Australian Intellectual Property Law Assignment

Added on - 21 Apr 2020

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Running head: BUSINESS LAWBusiness LawName of the student:Name of the university:Author note
1BUSINESS LAWAnswer to question 1Issue:Themain issueof this case to determine whether Bella and the other band members has anyrights against Emma under Australian Intellectual Property Law or not. From the facts of thecase, it has been observed that Bella and other members had formed a musical band andbecame popular in the music industry. They had performed well and got Hall of Fame awards(Stern, 2014). After twenty-one years of its formation, one of the members left the band andEmma was recruited in his place. However, Emma had failed to prove herself fit for the bandand failed to show her willingness to be fit for the band. After getting a world tour, Bella andthe other members have decided to exclude Emma from the tour and Emma has threatenedthe band to take legal steps against them.Rules:The provision of the present case is based on the intellectual property law (Gilbarg, &Trudinger, 2015). In Australia, Copyright Act governs the rules regarding the rights of theband members and the violation if made by any of the band member. It has been mentionedunder the Act to give the composer, sound recordings and lyricists shall have the option to getcertain rights if any other person will copy his own composition. It has been held inTheBeach Boys v Chuck Berry (1963)that it is the right of the original composer to publish themusic and get the share of profit regarding the same. However, it has been stated under thelaw that if a member of the band had infringed or violated the rules of the music contract ordoes not act according to the rules and norms of the band, he or she can be held liable and hisor her membership can be withheld. There are certain rights specifies for the replacingmembers of band.
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