Music Industry Law for Music Business Contracts- myassignmenthelp

Question: Discuss about theMusic Industry Law for Music Business Contracts. Answer: It is vital for the band to establish itself as a formal legal entity because it will help the band to resolve any arising problem that may lead to lose of the equipment and money. On the other hand, the band should protect its name legally because failing to do so may result to losing the bands reputation that already exist, and forcing the members to build a new identity from the beginning.[1]Other than that, the band should not involve a manager or an agent because they are expensive and yet is just starting to become successful; instead they should use fans and friends to market themselves. Under Copyright Act 1968, composers are regarded as the authors. Therefore, it is clear to say that they own the copyright. On the other hand, the band should allow Ralph to retain the copyright. It is because the law allows the person who has arranged for recording to have to own copyright.[2]Under Copyright Act, Ralph is allowed to own the copyright being that he provided sound recording; hence, making him the maker.[3] Conversely, being that the whole band depends on the lyrics created by Sarah; the band should recognize Sarah as the co-author due to her contribution. Further, the legal position with the copyright in songs if they failed to make an agreement will be that, the law will give Sarah copyright ownership because she is the one who created lyrics. The band should not agree to have a contract between them and the Fungi Records Ltd. The reason is that they may lose the reputation and the name of the business. Additionally, it will also affect the agreement that had been formed among the band members.[4]However, there would be no legal objections to Fungi to issue the same recorded album under a new band name. Arts Law protects the moral rights of the band members; therefore, the band members must follow the band partnership deed for them to replace Dan. The band should seek payment by the use of a contract, which can either be written or oral. However, the best form should be a written contract because is binding and easily enforced. The band should allow Fungi Touring to handle merchandise based on a new contract to avoid legal issues concert performance. Moreover, a legal action can be taken against anybody using ones trademarks without consent as stated under Copyright Law.[5] Fungi Touringmust write a letter to the University administration informing them about the existence of such concerts. They should also involve the policemen to keep law and order. Other than that, the collecting community also has the role to play because they may get affected by noise; hence, ending up filing noise complaints. If Victoria University decided to sponsor the concert, the main points on the agreement should include fees to be paid to the promoter, who to pay for the accommodation and travel expenses, and the date and time of the sound check.[6] The agreement should be between the University and the band or bands agents. It is better for the Casuals to establish their band as a partnership and not as a corporation. Forming a partnership will not require them to have a formal creation.[7] Besides, partnerships have more credit because the members have different assets. This enables the group to have the chance to get loans and allow them to grow. No matter what type of business structure the group uses, they should still legally protect their name. They can seek legal counsel when establishing their dealings. The Casuals should engage a manager since the group is still young and growing. A manager will help the band by devising and executing strategies and help the artist to excel.[8] Following the legal tips, the Casuals band should not accept the deal from the CEO of Mecca Pty Ltd being that there are so many things that they should consider, which actually are not included in the agreement. For instance, the agreement does not indicate its lasting period. Brian could have probably initiated a contract that lasts for a life time or say more than a year. However, the initial length should be a year, after which parties are given opportunities to renew if they wish to have some additional periods.[9] Aside from that, Brian does not state his release commitment. Without this commitment, there is no certainty that the record label will do what it is supposed to do: produce the album, package, and distribute it to the public for sale. The band should not agree to the new contract with Mecca as there was no reason for the requirements to change the name and replace one of the partners. Just in case the band accepts to get in the new contract with Mecca, they will be forced to change their band name to The Pick-ups and the same time change their current drummer according to the demands of the recording company. There are legal objections for Mecca to reissue I Dont Care with a different band name because it is known to be by the Casuals. The Copyright Act and Trade Mark Acts protects the owners from illegal productions unless there is a clear indication that the rock band has changed its name and for what reasons. Artists get real money on concert tours. As such, the band should seek circa $100,000 or more per performance. If Medina wants to handle merchandise, they should initiate a new contract with the rock band. Of course, legal action should be taken against the owner of the stall for antipiracy. Medina Touring will have to visit the school, get contact information, set the date for the concert tour and time of the day that will be given for the concert and the amount of time allocated for the band performance. All the collecting societies have a partly role of a consumer in the concert. Besides, they also have a role to motivate the performers through their applause and appreciation. The university will have to obtain permission from the copyright holder to use the song. Aside from that, they should agree how long they will use the song and the amount they will pay for it. Bibliography Articles/ Books/ Reports Arts Law : Information Sheet : Music Copyright And Publishing For Bands And Recording Artists (2017) Arts Law https://www.artslaw.com.au/info-sheets/info-sheet/music-bands-and-recording-artists/ Arts Law : Information Sheet : Trade Marks (2017) Arts Law https://www.artslaw.com.au/info-sheets/info-sheet/trade-marks Finding The Right Business Structure For Your Band | Future Of Music Coalition(2012) Futureofmusic.org https://futureofmusic.org/blog/2012/06/15/finding-right-business-structure-your-band Gorder, Don, Valerie Lovely and Steve Masur, Legal Aspects Of The Music Industry Course - Berklee Online (2017) Online.berklee.edu https://online.berklee.edu/courses/legal-aspects-of-the-music-industry Music Law Updates - Article: Music Business Contracts(2017) Musiclawupdates.com https://www.musiclawupdates.com/?p=118 Organizing Your Band As A Company By Paul B. Ungar, Attorney At Law (2017) Paulbungar.com https://www.paulbungar.com/My_Articles/Article_1/article_1.htm Vilmer, Matt,5 Tips Every Artist Must Know Before Signing Their First Record Deal(2015) Blog.sonicbids.com https://blog.sonicbids.com/5-tips-every-artist-must-know-before-signing-their-first-record-deal Voogt, Budi,Understanding The Music Industry: Artist Managers And Booking Agents What They Do And Why You Need Them(2017) Heroic Academy https://heroic.academy/understanding-music-industry-artist-managers-booking-agents/ Regulations Arts Law Copyright Act 1968