Analysis of Intellectual Property Rights in Band Membership Disputes

The case study examines whether Bella and other band members have any rights against Emma under Australian Intellectual Property Law following her recruitment into a musical band that had previously gained fame. After joining the band post the departure of an original member, Emma failed to meet the band's performance criteria and was subsequently excluded from a world tour. Threatening legal action, Emma challenges her exclusion on grounds of intellectual property rights. The assignment explores Australian Copyright Act provisions, which stipulate rights for composers, sound recordings, and lyricists, and outlines conditions under which band members' agreements can be violated, leading to termination. Ultimately, the case concludes that due to Emma's failure to contribute substantively or adhere to contractual obligations, she would not succeed in a legal claim against the band. The study highlights the balance between individual member rights and collective artistic integrity within bands.

Running head: BUSINESS LAW
Business Law
Name of the student:
Name of the university:
Author note

1BUSINESS LAW
Answer to question 1
Issue:
The main issue of this case to determine whether Bella and the other band members has any
rights against Emma under Australian Intellectual Property Law or not. From the facts of the
case, it has been observed that Bella and other members had formed a musical band and
became 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 and
Emma was recruited in his place. However, Emma had failed to prove herself fit for the band
and failed to show her willingness to be fit for the band. After getting a world tour, Bella and
the other members have decided to exclude Emma from the tour and Emma has threatened
the 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 the
band members and the violation if made by any of the band member. It has been mentioned
under the Act to give the composer, sound recordings and lyricists shall have the option to get
certain rights if any other person will copy his own composition. It has been held in The
Beach Boys v Chuck Berry (1963) that it is the right of the original composer to publish the
music and get the share of profit regarding the same. However, it has been stated under the
law that if a member of the band had infringed or violated the rules of the music contract or
does not act according to the rules and norms of the band, he or she can be held liable and his
or her membership can be withheld. There are certain rights specifies for the replacing
members of band.

2BUSINESS LAW
Application:
In this case, it has been observed that Emma was a replaced artist and she had not performed
her duties by non-maintaining the genre or the band criteria. She had gotten certain chances
to match up with the band members and the atmosphere of the band (Weatherall, 2014).
However, all the efforts were in vain and therefore it was become impossible for Bella and
other members to retain consistency in the band. Emma had not composed any song or had
not contributed in the lyrics of the band. Therefore, she will not get any copyright over the
band. Emma was recruited as a subsidiary for other band member who left and she was
appointed to fill the gap. However, it has been observed that she had failed to fill the gap and
violate the rules of the agreement (Faturoti, 2017).
Conclusion:
Therefore, it can be stated that if Emma will sue the band or bring legal action against the
members of the band, Bella and other members shall have the rights to terminate the contract
with Emma on the ground of violation of the terms of the contract.

3BUSINESS LAW
Reference:
Faturoti, B. (2017). Re-importing the concept of ‘authorisation’of copyright infringement to
Nigeria from the UK and Australia. International Review of Law, Computers &
Technology, 31(1), 4-25.
Gilbarg, D., & Trudinger, N. S. (2015). Elliptic partial differential equations of second order.
springer.
Stern, M. (2014). " Mi wantem musik blong mi hemi blong evriwan"[" I want my music to be
for everyone"]: Digital developments, copyright and music circulation in Port Vila,
Vanuatu. First Monday, 19(10).
Weatherall, K. (2014). Submission on the IP Chapter of the Korea-Australia Free Trade
Agreement. Selected Works of Kimberlee G Weatherall. Accessed December, 5,
2014.