show then the artist/record
label need to pay the promoter compensation on top of the money they have spent
promoting the show.

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Resources Evaluation

Resource 1: Music Law Book


With regards to resources for our class, I printed out the SQA descriptor for the subject and
then adapted it in a way which was more useful for musicians. Once I had a brief outline of
what I would be teaching I used Ann Harrisons book Music: The Business: The Essential
Guide to the Law and the Deals to elaborate on terms and find appropriate case studies.
This book was very helpful because it is written by a well-known music lawyer who is aiming
the book towards musicians. This meant that it was written simply, without any jargon and
it was easy to understand for the students because all of the examples and case studies
were on well-known musicians that they were interested in. However, the book was not
particularly useful in the sense that it was not aimed at a lecturer who would use it as a
resource for teaching their students; it has no exercises or anything similar which you could
use as a hand-out for your students.
Resource 2: Worksheets
I decided to create my own worksheets for the students to do each week based on what
they had learned that day. After I had created the PowerPoint for the coming week and the
notes for the students (this was all of the terms and explanations that were in the
PowerPoint condensed into a few pages of notes that they could keep) then I attempted to
make a worksheet that used case studies and various other short tasks to challenge them
and get them to do some problem solving. Using the worksheets each week allowed me to
assess each individual students progress and it also gave me the opportunity to see if there
was any particular part of the worksheet that a great deal of students were struggling with
that I should revisit and also attempt to use alternative methods of teaching to see what the
students responded to the most. Overall, I think that my resources were fairly limited in the
sense that I did not find very many things that I could use in my lessons but this meant that I
was able to create my own worksheets etc. which I thought my students would engage with
the most. The lack of resources was somewhat inconvenient because it took a great deal of
time to make a lesson plan for each week, however, it meant that I was extremely prepared
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for each lesson and I always made sure that the students had all of the resources that they
would need for each week.

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Assessment
Outline of Assessment Activities
The students will be completing 2 assessments for this unit, one in class written assessment
and one group presentation. The written assessment will cover outcomes 1 & 2 and it will
be focused around the law terms that we have focused on and the presentation will be a
case study on a famous promoter/merchandising/booking agent agreement or on a band
agreement.
We have decided that it would be beneficial to have two different forms of assessment
because some students may thrive at written assessments and others may not so it gives
them a fair opportunity to showcase their knowledge. We have also decided to give the
students a presentation because it will be more than likely that they will have to do
numerous presentations while at university and it will be less nerve wracking for them to do
it in front a student teacher than in front of one of their lecturers. We have also had a
discussion with the students and they would like to have a tutorial on presentation skills
before their assessment to help guide them in the right direction.

Evaluation of Assessment Activities


After looking at the overall results of the written test it may have been beneficial to make
the test a little more challenging. We were concerned about making the test too difficult
because music students are generally better at practical classes rather than classes which
are heavily based around theory so we attempted to make it slightly challenging without
being too daunting for the students. I think that we should have made the assessment more
difficult because we were giving the students a great deal of support in the run up to the
assessment, possibly too much support meaning that the students didnt have to excel
themselves to get a good mark. With this in mind we have decided to try and encourage
some independent learning for the next assessment which will be a group presentation. We
will teach the students the core information and give them a brief outline of what should be
in their presentation and then allow them to go away and work out what each person will
be doing within their group. We will be there to support the students throughout but I think
that it is important that we take a step back, in light of their previous assessment.
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Supporting Your Learners


Assessment Feedback Sheets
Below I have placed a copy of the feedback sheet that I had created for some of the
students after their assessment. My partner and I cross-marked each assessment and
distributed them evenly between ourselves so that we could create individual feedback. The
table below gives the name of each pupil, their mark/ overall grade and some feedback. For
the feedback I discussed how the student performed in their assessment and what steps
should be taken to help them to progress to the next level.
Name

Mark

Grade

Davy McLeish

11 / 15 B

Feedback
Davy done well in his assessment, giving some very
good, descriptive answers showing that he understood
the material.

Davy should continue to revise his terms for outcome


2 and work towards developing his research and
problem solving skills. To help Davy work towards
these goals we have developed further problem
solving and research tasks during the next block of
lessons.
Iona Brown

15/15

Iona done particularly well in this assessment, showing


that she is mainly an auditory learner.

