Artist Management Agreement Lawyers Adelaide: Managers, Band Agreements, Band Names and Session Players
Artist management and band agreements in South Australia
Most band disputes start the day a member leaves, and turn on paperwork nobody signed. Talon Legal drafts and reviews management agreements, band agreements and session releases for South Australian artists, bands and managers, ideally while everyone is still on good terms. Book a same-day free 30-minute consultation or call (08) 7094 2021.
Band and management key facts
| Issue | Position in South Australia |
|---|---|
| A band without an agreement | Often a partnership: the relation between persons carrying on a business in common with a view of profit (Partnership Act 1891 (SA) section 1(1)). |
| Default shares | Equal shares in capital and profits, and equal contribution to losses, unless the partners agree otherwise (section 24(1)(a)). |
| Decisions | Ordinary matters by majority; no new member, and no change in the nature of the business, without everyone's consent (section 24(1)(g) and (h)). |
| Debts | Each member is liable jointly with the others for the band's debts and obligations incurred while a member (section 9(1)). |
| Leaving | With no fixed term, any member can end the partnership by notice; no majority can expel a member without an express power (sections 25, 26(1) and 32). |
| Band assets | Property brought in or bought for the band is partnership property, held for the band's purposes (sections 20(1) and 21). |
| Recordings | Performers can be co-owners of a recording of a live performance, in equal shares (Copyright Act sections 22(3A) and 97(2A)). |
| Session players | Recording a performance without the performer's authority is an unauthorised use (section 248G(1)). |
| Management agreements | Often standard form small business contracts, in which unfair terms are void and can attract penalties (ACL sections 23 and 24). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Need an artist management agreement lawyer in Adelaide?
Our artist management agreement lawyers in Adelaide act for artists, bands and managers. A management agreement decides who runs an artist’s career and what share they take. A band agreement decides how a band owns its name, songs, recordings and income, and what happens when someone leaves. Without one, the Partnership Act 1891 (SA) supplies default rules nobody chose. This page states the law current to 24 October 2026.
This guide is part of our media and entertainment practice. Related guides cover music recording and publishing agreements and music licensing, sync and composer agreements.
Free Consultation. Send us the management agreement, or tell us how the band runs. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- What should a management agreement cover?
- Do unfair contract terms rules apply to management agreements?
- Is a band a partnership?
- How are band decisions and money shared?
- Who owns the band name and equipment?
- What happens when a member leaves?
- Who owns the band's songs and recordings?
- Do session musicians need a release?
- How can band disputes be resolved?
- How similar matters tend to play out
- How we act on management and band agreements
- Case law
- Frequently asked questions
What should a management agreement cover?
Commission, scope, term and the exit. A manager usually takes a percentage of the artist’s income in return for running the business side of the career. The terms that matter most are the commission rate and the income it applies to, the length of the term and how either side can end it, and whether the manager keeps earning commission after the term on deals made during it, often called a sunset clause, and for how long.
The detail decides the value. Commission on gross income without deductions for touring costs or producer royalties can take far more than the headline rate suggests. The agreement should also define what the manager must do, the manager’s authority to sign deals for the artist, how money is handled and accounted for, and the artist’s access to records.
An artist management agreement lawyer will usually limit the manager’s signing authority to agreed categories of deal and require the artist’s approval for recording, publishing and long-term agreements.
Do unfair contract terms rules apply to management agreements?
Often, yes. Management agreements are commonly on the manager’s standard form. A contract for goods or services is a small business contract if at least one party makes it in the course of a business while employing fewer than 100 people, or had turnover under $10,000,000 in its last income year (Australian Consumer Law (ACL) section 23(4)). An unfair term in a standard form small business contract is void (section 23(1)), and since 9 November 2023 proposing or relying on one has been a contravention attracting penalties (section 23(2A) and (2C)).
A term is unfair if it causes a significant imbalance, is not reasonably necessary to protect the legitimate interests of the party it advantages, and would cause detriment if relied on (section 24(1)). Examples include terms that let one party alone terminate, renew or vary the contract (section 25). Terms worth testing in a management agreement include a one-sided right to extend the term, and commission on income long after the manager has stopped working for the artist.
Is a band a partnership?
Usually, if it is run as a business. Partnership is the relation which subsists between persons carrying on a business in common with a view of profit (Partnership Act 1891 (SA) section 1(1)). A band that plays paid gigs, sells music and merchandise and shares the money is likely to be one, whether or not anyone used the word.
Sharing profits is strong evidence. The receipt of a share of the profits of a business is prima facie evidence that the person is a partner, although it does not of itself make them one (section 2(1)(c)). A hired musician paid a fee stands in a different position from a member who shares in the band’s income.
