Business Development Corporation Contract Essay

Question:

Discuss About The Business Development Corporation Contract?

Answer:

Introducation

Cox music limited is a music company which was established in July 2017. This music company is now planning to record and release a music which is to be recorded by the renowned artist Alison Brad. The company before recording has to comply with certain provision of law governing musical works in Australia. The musical works cover under the provision of copyright which is given under Copyright Act 1986.

Legal matters

As the company is planning to record a song by an artist for this this purpose the artist and the company should bind themselves legally by entering into the contract so that they can seek legal remedy in case of there of any dispute arises in the middle of the contract. But for that there should be basic elements which must exist into contract includes:[1]

  • Agreements in which one party gives an offer (with terms and condition) to another party for acceptance,[2]
  • Capacity: both of the parties should have attained age of majority and capable to understand the consequences of the contract.
  • Consideration: There should be legal consideration between the parties without consideration the contract will considered as valid contract.
  • Legal intention: the contract should have legal binding effect to bind the parties for that party must have legal intention to create a legal relationship between them.[3]
  • Mutual consent: for the valid contract there must be a free consent from both of the party.

Further after the record of the music by an artist. The company has to release the music and it has to contact with suppliers and publishers. For that the suppliers publishers and company will form the contract and will specify the terms and condition of the contract. After that the company will also make the contract with event organizers for the event of music release. In the case of any dispute the company will relay on alternative dispute resolution where the parties to the contract will send the dispute to the arbitration court for the settlement and the decision of the arbitrator will be considered as finale.in the case of occurrence of any force majeure either before or at the time of recording or release of music such that the recording or release gets affect and become impossible then the company or artist will not be liable for any kind breach and damages. Apart from all this if any party of the contract breaches any terms and condition of the contract such party will be liable for the damages. The company will have all rights to seek the remedy in the matter of breach by the artist enter a clause in the contract between the artist and company so as to prohibit the artist to perform or to enter into a contract for a performance for a third party. Accordingly if the artist breaches this clause he may initiate arbitrator proceeding for the breach as above mentioned by the company and company will also have a right to seek the remedy in the case of breach by the supplier through the entering another clause in the contract of the supplier and the company in which if the supplier will not supply music CDs within the given time which have mentioned in the contract. The supplier will do specific performance for the company within the given time.

the company has to singed a CG (general catalogue) agreement with the music publisher for the registration of the musical work but Before registering for the copyright company has to introduce the type the musical work and it has to understand the copyright ownership facts.[4] Songwriters, creator and all persons who contributes in the musical work for their living has to follow all the provision of copyright.[5] Copyright is major rule to getting money in the field of music industry thus the provision related to copyrights provides certain legal rights to the copyright owner for their work.[6] These rights give them control over their work and in payment negotiation when other person wishes to utilize their work. The right related to music and lyrics, recordings, performance, distributed edition along with the rights covering merchandising are examples of earning money that runs by the music industry. All the artist and consultants should understand the basic rule of copy rights.[7]

The Copyright Act of Australia provides certain rights to copyright owners in their musical works and lyrics which are as follows:

  • Reproduction of the work: through recording, photocopying, or online downloading
    • publication: produce it publically first time;
    • give the performance in public;
    • connect it to the public: via radio, TV and online
    • interpret it for lyrics
    • manage or transcribe it for music[8]

The music business access the terms to describe the rights includes mechanical right to record a song on CD, synchronization right to recreate tune onto soundtrack and performance right to perform publically (live or via recording and to connect it publically (playing it online or via broadcast). Mostly copyright is held by the owner of the music but in some cases the owner license and allocate their rights to another person who utilize them on their behalf. All the performance and communication rights of the composer are managed by The Australian performing Right Association.

The composer gets the copyright for his lifetime plus 70 years after death of the composer. Copyright also protects music and lyrics under a sound recording separately. The copyright also gives protection for the investment related to music that is possessed by an organization or individual that contributed money for the recording. Recording music also includes its reproduction. The reproduction of musical work in song recording for selling purpose is administered by the copyright. These provisions give permission for the song recording but the owner of the copyright should be informed about the sound recording and royalty.[9]

Conclusion

The company cox music limited has to abide all the provision of copyright and it has to register it musical work also. Apart from all this it has to abide the provision related to the contract and form the contract with the artist publishers and suppliers and it should also explain all the terms, conditions and requirement related to contract during formation of contract with another party.

References

APRA AMCOS, Registration Works (2017) <

Art Law Center of Australia, musicians &Composers: Useful Resources (2015) <

Australian Government, Copyright Act 1968 <

Harold Stock & Co, When is a Contract Legally Binding (September 2013) <

Music Rights Australia, Copyright FAQS (2017) <

Nolo, What makes a Contract Valid? (November 2006) Forbes <

Simpsons, Copyright & Music- The Basic <

Small Business Development Corporation, Contract and agreements (2016) <

[1] Small Business Development Corporation, Contract and agreements (2016) <

[2] Nolo, What makes a Contract Valid? (November 2006) Forbes <

[3]Harold Stock & Co, When is a Contract Legally Binding (September 2013) <

[4] APRA AMCOS, Registration Works (2017) <

[5] Australian Government, Copyright Act 1968 <

[6]Music Rights Australia, Copyright FAQS (2017) <

[7] Art Law Center of Australia, musicians &Composers: Useful Resources (2015) <

[8] Australasian Music Publishers Association, Owners (2017) <

Australasian Music Publishers Association, Owners (2017) <

[9] Simpsons, Copyright & Music- The Basic <

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