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. 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

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. 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

Law - So Where Are You From?
As a framework of rules, law has several sources and a few main areas. It’s useful to get an understanding of these, and how the law works, before hitting specific topics.

Law can either come from decisions handed down by courts, which is known as either "case law" or “common law”, and laws made by governments, known as “statute law” or “legislation”. Both have the same force, and in fact can be equally slow to change!

“Case Law” or “Common Law”
“Case law” or “common law” is based on the idea that the decisions handed down by courts in a particular legal system are binding on other courts looking at similar legal matters later on. It's a fairly complex system, but a lot of Australian laws are based on decisions made by courts, in some cases over 200 years ago! Each new court decision can either add to the law, refine it, update it or, in some cases, completely reverse it!

Australian “case law” is based on court decisions from Australia, but also the United Kingdom, which has a very similar legal system, and from which most Australian laws began - the majority of “old” case law is in fact UK law. Its still relevant now, but not as much as when The Land Down Under was a ‘real colony’ in ye olde days.

Other countries with similar legal systems can also affect Australian case law, but not as strongly. New Zealand, the United States of America and Canada are examples of legal systems where significant decisions may affect the way Australian law develops.

Countries with different legal systems, such as France or Germany, don’t really relate to Australian “common law”, so there’s every chance a court decision in one of those countries is based on very different legal foundations or affected by different factors.

So, of course, if your music takes you anywhere outside this great browned-off land, the laws affecting you will immediately be different (although possibly kinda similar in the United Kingdom, New Zealand, the United States of America and Canada). The info on these pages doesn’t cover laws outside Australia, so you’ll need legal advice.

“Statute Law” or “Legislation”
Ok, so this is much simpler. Statute law or legislation is law made by governments in their elected roles - parliaments, in other words (but we don’t mean George Clinton). In Australia, statute law is made at three levels: nationally, by the Federal or Commonwealth parliament; in each separate state or territory, by the relevant State’s or Territory’s parliament; and locally, by local shires or councils in relation to local matters. Statutes are known as “acts” of parliament and may have detailed “regulations”.

The Federal and State parliaments have separate areas on which they can make laws, and they can’t interfere with each other’s areas. Like kids, they often fight about it...

Most of the legislation affecting the music industry comes from Federal laws, being the Copyright Act and the Trade Marks Act. State laws affect things like employment, liquor and venue licences and some aspects of legal contracts between people. Local laws often deal with things like noise and event restrictions. You know, er, local stuff.

Areas of Law
With these two “sources” of law in mind, “case law” or “common law” and “statute law” or “legislation”, it’s worth briefly looking at the main “general areas” of law.

At the first level, law can be either based on “contract” or “tort”, and in each case, the actual source can be either “case law”/“common law” or “statute law”/“legislation”.

Contract law is the law that controls what contracts can and can’t say and how what is said is interpreted. Clearly, it applies to written contracts, but contract law also affects “verbal contracts” or “implied contracts”. The “Contracts Generally” section has more.

Tort law is mostly based on “case law” or “common law” and is essentially a series of “torts”, which are legal rights available to all legal citizens to sue another if certain things are or are not done. The right to sue someone for injuring you is an example of tort law, being the “tort of negligence”, requiring people to take care to avoid injuring others. Other examples include the tort of nuisance, preventing citizens from causing an unacceptable nuisance on their neighbour’s land, or the tort of “passing off”, which prevents a person from misleading others into thinking that person is associated with the business or reputation of another. This tort is covered on the “Band Names” page.

Apart from the tort of passing off, there is not much “tort law” that directly affects the music industry. The “torts” that do will only do so in the same way they would affect you in the rest of your life outside music, so they aren’t covered on the Legalease It pages.

Aside from these two areas of “contract” or “tort” law, other specific of law do exist, but they are usually combinations of contract law, tort or certain specific “statutes”. For example, “music industry law” is really a combination of “statute law”, relating to copyright, band structures and names and how contracts are read, and “contract law”.

Ok, now that you've got the general idea on law, lets find out a bit about contracts!

Law - So Where Are You From?
As a framework of rules, law has several sources and a few main areas. It’s useful to get an understanding of these, and how the law works, before hitting specific topics.