Partnership has practical consequences. Each partner is an agent of the firm and the other partners for the business, and acts done in the usual way for that kind of business bind the firm and the other partners (section 5(1)). Every partner is liable jointly with the others for the firm’s debts and obligations incurred while a partner (section 9(1)). A van lease or a studio booking signed by one member can bind them all.
How are band decisions and money shared?
Equally, unless the band agrees otherwise. Subject to any agreement, express or implied, all partners share equally in the capital and profits of the business and contribute equally to losses (section 24(1)(a)). Every partner may take part in management (section 24(1)(e)), and no partner is entitled to payment for acting in the business (section 24(1)(f)).
Ordinary matters may be decided by a majority, but no change may be made in the nature of the business without the consent of all partners (section 24(1)(h)), and no new partner may be introduced without everyone’s consent (section 24(1)(g)). A band agreement usually changes these defaults, with unequal shares to reflect songwriting or investment, voting rules and a process for new members.
Who owns the band name and equipment?
The partnership, if the band is one and nothing else is agreed. Property brought into the partnership, or acquired on account of the firm or for the purposes and in the course of its business, is partnership property and must be held and applied exclusively for the partnership and in accordance with the partnership agreement (section 20(1)). Property bought with the firm’s money is deemed to have been bought on account of the firm unless the contrary intention appears (section 21).
The band name is the hardest asset. Its value is the reputation built up under it, and without an agreement, members who leave and members who stay can each claim the right to use it. A band agreement should say who owns the name, who may use it if the band splits, and whether it should be registered as a trade mark.
What happens when a member leaves?
It depends on the agreement, and without one the default rules are blunt. Where no fixed term has been agreed, any partner may end the partnership at any time by notice to all the others (sections 26(1) and 32(c)). Subject to any agreement, a partnership is dissolved as regards all partners by the death or insolvency of any partner (section 33(1)). No majority can expel a member unless an express agreement gives that power (section 25).
After a dissolution, each partner’s authority continues only as far as needed to wind up the affairs and complete unfinished transactions (section 38(1)). Where the remaining members carry on with the band’s assets without settling accounts with the member who left, that member can claim the share of later profits attributable to the use of their share of the assets, or interest at 7% a year, unless otherwise agreed (section 42(1)). On a final settlement, the assets go first to outside debts, then to partners’ advances and capital, and the residue is divided in profit shares (section 44).
A band agreement avoids most of this. It can provide that the band continues when a member leaves, set a buy-out price or formula, settle use of the name, and deal with songwriting income and recordings made while the member was in the band.
Who owns the band’s songs and recordings?
Songs belong to their writers; recordings depend on who made them. The author of a song owns the copyright in it unless it was made in employment or assigned in writing (Copyright Act 1968 (Cth) sections 35(2), 35(6) and 196(3)). Bands often share songwriting credit and income in a way that differs from strict authorship, and the band agreement and publishing arrangements should record what was agreed.
For recordings, the maker of a sound recording other than a recording of a live performance is the person who owned the first record when it was produced (section 22(3)). For a recording of a live performance, which can include a studio performance without an audience, the performers are makers alongside the record owner, and co-owners hold the recording in equal shares (sections 22(3A), 22(7) and 97(2A)). A departing member may therefore keep a share of recordings they played on unless the agreement deals with it.
Do session musicians need a release?
Yes. A session player who performs on a recording of a live performance may become one of its makers (section 22(3A)). A performer employed under a contract of service is replaced by the employer as maker, a rule the performer and employer can vary by agreement (section 22(3B) and (3C)). Recording or communicating a performance without the performer’s authority is an unauthorised use (section 248G(1)).
A short release should confirm the fee, the performer’s authority to record and use the performance, an assignment of any share in the recording, and a written consent covering the performer’s moral rights (section 195AXJ). It keeps ownership of the master clean for the band, the label, the distributor and later licensees.
How can band disputes be resolved?
Usually by agreement, with the court as a backstop. On application by a partner, the court may dissolve a partnership on grounds including a partner’s conduct calculated to prejudicially affect the business, a wilful or persistent breach of the partnership agreement, the business being able to continue only at a loss, or where dissolution is just and equitable (Partnership Act section 35).
A band agreement should include a dispute resolution clause, such as negotiation and then mediation, before anyone goes to court. Disputes with managers usually turn on the termination and post-term commission clauses. Court proceedings are a last resort, and the litigation and dispute resolution page explains how they run.
How similar matters tend to play out
Three illustrations of how the law on this page combines on ordinary facts. They are not predictions. Outcome depends on the documents, the evidence and the court.
Lower range. A four-piece Adelaide band with no written agreement wants to add a keyboard player as a full member, and one member objects. No new partner can be introduced without the consent of all the existing partners (Partnership Act section 24(1)(g)). A band agreement that sets the new member’s share and a voting rule settles it.