To try and develop her other skills the next


assessment will contain a mixture of visual and
kinaesthetic challenges which Iona may struggle with
but with some support and encouragement I am
confident that she will thrive in the next assessment.
Wilson Noble

14 / 15 A

Wilson also done particularly well in this assessment,


showing that he is mainly an auditory learner too.

Wilson is very reserved and I think that it would be


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good to help him to develop his communication skills


with others which will naturally happen when he is
working towards his group presentation. He is a very
hard working student and it is clear that he does some
revision out with class time so I am confident that he
will be able to bring out his confident side and join in
well with the group activities.

Liam

9 - 15

McRobert

Liam is a very good pupil in the sense that he always


enters the classroom with a positive, ready to learn
attitude. He had produced some excellent answers
which were very detailed and also came with some
good case studies. However, it was clear that Liam
struggles with work that is heavily based around
theory.

To help Liam to improve on this there will be a mixture


of theory and group work in the second session which
will hopefully enable him to learn something from the
other students. It is clear that Liam is a kinaesthetic
learner and I think that he will thrive during his
presentation that he will be doing for his second
assessment.
Kara Perkins

13/15

Kara is a very confident pupil who done rather well in


her assessment. She is very talkative during class and
rushes through her work and I think she distracts other
students. From what Ive gathered, Kara seems to be
thriving in all of her subjects but I think her next law
assessment will challenge her.

Kara will have to learn to work together with other

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members of her team and remember to let others


share their opinion. To help her develop her skills
further, I would like to have Kara do some of the group
tasks with some of the other confident students in the
class to help her understand that you have to
compromise in order to work well as a group.

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Evaluation

Teaching and Learning Practices


Evaluation of Lesson you delivered
Lesson delivered to: HNC Music Students (Observation lesson)
1. What aspects of the lesson do you feel went well?
Many things in the lesson went well; the students were very engaged and willing to learn. I
feel as though this was the best week for group participation within the group task because
the students were able to challenge on another and share their experiences with the entire
class. Our group tasks encouraged the students to think outside of the box and question
things. The class was also well prepared and covered most of the traditional learning styles.

2. Did the lesson go as you had planned? Did you have to adapt anything?
On the whole, the lesson went as planned and there were no major hiccups. However, due
to nerves the presentations did not take as long to go through as we first anticipated. This
was not a major issue because the group work was going so well that we were able to allow
the students and extra 5 minutes to discuss the question. We also used the spare 5 minutes
to go over what we had learned and allowed the students to discuss the past experiences
with the entire class.

3. What aspects of the lesson and of your teaching do you feel could have been
improved?
I was slightly let down by my performance compared to my usual standards but I think that
this was due to nerves as it was our observation week. A few students arrived late which is
abnormal and meant that I had to take extra time out to explain what we had discussed
during the lesson and compile the class resources for them.

4. What would you do differently next time?


If I was to repeat this lesson then I would most likely include something interactive that the
students could participate in. The students seemed to enjoy the lesson but if we had an
extra half hour or so I would have set them a research challenge on the computer to enable
them to explore the different avenues of booking agent and promoter contracts.

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Teaching and Learning Practices


Evaluation of Lesson you delivered
Lesson delivered to: HNC Music Students (Week 2)
1. What aspects of the lesson do you feel went well?
This lesson was well prepared and the students were on time and interested in the subject. I
was surprised at my level of confidence as this was our first official lesson with the students
and I thought I would have been much more nervous.

2. Did the lesson go as you had planned? Did you have to adapt anything?
The lesson was shorter than the full hour for a variety of reasons. The students got through
their worksheet quicker than expected and our PowerPoint did not take us as long to go
through as we had anticipated. We decided that it would be okay to finish this class early to
enable us to go over our initial errors and plan for our next lesson.

3. What aspects of the lesson and of your teaching do you feel could have been
improved?
I think it would have been slightly more interesting for the students if we had found
something which was slightly more interactive for them. We could have improved our
lesson plan which would have enabled us to improvise when we finished the class early.

4. What would you do differently next time?


If I was to repeat this lesson I would create longer worksheets which challenged the
students slightly more. I would also make the PowerPoints longer and would have possibly
looked for some appropriate videos to show the students to keep them engaged. Overall,
this lesson went well for our first time and we were able to take on board our errors to
ensure that the rest of our lessons lasted longer and had more content.

