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Music and the Law

Music and the Law

By Peter MacFarlane and Paraskevi Kontoleon


Cover image reproduced with permission of the photographer © Sophie Karanicolas

Music and the Law is a book that examines the relationship between the law and the music industry in Australia. The book is specifically aimed at assisting and educating law and music students, as well as individuals involved in the music industry including musicians, managers, agents and music enthusiasts.

The book's introductory chapter considers the importance of music from a social, cultural and political perspective and provides an introduction to the Australian legal system. The book then looks specifically at various aspects of the music industry and, in particular, provides a summary of the following key aspects:

  • Contracts
  • Recording and distribution
  • Copyright
  • Musical works, literary works and sound recordings
  • Live performance and the live music industry in Australia
  • Alternative dispute resolution

The final chapter of the book provides commentary from various members of the Australian music industry including lawyers, managers, distributors and musicians.

Music and the Law is an indispensable tool to anyone attempting to navigate the world of music today, covering the wide spectrum of legal issues that those in the music industry may encounter.


Table of Cases
Table of Statutes

1. An Introduction to Music and the Law

2. The Making of Contracts and Agreements

3. Recording and Distribution

4. Copyright

5. Licensing Sound Recordings

6. Publishing – Musical and Literary Works

7. The Death and Rebirth of Live Music in Australia

8. Alternative Dispute Resolution

9. The Industry Perspective

Glossary: Key Definitions and Organisations in Australia




This is an unusual and perhaps unorthodox legal text. That said it is compelling, taxonomically creative and informative. It has not pursued the traditional path of legal publication in an identified area of law. The authors have thought carefully about their chosen field and defined their own area of discourse. The title is ambiguous but accurate nevertheless. The work covers a wide variety of areas of the law which are relevant to any person engaged in the music industry including legal practitioners who have clients in that field.
        The introduction to the work is of great interest setting music in a social and legal context and noting the contribution of music and musicians to the development of the law, especially in the United States of America. The second chapter is an introductory one dealing with the making of contracts and agreements, while chapter 3 is more topic specific and deals with the complex world of recording and distribution agreements. It considers the substantial changes in this area of business wrought by the introduction of the digital distribution of music. It also deals with the numerous important cases concerning contracts between record label companies and musicians. Subsequent chapters deal with copyright, licensing sound recordings and publication of musical and literary works. Another interesting discussion occurs in chapter 7 dealing with legal issues surrounding the live music industry in Australia. A final chapter has insights from participants in the music industry reflecting on the difficult legal minefield in which they have had to operate.
        This is another excellent recent publication from the Federation Press which continues to be the leader of legal academic publishing in Australia. It will appeal to participants in the music industry and their lawyers.

Queensland Law Reporter, 10 February 2017, [2017] 05 QLR


Published 14 December 2016
Publisher The Federation Press
ISBN 9781760020811
Australian RRP $59.95
International Price $54.50
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Law - Entertainment
Law - Intellectual Property

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