Laying Down The Law: Introduction to WAM GUFF

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Laying Down The Law

Introduction to WAM GUFF
Welcome to WAM GUFF - Legalease It, WAM's online music law resource, written and complied by Mike Tucak.

Why Legalease It?
The law is the framework of rules that govern almost everything we do in our society. It affects how we interact with others, the products we use or the activities we enjoy.

An understanding of laws affecting the things you do is almost essential knowledge.

After all, you wouldn’t hit the road to drive your car without knowing the road rules!

But, if you’re getting involved in the music industry, would you bother getting yo’self an understanding of the basic laws affecting almost everything you do, from forming a band, writing or recording songs, getting a manager or getting gigs? Things that the law will affect way before you get to the stage of signing contracts with record labels.

Well, if you think you would, you’ve come to the right place. WAM GUFF - Legalease It, WAM’s Online Music Law Information Resource, is a launch pad giving you a little bit of help from your friends in understanding the laws that come into play, when you begin to play.

How to Use Legalease It - Read This First!
You can navigate the various topics covered on these pages by using the links to the right. Where topics relate to others, there’s links there too, so you can flick back n’ fro to other relevant Legalease It info. There’s also links to other people’s websites or pages with more detailed info, and a useful database of relevant contacts and other info.

But, please remember (and this is important): the information on these pages does not constitute legal advice and is not intended or able to cover all situations you might find yourself in. The information is intended as general or reference info only and you should seek legal advice about your particular situation before you act.

You can find details on seeking legal advice from the WAM Member Benefits page, or you can try the Arts Law Centre of Australia, the national community legal centre for the arts.

Disclaimer

Legalease It is also based on the law applicable in Western Australia (not Australia as a whole), so if you're based in a state other than Western Australia, or you take your 'music business' there, you will need to consider the laws applicable to that location. And of course, if you're doing anything outside of Australia, the same applies!

This information is also copyright, so please don't copy it without permission.

Ok, well, the law is an ass*, so get yours into gear (no!) and teach yo'self summin!
*Mr Bumble, in Oliver Twist, Charles Dickens, 1838

You can find details on seeking legal advice from the WAM Member Benefits page, or you can try the Arts Law Centre of Australia, the national community legal centre for the arts.

Disclaimer

Music and the Law

Here you will find WAM GUFF - Good Useful Facts Fast - and all relevant to the music industry of course.

Sections on offer at the moment are:
Legalease It
The Notes
Keep an eye on this area as the WAM GUFF collection will be growing over time!

If you have any feedback about these pages, please email.

Legalease It

CONTENTS

Laying Down The Law: Introduction to WAM GUFF - Legalease It
Why WAM GUFF - Legalease It?
How to Use WAM GUFF - Legalease It - Read This First!

Rock 'n Roll Is Just The Blues Sped Up - The Law Generally
Law - So Where are You From?
"Case Law" or "Common Law"
"Statute Law" or "Legislation"
Areas of Law

Write It Down, Write It Down - Contracts Generally
For Those About to Contract
Verbal Contracts - You Said, I Said
Written Contracts
Implied Contracts
What Use is a Contract?

1. Band Names
Names are Important
Check No-one Else Has Your Name
Registering a Business Name
Registering a Trade Mark
Establishing a Reputation
Further Information

2. Band Structures
Structure, What Structure?
Working as a Solo Artist
Band Structures
Partnerships
Companies
Trusts
Further Information

3. Band Management
Managers, Managers, Managers
Choosing a Manager
Management Contract
Term
Territory
Exclusivity
Your Manager's Powers
Manager's Obligations or Duties
Artist's Obligations
Commission and Payments
Dispute Resolution
Manager's in NSW
Other and in Summary...
Further Information

4. Performing and Promoters
Performing - It's Good for You
Performance Contracts
Practical Considerations
Payment for Live Shows
Termination
Touring and Promoters
Performer's Rights

5. Copyright - Your Property!
What the &#@% is Copyright??
Just Who and What Does Copyright Protect?
Formalities
Owners of Copyright
Rights - Right On!
Moral Rights
How Long Does Copyright Last?
Assigning and Licensing Copyright
Infringement
Performer's Rights
Further Information

6. Song Writing and Song Rights
Co-writing
Songwriting and Publishing
Collection and Distribution of Income
APRA - "Performing Rights"
AMCOS - "Mechanical Rights"
Mechanical Royalties
Further Information

7. Publishing and Song Licensing
Get Your Music Out There!
Types of Publishing Agreements
To License or Assign? Transferring Your Copyright
A Quick Tour of a Publishing Contract
Term and Period of Retention
"Caught" Works
Advances
Royalties and Types of Income
'At Source' Vs 'Net Receipts'
Sub-Publisher's Commission
Writer's Warranties
Publisher's Obligations
Royalty Accounting
Other Matters
Song Licensing
Further Information and Advice

8. Recording and Rights in Records
"Yeah, We're Recording..."
Doing It for Themselves
The Real Deal - Recording Agreements
A Rrruff! Guide to a Recording Agreement
Term and Option Periods
Minimum Commitment
Copyright
Artistic Control
Advances
Royalties
PPCA
Obligations of the Record
Termination
Dispute Resolution
Other Clauses
Termination
A Final Word
Further Information and Advice

9. Record Labels and Record Licensing
Pressing and Distribution Deals
Master Licensing Deals
Label Deals

10. Useful Contacts
Arts Bodies
Business
Copyright
Government
Legal
Music Industry
Support

All information on these pages is copyright Mike Tucak 2001-2010.

All rights in this information are reserved. No part of this information may be copied, stored or transmitted in any form or by any means, electronic, mechanical, recording or otherwise except excerpts for the purposes of review only and no part of it may be sold, licensed or hired without the express written permission of the copyright holder.

Disclaimer

The information on these pages is not intended as and does not constitute legal advice.

The information on these pages is as accurate as possible, but provided strictly 'as is'.

The information on these pages relates to laws applicable in Western Australia only.

Before taking any action in reliance on this information, you should get legal advice. This information is presented as reference information only and it does not cover nor can it be accurate for all facts, situations or circumstances that might apply to you - it is intended as a general guide only. It is not intended to be exhaustive or completely comprehensive.

Although the authors of this information and the West Australian Music Industry Association Inc. have taken all reasonable care in preparing this information, neither of them makes any warranty about the accuracy or completeness of the information or the content of these pages and, to the maximum extent permitted by law, exclude and disclaim all liability arising in any way from its use or any reliance placed on it. No responsibility is accepted for any loss, injury or inconvenience caused or sustained by anyone resulting from use of or reliance on this information. Users should verify all critical information or obtain legal advice before taking any action in reliance on it.

If you are carrying on any activity outside of Western Australia, there may be further laws or information relevant to you or that activity and you should make your own enquiry to determine what laws may apply or what other information may be relevant.

The information on these pages is not intended as and does not constitute legal advice.

The information on these pages is as accurate as possible, but provided strictly 'as is'.

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