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Teaching and Learning Practices


Evaluation of Lesson you delivered
Lesson delivered to: HNC Music Students (Week 4)
1. What aspects of the lesson do you feel went well?
This lesson enabled the students to assess their progress with music law during the mock
assessment which helped them to discover which aspects of the subject they should revisit
for the following week. This lesson allowed us to gauge what lessons that the students did
not respond to as well as others which would ultimately enable us to know what we should
work on over the coming weeks.

2. Did the lesson go as you had planned? Did you have to adapt anything?
This lesson went as planned and there was no need for adaptions.

3. What aspects of the lesson and of your teaching do you feel could have been
improved?
There was no formal teaching set out during this lesson, once the students had finished the
mock assessment we had a group discussion where the students were able to tell us if they
would like us to revisit any terms ahead of the assessment the following week.

4. What would you do differently next time?


It may have been a good idea to do a brief online quiz or class quiz which would have
allowed us to assess the understanding of the general class to make sure that there were no
students who were struggling.

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Teaching and Learning Practices


Evaluation of Lesson you delivered
Lesson delivered to: HNC Music Students (Week 7)
1. What aspects of the lesson do you feel went well?
This class had the most preparation behind it with regards to notes and research which the
students seemed to appreciate. I think that this was one of the lessons that the students
enjoyed the most because it was something that none of them had considered before and
they released the importance of it within their music career. This lesson was not as heavily
reliant on terms and understandings in comparison to outcome 2 which meant that there
was a more relaxed atmosphere during the lesson which was a nice change.

2. Did the lesson go as you had planned? Did you have to adapt anything?
This was one of the first weeks that the students were encouraged to do group work and it
was evident that they were not entirely used to it. They were rather reluctant to work
together which meant that the group tasks did not take as long as expected which
ultimately altered our lesson plan by 10-15 minutes. To use up this time as best as possible
we decided that this would be the appropriate time to go through the upcoming assessment
details thoroughly and to make the students aware of what was expected of them.

3. What aspects of the lesson and of your teaching do you feel could have been
improved?
In hindsight it would have been a good idea if we asked each group to report back their
findings and possibly put a stopwatch on the whiteboard. Some of the students were getting
distracted and discussing things that were not related to the lesson in any way. This was
something that we took into consideration for our next lesson.

4. What would you do differently next time?


I think that it would have been a good idea to do some sort of icebreaking task at the
beginning of the lesson to set the students up well for the group work. Some students were
shy and were slightly withdrawn from the task and others were quiet due to it being the first
class of the morning and they were not fully awake.

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Observation and Placement

Observation Report on another Teacher

For my observation class I decided to sit in a HNC vocals class because the classes are very
small and I wanted to see if the students benefitted from more one to one time with the
teacher. I thought it would also be beneficial to see how the music students worked in their
comfort zone, I am aware that the majority of the students tend to struggle slightly with
subjects which are based heavily on theory such as music law.

Once my partner and I found vocals room we entered and waited on the lecturer with the
other students as she was 10 minutes late. Once she arrived there was no apology or
reasoning behind her lateness given to the students who had been waiting in the class for
her, however, the students did not seem concerned so I could only assume that there was a
somewhat relaxed atmosphere due to the length of the class (2 hours). Once the teacher
had arrived and sorted through her notes she discussed what the students would be
working towards over the coming weeks to prepare for their recital and final exams,
however, there was no strong description as to what the students would be doing during
that particular lesson and how it would help with their preparation. The lecturer maintained
a good rapport with the students and regularly demonstrated a good knowledge of the
subject by telling the students stories about the industry and giving them tips of the trade
regarding sight reading. All of Maslows hierarchy of needs were met, with the students
being constantly praised for their good work and the development of their knowledge.

One of the first things that I noticed about the lesson was that there was no PowerPoint or
written exercises meaning that there was a lack of variation regarding learning styles. The
Auditory learning style was used when the students were asked to listen to the lecturer
warm up using scales and then copy the process back to her. The reading/writing and visual
learning styles were not visibly used during the lesson. The Kinaesthetic learning style was
used the most; the students were asked to stand up and do some gentle stretching before
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doing some vocals and there was also singing throughout the lesson. Although it is
inevitable that a vocal lesson will be heavily focused on the kinaesthetic style, I think that
the students would have benefitted from something visual such as a PowerPoint or
demonstration videos. It was evident that the majority of the students were struggling when
they were asked about keys and flats and sharps, I think that it would have been beneficial if
there was a visual on the whiteboard i.e. a stave which stated the key above it and asked
about the flats and sharps of that key. I think that it is important that you play on the
students strengths in this case, their creativity and imagination to help build their skills
in other aspects of their learning.