Law can either come from decisions handed down by courts, which is known as either "case law" or “common law”, and laws made by governments, known as “statute law” or “legislation”. Both have the same force, and in fact can be equally slow to change!

“Case Law” or “Common Law”
“Case law” or “common law” is based on the idea that the decisions handed down by courts in a particular legal system are binding on other courts looking at similar legal matters later on. It's a fairly complex system, but a lot of Australian laws are based on decisions made by courts, in some cases over 200 years ago! Each new court decision can either add to the law, refine it, update it or, in some cases, completely reverse it!

Australian “case law” is based on court decisions from Australia, but also the United Kingdom, which has a very similar legal system, and from which most Australian laws began - the majority of “old” case law is in fact UK law. Its still relevant now, but not as much as when The Land Down Under was a ‘real colony’ in ye olde days.

Other countries with similar legal systems can also affect Australian case law, but not as strongly. New Zealand, the United States of America and Canada are examples of legal systems where significant decisions may affect the way Australian law develops.

Countries with different legal systems, such as France or Germany, don’t really relate to Australian “common law”, so there’s every chance a court decision in one of those countries is based on very different legal foundations or affected by different factors.

So, of course, if your music takes you anywhere outside this great browned-off land, the laws affecting you will immediately be different (although possibly kinda similar in the United Kingdom, New Zealand, the United States of America and Canada). The info on these pages doesn’t cover laws outside Australia, so you’ll need legal advice.

“Statute Law” or “Legislation”
Ok, so this is much simpler. Statute law or legislation is law made by governments in their elected roles - parliaments, in other words (but we don’t mean George Clinton). In Australia, statute law is made at three levels: nationally, by the Federal or Commonwealth parliament; in each separate state or territory, by the relevant State’s or Territory’s parliament; and locally, by local shires or councils in relation to local matters. Statutes are known as “acts” of parliament and may have detailed “regulations”.

The Federal and State parliaments have separate areas on which they can make laws, and they can’t interfere with each other’s areas. Like kids, they often fight about it...

Most of the legislation affecting the music industry comes from Federal laws, being the Copyright Act and the Trade Marks Act. State laws affect things like employment, liquor and venue licences and some aspects of legal contracts between people. Local laws often deal with things like noise and event restrictions. You know, er, local stuff.

Areas of Law
With these two “sources” of law in mind, “case law” or “common law” and “statute law” or “legislation”, it’s worth briefly looking at the main “general areas” of law.

At the first level, law can be either based on “contract” or “tort”, and in each case, the actual source can be either “case law”/“common law” or “statute law”/“legislation”.

Contract law is the law that controls what contracts can and can’t say and how what is said is interpreted. Clearly, it applies to written contracts, but contract law also affects “verbal contracts” or “implied contracts”. The “Contracts Generally” section has more.

Tort law is mostly based on “case law” or “common law” and is essentially a series of “torts”, which are legal rights available to all legal citizens to sue another if certain things are or are not done. The right to sue someone for injuring you is an example of tort law, being the “tort of negligence”, requiring people to take care to avoid injuring others. Other examples include the tort of nuisance, preventing citizens from causing an unacceptable nuisance on their neighbour’s land, or the tort of “passing off”, which prevents a person from misleading others into thinking that person is associated with the business or reputation of another. This tort is covered on the “Band Names” page.

Apart from the tort of passing off, there is not much “tort law” that directly affects the music industry. The “torts” that do will only do so in the same way they would affect you in the rest of your life outside music, so they aren’t covered on the Legalease It pages.

Aside from these two areas of “contract” or “tort” law, other specific of law do exist, but they are usually combinations of contract law, tort or certain specific “statutes”. For example, “music industry law” is really a combination of “statute law”, relating to copyright, band structures and names and how contracts are read, and “contract law”.

Ok, now that you've got the general idea on law, lets find out a bit about contracts!

For Those About to Contract...
As mentioned in the “Law Generally” section, contract law is the law controlling what contracts can and can’t say and how what is said in them is interpreted. Contract law will affect any kind of contract you enter into in the music industry, whether its your band contract, partnership agreement, songwriter’s agreement, management contract, publishing agreement, recording deal or distribution agreement - the list goes on!