Middle range. The drummer leaves a band that never wrote anything down and asks for a share of the van, the gear fund and income from the EP. With no fixed term, notice ends the partnership (sections 26(1) and 32(c)), the van and gear bought with band money are partnership property (sections 20(1) and 21), and the drummer may co-own the recordings (Copyright Act sections 22(3A) and 97(2A)). A negotiated buy-out is the usual end.
Upper range. A manager’s standard agreement gives commission on all of the artist’s income for ten years after termination, and the artist ends the relationship after two. Whether that term is unfair depends on the significant imbalance, legitimate interest and detriment tests (ACL section 24(1)), and if it is unfair it is void (section 23(1)). The likely outcome is a negotiated sunset.
How we act on management and band agreements
We act for artists, bands and managers. For an artist or band, the aim is a fair share, a clear exit and control of the name and recordings. For a manager, it is an agreement that rewards the work done and will stand up if tested.
| Stage | What happens | What we do |
|---|---|---|
| Forming | The band starts earning money. | Draft a band agreement covering shares, decisions, the name and departures. |
| Management | A manager offers terms. | Review commission, term, sunset, authority and unfair terms. |
| Recording | The band records with others. | Prepare session and producer releases and performer consents. |
| Change | A member leaves or joins. | Advise on notice, buy-out, the name and the recordings. |
| Dispute | The band or the manager falls out. | Negotiate, mediate and advise on partnership and contract remedies. |
We cannot promise an outcome, and no lawyer can. We can make sure the band’s arrangements are written down before they are tested.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Management and band case law
None of the decisions below concerned a band or a management agreement. They are the cluster’s authorities on the points band and management arrangements most often meet: standard form terms, alteration of recordings and credit.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224 | Federal Court | Automatic renewal and unilateral price variation terms unfair and not transparent | [56], [60] |
| Perez v Fernandez [2012] FMCA 2 | Federal Magistrates Court | Altering and streaming a song infringed the recording copyright and the songwriter's right of integrity | [66], [84], [95] |
| Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136 | Federal Magistrates Court | Crediting the wrong artist infringed the rights of attribution and against false attribution | [18], [31] |
Case notes
ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224
Automatic renewal and unilateral price variation clauses created a significant imbalance in small business standard form contracts ([56]), and the terms, in legal language and very small print, were not transparent ([60]). The terms were declared void; the penalty provisions came later. One-sided extension and commission terms in a management agreement raise the same questions.
Perez v Fernandez [2012] FMCA 2
A Perth DJ overlaid a promotional recording of the artist’s voice onto the artist’s song and streamed the altered version on his website ([64] to [65]). The Court held this infringed the copyright in the sound recording, owned by the artist’s companies, and the songwriter’s right of integrity ([66]), and said moral rights infringement is actionable without proof of damage ([95]). It awarded $10,000 for the moral rights infringement and $2,312 for the copyright infringement (orders).
Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136
A magazine published a photograph of a portrait and named the wrong painter. The Court held the right of attribution is a positive right and, since nothing prevented the painter being identified, the reasonableness defence failed ([18]). False attribution means attribution that is objectively incorrect, with no need to prove intention ([31]). The painter was awarded $9,100 (orders).
Frequently asked questions
Is a band without a written agreement a partnership?
Probably, if the members carry on the band as a business in common with a view of profit (Partnership Act 1891 (SA) section 1(1)). Sharing profits is prima facie evidence of partnership (section 2(1)(c)).
Can a band kick out a member?
Not by majority vote, unless an express agreement gives that power (section 25).
What happens if a member leaves?
Without a fixed term, a member can end the partnership by notice (sections 26(1) and 32(c)), and the band’s affairs must then be wound up or settled. A band agreement can provide for the band to continue and for a buy-out.
Who owns a band's name?
Without an agreement, a name and goodwill built up in the band’s business can be partnership property (section 20(1)), and disputes over its use are common. A band agreement should decide it, and a trade mark registration may be worth considering.
Are band members liable for band debts?
Yes, jointly, for debts and obligations incurred while they were partners (section 9(1)).
Who owns the recordings a band makes?
It depends on who owned the record and whether it was a recording of a live performance, which can include a studio performance. The performers may be co-owners in equal shares (Copyright Act sections 22(3A), 22(7) and 97(2A)).
What commission does a manager take?
Whatever the agreement says. No statute sets the rate, so the income the commission applies to, and for how long after the term, matter as much as the percentage.
Can a management agreement be unfair?
Yes. An unfair term in a standard form small business contract is void, and one-sided rights to terminate, renew or vary are examples of terms that may be unfair (ACL sections 23(1) and 25).
Do I need an artist management agreement lawyer?
Before signing a management agreement, or when a band starts earning real money, yes. An artist management agreement lawyer can fix the terms that cause disputes later, such as commission after termination and departing members. A free 30-minute consultation will tell you where you stand.