There was no visible lesson plan to make reference to but it was clear to see that the lesson
focused only on the Psychomotor and Affective domain. The Psychomotor domain was
instantly met and maintained throughout the lesson easily as it was a performance class.
The students were asked to sing a piece of music that was selected by the lecturer - during
sight reading and they were also asked to perform their chosen piece of music during the
lesson. The Affective domain was met in three ways:
1. Receive The students were asked to listen to the lecturer as she sang some of the
warm-up examples and gave them tips on how to improve their technique
2. Response The students were asked to sing the warm-up exercises and their
selected pieces. They were also expected to answer when they were asked about
their progress and also about the key that certain pieces were in
3. Valuing It was expected that each student would get involved in the lesson from
the offset due to the nature of the class. There were also times during the lesson
which involved group discussion, where each student was expected to get involved
since it was a small class.

It was evident from the offset that the lecturer was well experienced in their field as she
possessed a very confident and professional manner for the duration of the session. She
assessed individual performance by: asking each student how they thought that they were
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progressing, listening to the students singing individually and she also discussed their last
assessment results and working towards the final assessment. She took into consideration,
equality, inclusivity and diversity by treating the students equally with no favouritism,
including all of the students in the class discussion and allowing them the chance to express
their opinions freely. She asked the majority of the questions to the whole class due to the
limited amount of students, giving positive feedback where appropriate and telling the
students what to work on in the run up to the final exam. The students were briefly asked if
they understood the work to which they responded yes but they seemed somewhat
disengaged from the majority of the lesson. There was no reference made to other sources
of information, however, Im not sure if this would be relevant for this type of class. There
was no mention of additional one to one tutorials for the students but once again, the small
class number meant that the students were not short of one to one time sessions with the
lecturer.
The negative aspects of the lesson were as follows:
The lecturer turned up late with no excuse or apology but the students were somewhat
immune to this so I can only assume that this happens on a regular basis. There was no
evidence of a lesson plan and no reference was made to homework. The students seemed
somewhat disengaged and bored during the session which could have been due to the
length of the session or the lack of vibrancy about the class. There was no consideration for
different types of learners in the class and the session was very one dimensional, it could
have benefitted with some form of PowerPoint or online videos to give the class a bit more
vibrancy and encourage the students to engage slightly more. Particularly when it came to
the theory parts of the lesson because it was evident that all of the students were struggling
with this and some sort of visual may have aided them in their work. There was also no
written work or workbooks used in the lesson which would have been beneficial for some of
the sight reading revision. Overall, I think that the class would have benefitted from a bit
more organisation and vibrancy, a checklist for each individual student would have made it
easy to see each students progress and the whiteboard is a fantastic resource for engaging
the students and I think that this should have been exploited.

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External Teaching Placement Report and Resources