But it’s worth clarifying exactly when a contract might exist, which often can be long before anyone goes to a lawyer to get a long, dull, complex, wordy contract drawn up.

Verbal Contracts - You Said, I Said
At the simplest level, an agreement or contract can exist between two or more people as soon as “agreement” is reached. Simple as that. A “verbal contract” can be created if there is “agreement” on what will or will not happen between them and, in doing so, each person intends to create a legally binding relationship. A “verbal contract” will be as legal and binding on each party as a written contract, but obviously it will be a lot harder to remember exactly what was agreed down the track. It will also be a lot harder for one party to even prove there was an agreement if another party denies it.

For that reason, verbal contracts are best avoided, except where absolutely necessary. But don’t be scared, drawing up a written contract isn’t as daunting as it might sound.

Written Contracts
Again, in simple terms, a written agreement can exist as soon as two or more people record their agreement in writing of some form, and signify their agreement to it - it could be a formal contract or the back of a set list! In most cases, a written signature would be required to prove this agreement. The main reason you would draw up a more formal agreement, either yourself or through a lawyer, is to make sure that all of the agreed terms are set out properly and clearly, which has two advantages. First, it means the parties agreeing to it are more likely to properly understand what is agreed, both so there’s no misunderstanding about the contract which might lead to problems later on and so they are each clear in their minds about what it is they now have to do. Second, it means that if there is a dispute or misunderstanding later, the written terms should solve it - there’s nothing worse than leaving out a key term of the agreement! If someone doesn’t do what the contract says they should do, the other person to the contract may be able to terminate the contract, or take action to recover loss suffered.

Of course, the main reason you would have a lawyer draw up your contract for you is to make sure all the issues are covered and both dealt with and expressed properly. It is always worth going to this extra effort (and expense!) if you have a lot at stake, and let’s face it, your future - and chance of success - in the music industry is a lot to risk!

Have a look at the “Managing” page in the Muso Stuff section for further persuasion.

Lastly, its always worth getting enough versions of the contract signed to give to each person signing it, or at least a photocopy of what was signed, and keep yours in a safe place, you never know when you might need it to resolve a dispute or just “check up”.

Implied Contracts
Now just to confuse you, a binding contract can exist between two or more people even where there is no written agreement or document of any kind, nor a verbal deal. They are rare. In essence, it can occur when the parties, by their actions, act in a way which suggests there is an agreement between them or is consistent with the “trade or custom” in a certain area, or where the law considers it would be unfair if one person was able to escape from their obligations without redress. In a similar way, the law can often imply one or more clauses into an incomplete contract for similar reasons.

But look, this is all getting a bit too legal - stick with the rule that as soon as you start to agree anything significant or substantial with anyone, think about using a contract! If can work for safe sex, it can work for you, and your career in the music industry.

What Use is a Contract?
It's a good question - what is the point of a contract, especially if someone breaches it?

Apart from the benefits stated above (namely that going to the effort of setting out and signing a written contract detailing what is agreed and who does what might make it more likely that each party to the contract knows exactly what is expected of them) as well as the likelihood that having it in writing, signed by them, may keep them honest, the main advantage of the contract is to clearly state what was agreed and what should happen, in the event of a dispute. It should put an end to your bickering and arguing!

But in the event that it doesn’t, the real value or point of a contract is to give any party to it the right to enforce the contract. In general terms, if one person breaches (or does not perform) their obligations in a contract, the other person can terminate the contract or sue them for the loss they might suffer as a result. This does mean you’ll ultimately have to go to court, or at least be willing to, in order to “persuade” the other person to fulfil their end of the deal, but that, unfortunately, is the way it all works. Let’s hope it never gets to that stage. A lot of angst can be avoided by a clear, well written contract.

An introduction to contracts (and a lot more good and very detailed thoughts on them) is available on the Legal Information section of the Arts Law Centre of Australia

Alright then, with all those general legal thoughts in mind, lets move on to the topics.