For my external teaching placement I attended St. Annes Primary School in Erskine,
Renfrewshire one day a week for 10 weeks. I decided to attend this school in particular
because it was the school that I attended as a child and it is well known in the community
for having a fantastic reputation, I hoped this would give me a good insight into what makes
a good school and also good teachers which would help me in my future career. The head
teacher placed me with Fiona Robertson, the teacher of primary 2/3 who was very well
organised and liked by everyone, both the head teacher and Miss Robertson were keen to
get me involved with the students to help me to get the most out of my placement. When
taking into consideration various learning methods, each lesson covered the VARK model to
enable children to learn in an array of ways which should help them in their future
education. There was also a strong emphasis based on Maslows Hierarchy of Needs and
every child was always made to feel important and safe in the school environment which
allowed them to make the most of their learning experience.
This first thing that I noticed about all of the lessons was that they were all very interactive
and the children were learning their core skills by using songs and games as well as writing
skills. This helped the children to stay engaged and they seemed to thoroughly enjoy all of
their learning activities without getting tired or distracted. The children would usually have
one topic that they would learn about and they would be introduced to maths, English and
other crucial skills via the topic. For example, Primary 2/3s topic for last term was Charlie
and The Chocolate Factory, so, Miss Robertson would read the book to the children during
their class reading time and then the children would do a task such as creative writing which
was based around the book but enabled them to practice their core writing skills. It was
clear to see that all of the children were very interested in their topic and they were very
proud to show me all of their work from the last term. When I asked Miss Robertson how
she managed to find resources for the class she told me that she had to create most of them
herself during her McCrone time or at home because there were very little resources for the
subject. Although she agreed that there was a large amount of preparation required for the
class, The Curriculum For Excellence had enabled her to grasp on to something that the
children would exciting and ultimately this would reflect in their learning. However, one
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thing that I did notice that all of the teachers were struggling with in regards to the
Curriculum for Excellence was the lack of preparation time (McCrone time). Although the
CfE has enabled the teachers to update the work that the children to do make it more
interesting and productive for them it takes significantly longer to prepare. Most of the
teachers stated that they would arrive at school at 8am and leave around 5.30pm and then
they would go home and continue working, some also stated that they regularly shorten
their lunch break to prepare lessons and they would also prepare lessons over holidays
aiming to do 3-6months preparation in advance- and then they would use their McCrone
time to mark classwork and set homework or write reports. They were all hoping to find a
way around this struggle which would minimise the amount of preparation that each lesson
required because they felt overwhelmed with work.
After a few weeks at the school I also questioned the benefits of composite classes when
there is only one teacher. The primary 2/3 class had 1 child who was at a significantly lower
level than his peers because his parents had requested that he was not put in the primary
1/2 class because his sibling was in primary 1 and they did not want them to be in the same
class. Not only did this have an impact on the amount of group work that he was able to do
as he was regularly taken out by a classroom assistant to do some one on one work but it
also had an effect on his relationships with his classmates. The children were less inclined to
play with him because he was seen as babyish due to his younger personality and his
language skills which were visibly less developed compared to the other children. There was
also a pupil who was doing advanced work on his own, he was in primary 2 but he was
beginning primary 4 work meaning that he was also left to work on his own regularly and
excluded from his classmates. I understand that in some cases composite classes can be
beneficial for the students because it allows them to work with students of a similar ability
but this is not always the case. By having a large range of abilities in the one class then it
seems to take away from valuable teaching time because the teacher is having to arrange all
of the children into their different groups and it can also make some children seem
different to the other children.
One of St. Annes biggest assets is the surrounding community and support from parents
which is apparent throughout the year. The students were given homework each night
which was written in their planner and it was completed every night without fail, one child
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was off school for a few days and their parents called up Miss Robertson to ask what the
children were doing in class so that they could teach them as best as they could at home to
enable them to do their homework and not be behind the rest of the class when they
returned to school. I believe that a strong home support system is crucial to a childs
progression in school and St. Annes is very lucky to have such a positive network.
I thoroughly enjoyed my placement and I have decided that I would like to go into primary
school teaching as a profession after completing university. I discovered that there is a lot
more preparation required for each class than I first anticipated and McCrone time simply
does not cover this but the children seem to get much more out of the lessons that have
been planned with consideration for each learning style. I was very lucky to be placed with
Fiona because she was extremely well prepared and gave me lots of tips on useful resources
and she also gave me the responsibility to work with individual children and also take some
of the class lessons.

Resources:
I have no official resources from my external placement because Fridays were used for
doing an assessment of their maths and English progress from that week and also for music,
religious education and art. Many of my tasks involved helping children to complete their
workbooks or doing group reading which meant that the teacher did not have her own
resource, she just shared with the pupils when required

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Current Educational Issues


Curriculum for Excellence Report

What is the curriculum for excellence?


The curriculum for excellence aspires to be a holistic programme which enables young
learners to be a confident individual; successful learner, effective contributor and a
responsible citizen. The curriculum includes the totality of experiences which are planned
for children and young people through their education, wherever they are being educated.
The characteristics of each of the 4 capacities:
Successful Learner:

Enthusiasm and motivation for learning

Determination to reach high standards of achievement

Openness to new thinking and ideas

These should enable the student to:

Use literacy, communication and numeracy skills

Use technology for learning

Think creatively and independently

Learn independently and as part of a group

Make reasoned evaluations

Link and apply different kinds of learning in new situations

Confident Individuals:

Self-respect

A sense of physical, mental and emotional well being

Secure values and beliefs

These should enable the student to:

Relate to others and manage themselves

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Pursue a healthy and active lifestyle

Be self-aware

Develop and communicate their own beliefs and view of the world

Live as independently as they can

Assess risk and make informed decisions

Achieve success in different areas of activity

Olivia Jack

Responsible Citizens:

Respect for others

Commitment to participate responsibly in political, economic, social and cultural life

These should enable the student to:

Develop knowledge and understanding of the world and Scotlands place in it

Understand different belief and cultures

Make informed choices and decisions

Evaluate environmental, scientific and technological issues

Develop informed, ethical views of complex issues

Effective Contributors:

An enterprising attitude

Resilience

Self-reliance

These should enable the student to:

Communicate in different ways and in different settings

Work in partnership and in teams

Take the initiative and lead

Apply critical thinking in new contexts

Create and develop

Solve problems
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What are the 4 categories of experience?


The 4 key values are; attributes and capabilities, achieving active engagement, motivation
and depth of learning.
The 7 principles for curriculum design:
The 7 principles for curriculum design are:

Relevance

Coherence

Personalisation and choice

Breadth

Progression

Challenge and enjoyment

Depth

How can experiences and outcomes be effectively used?


By investigating the entire set of experiences and outcomes, you will be able to see the
curriculum from the primary years to the end of S3 as a whole.
Those who teach a specific level will be able to witness where their contributions to a child's
learning and development sit in the width of progression. Secondary teachers will similarly
see where they can make contributions to experiences and outcomes from more than one
curriculum area.

Staff can then prepare, with colleagues, their contributions to each learner's education and
also support learners in making connections in their learning. By doing this successfully, they
will ensure that each learner experiences a coherent curriculum, achieves the highest
possible standards, and is prepared to move successfully into the senior phase and a
positive and sustained destination.

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The framework is less specific and prescriptive than previous curriculum advice. It provides
specialised space for teachers and other staff to use in order to meet the varied needs of all
children and young people.

What are the benefits of interdisciplinary learning?


Interdisciplinary studies can provide relevant, challenging and enjoyable learning
experiences and stimulating contexts to meet the varied needs of children and young
people.
Revisiting a concept or skill from different perspectives deepens understanding, and can
also make the curriculum more coherent and meaningful from the learner's point of view.
Interdisciplinary studies can also take advantage of opportunities to work with partners who
are able to offer and support enriched learning experiences and opportunities for young
people's wider involvement in society.

What are the features of a positive ethos and life at the school?
All members of staff should contribute through:

Open, positive, supportive relationships where children and young people will feel that they
are listened to.

Promoting a climate in which children and young people feel safe and secure.

Modelling behaviour which promotes effective learning and wellbeing within the school
community.

Being sensitive and responsive to each child or young person's wellbeing.

Children and young people should be encouraged to contribute to the life and work of the
school and, from the earliest stages, to exercise their responsibilities as members of a
community. This includes opportunities to participate responsibly in decision-making, to
contribute as leaders and role models, to offer support and service to others and to play an
active part in putting the values of the school community into practice.
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What do you believe are the strengths and weaknesses of the policy?
In my personal opinion, one of the main strengths that the policy has is that it takes the
childs entire wellbeing into consideration without compromising on their intellect. The
policy prepares children slightly more for the outside world than previous educational
policies and it also encourages teachers to ensure that they focus on all learning styles to
motivate each type of learners. From my personal experience at my placement school I feel
as though the policy has somewhat exploited teachers and not prepared them for the
amount of work that they have to do. McCrone time simply does not cover the amount of
preparation time that each teacher requires to tailor specific CFE lessons for every subject
which ultimately means that teachers are working more hours than they are technically
being paid for. The policy should be supportive of teachers by either increasing their
McCrone time or providing more teaching assistants who are able to take some of the
weight off of their teachers shoulders. It is evident that more support needs to be provided
to keep up the CFE policy in educational facilities but due to constant budget cuts, schools
and councils are simply not able to employ more teachers and support staff which
ultimately means that teachers will have to continue to prepare for lessons out with their
allocated timeslots during school hours for the foreseeable future. I believe that this may
put some people off of a teaching career because they would simply not be able to do the
job efficiently as well as have a family/social life which will cause a significant shortage of
teachers within the next 10/12 years.