For Those About to Contract...
As mentioned in the “Law Generally” section, contract law is the law controlling what contracts can and can’t say and how what is said in them is interpreted. Contract law will affect any kind of contract you enter into in the music industry, whether its your band contract, partnership agreement, songwriter’s agreement, management contract, publishing agreement, recording deal or distribution agreement - the list goes on!

But it’s worth clarifying exactly when a contract might exist, which often can be long before anyone goes to a lawyer to get a long, dull, complex, wordy contract drawn up.

Verbal Contracts - You Said, I Said
At the simplest level, an agreement or contract can exist between two or more people as soon as “agreement” is reached. Simple as that. A “verbal contract” can be created if there is “agreement” on what will or will not happen between them and, in doing so, each person intends to create a legally binding relationship. A “verbal contract” will be as legal and binding on each party as a written contract, but obviously it will be a lot harder to remember exactly what was agreed down the track. It will also be a lot harder for one party to even prove there was an agreement if another party denies it.

For that reason, verbal contracts are best avoided, except where absolutely necessary. But don’t be scared, drawing up a written contract isn’t as daunting as it might sound.

Written Contracts
Again, in simple terms, a written agreement can exist as soon as two or more people record their agreement in writing of some form, and signify their agreement to it - it could be a formal contract or the back of a set list! In most cases, a written signature would be required to prove this agreement. The main reason you would draw up a more formal agreement, either yourself or through a lawyer, is to make sure that all of the agreed terms are set out properly and clearly, which has two advantages. First, it means the parties agreeing to it are more likely to properly understand what is agreed, both so there’s no misunderstanding about the contract which might lead to problems later on and so they are each clear in their minds about what it is they now have to do. Second, it means that if there is a dispute or misunderstanding later, the written terms should solve it - there’s nothing worse than leaving out a key term of the agreement! If someone doesn’t do what the contract says they should do, the other person to the contract may be able to terminate the contract, or take action to recover loss suffered.

Of course, the main reason you would have a lawyer draw up your contract for you is to make sure all the issues are covered and both dealt with and expressed properly. It is always worth going to this extra effort (and expense!) if you have a lot at stake, and let’s face it, your future - and chance of success - in the music industry is a lot to risk!

Have a look at the “Managing” page in the Muso Stuff section for further persuasion.

Lastly, its always worth getting enough versions of the contract signed to give to each person signing it, or at least a photocopy of what was signed, and keep yours in a safe place, you never know when you might need it to resolve a dispute or just “check up”.

Implied Contracts
Now just to confuse you, a binding contract can exist between two or more people even where there is no written agreement or document of any kind, nor a verbal deal. They are rare. In essence, it can occur when the parties, by their actions, act in a way which suggests there is an agreement between them or is consistent with the “trade or custom” in a certain area, or where the law considers it would be unfair if one person was able to escape from their obligations without redress. In a similar way, the law can often imply one or more clauses into an incomplete contract for similar reasons.

But look, this is all getting a bit too legal - stick with the rule that as soon as you start to agree anything significant or substantial with anyone, think about using a contract! If can work for safe sex, it can work for you, and your career in the music industry.

What Use is a Contract?
It's a good question - what is the point of a contract, especially if someone breaches it?

Apart from the benefits stated above (namely that going to the effort of setting out and signing a written contract detailing what is agreed and who does what might make it more likely that each party to the contract knows exactly what is expected of them) as well as the likelihood that having it in writing, signed by them, may keep them honest, the main advantage of the contract is to clearly state what was agreed and what should happen, in the event of a dispute. It should put an end to your bickering and arguing!

But in the event that it doesn’t, the real value or point of a contract is to give any party to it the right to enforce the contract. In general terms, if one person breaches (or does not perform) their obligations in a contract, the other person can terminate the contract or sue them for the loss they might suffer as a result. This does mean you’ll ultimately have to go to court, or at least be willing to, in order to “persuade” the other person to fulfil their end of the deal, but that, unfortunately, is the way it all works. Let’s hope it never gets to that stage. A lot of angst can be avoided by a clear, well written contract.

An introduction to contracts (and a lot more good and very detailed thoughts on them) is available on the Legal Information section of the Arts Law Centre of Australia

Alright then, with all those general legal thoughts in mind, lets move on to the topics.