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Current Educational Issue Report

Over the past few years, it has become more apparent that a large percentage of the public
feel as though independent schools are morally wrong. The argument is that independent
schools encourage the social divide between the working and middle class and encourage
elitism.
Public schools are funded by the government and therefore have to follow the national
curriculum and meet certain standards, compared to private schools which are typically
funded by the childrens parents which allows them to teach out with the national
curriculum to expand the pupils knowledge. From my personal experience, some private
schools teach exam materials a year earlier than public schools and then spend a year fully
revising each subject: this allows the students to be more prepared and ultimately receive
greater exam results. HMC schools has also reported that private schools have one teacher
for every 9 pupils compared with one per 22 in the state sector.1
Many people have branded private schools are unfair and morally wrong because some
intelligent children from working class families do not have the same job opportunities as
those with parents who are well connected because of their alumni networks,
unfortunately: its not what you know but who you know. It seems as though those who are
privately educated are able to queue jump others in certain career paths due to their
family name, for example, over 35% of MPs elected in the 2010 general election attended
private schools, which educate just 7% of the school population2. It could be possible that
pupils who receive private education happen to have a greater interest in politics compare
to working class pupils due to their schools curriculum but it seems more likely that these
pupils have friends and family members who have connections which gives them an
advantage over public school students who are attempting to have a career in the political
sector. A charity called the Social Mobility Foundation aims to narrow the gap between the
advantages that privately educated children receive compared to children who attend
public schools by providing better opportunities for students from low income backgrounds.
1

Top 10 Facts About HMC: http://www.hmc.org.uk/facts-figures/top-10-facts/ (First accessed 22/04/14)


The Educational Backgrounds of Members of Parliament in 2010. May 2010:
http://www.suttontrust.com/public/documents/2MPs_educational_backgrounds_2010_A.pdf Page 2. (First
accessed 22/04/14)
2

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The charity aims to open up the doors to more exclusive professions which are notoriously
hard to get in to unless you have an exclusive education or strong social network by working
with students who are high achievers in public schools and are either eligible for free school
meals or are the first generation in their family to attend university. Once the students apply
to the scheme they are able to select from 11 different professional sectors such as: law,
accountancy, medicine, politics and engineering. Each student is matched with a mentor
who works in their desired profession whom they regularly communicate with throughout
their studies which can also lead to summer internships and invitations to networking
events. One banking and finance student was quoted saying: Without the help of Gary and
SMF I would not have been well prepared for university aptitude tests or gained valuable
work experience during the summer. Attending SMFs meet-ups and talking to Gary face to
face has helped me know how to interact with professionals in the banking industry 3. The
internships are highly sought after by students at public schools due to their strong
reputation 98.3% of students said their internship either met or exceeded their
expectations4 - which has encouraged the Social Mobility Foundation to create more
projects throughout the UK, aiming to have one in each large city in the next few years.
It has become more common in the last few years for families to move home to ensure that
they are in the catchment area for the top public schools if they cannot afford private
tuition. This is because they are aware of how important good exam marks are and want to
give their child the best education possible to help them in their future career path.
However, less judgement is passed on parents who move to a better area compared to
parents who pay for their children to attend an independent school. For some reason,
because no money is exchanging hands, moving areas seems to be much more socially
acceptable on the whole.

Overall, it is clear that all parents are trying to improve their childrens future by any means
possible and I agree that it is unfair that people are able to pay for a better education,

Social Mobility Foundation Annual Review 2012


http://issuu.com/socialmobilityf/docs/smf_2012_annual_review page 6 (First accessed 22/04/14)
4
Social Mobility Foundation Annual Review 2012:
http://issuu.com/socialmobilityf/docs/smf_2012_annual_review page 7 (First accessed 22/04/14)

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charities like the Social Mobility Foundation are closing the gap between working and
middle class opportunities to ensure that bright children are able to get into any profession,
regardless of their background. However, if I was in a strong financial stance and I had the
opportunity to let my child receive private education then I wouldnt hesitate in the
slightest. As a parent, I want my child to have the best start in life; even if that means that
others think that my views are immoral. If you offered every parent the chance for their
child to attend a private school the majority of them would say yes, because they would do
anything to give their child the best possible opportunities in life.

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