Music Lawyers Adelaide: Recording Contracts, Publishing Deals, Masters and Royalties

Music recording and publishing agreements in South Australia

Two contracts decide most of a musician’s income: the record deal and the publishing deal. Talon Legal reviews and negotiates recording, publishing, label and distribution agreements for South Australian artists, songwriters, producers and independent labels. Book a same-day free 30-minute consultation or call (08) 7094 2021.


Music deal key facts

IssuePosition in South Australia
Two copyrightsA song, meaning the music and the lyrics, and a recording of it are separate copyrights with separate owners (Copyright Act sections 31 and 85).
Who owns a recordingThe owner of the first record when it was produced, or the commissioning party for a recording made under a paid agreement, unless agreed otherwise (sections 22(3) and 97(2) and (3)).
Live performancesFor a recording of a live performance, the performers are makers alongside the record owner, and co-owners hold it in equal shares (sections 22(3A) and 97(2A)). A live performance includes one given without an audience (section 22(7)).
Who owns a songThe songwriter, unless employed under a contract of service or the copyright is assigned in writing (sections 35(2), 35(6) and 196(3)).
Future songsAn agreement signed in advance can assign songs not yet written (section 197(1)).
Unfair termsAn unfair term in a standard form small business contract is void, and since 9 November 2023 proposing or relying on one can attract a penalty (ACL section 23).
Moral rightsSongwriters and performers keep them, and they cannot be assigned (sections 195AN(3), 195ABA and 195ALA).
Borrowing musicTaking a substantial part infringes, judged by the quality and importance of what was taken (section 14(1); EMI Songs v Larrikin at [52] to [53]).
AICopyright needs human authorship (Telstra v Phone Directories at [118]). Converting a work to digital form is a reproduction (section 21(1A)).
First stepSame-day free 30-minute consultation. Call (08) 7094 2021.

Need a music lawyer in Adelaide?

Our music lawyers in Adelaide act for artists and bands, songwriters, producers, managers and independent labels. A recording or publishing deal can shape an artist’s income and control of their work for years, and the detail is where the value is: what is recouped, who owns the masters, how long the deal runs and how the rights come back. The Copyright Act 1968 (Cth) sets the default ownership rules the contract changes. This page states the law current to 24 October 2026.

This guide is part of our media and entertainment practice. Related guides cover artist management and band agreements and music licensing, sync and composer agreements.

For book deals, including royalties and the rights an author grants, see our guide to book and e-book publishing agreements.

Free Consultation. Send us the deal before you sign it. Book a same-day free 30-minute consultation or call (08) 7094 2021.

All reviews
Google
Google
Trustindex
Trustindex
True Local
True Local
Word of mouth
Word of mouth
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
Top Rated Lawyers
Verified by Trustindex
Top Rated Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Google star 1Google star 2Google star 3Google star 4Google star 5
5.0Google star 1Google star 2Google star 3Google star 4Google star 5
Top Rated Lawyers
Verified by Trustindex
Top Rated Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
Top Rated Lawyers
Verified by Trustindex
Top Rated Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5
5.0Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5
Top Rated Lawyers
Verified by Trustindex
Top Rated Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5
5.0Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5
Top Rated Lawyers
Verified by Trustindex
Top Rated Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
Posted on Google Google
Muhammad Zubair profile picture
Muhammad Zubair
29 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Talon Legal is the best law firm in the Adelaide. Dan was able to resolve my case before time, achieving a favourable outcome. I would highly recommend Talon Legal to anyone seeking professional legal assistance. Talon Legal develops effective legal strategies to achieve the best possible outcomes.
Posted on Google Google
Jessie W profile picture
Jessie W
26 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a great experience dealing with Danial at Talon Legal. From our initial conversation, he was professional, approachable and genuinely interested in understanding our business and its needs. He took the time to listen, explain things clearly and offer thoughtful, practical advice. I particularly appreciated his patience, honesty and the time he dedicated to our discussions. Although we haven’t engaged the firm for further work at this stage, the experience has left a very positive impression. I would certainly feel confident reaching out to Danial again for any future legal matters. Thank you, Danial, for your time and professionalism. It’s been a pleasure dealing with you!
Posted on Google Google
Angela Carter profile picture
Angela Carter
12 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Was a scary experience, uut thenks to your expertise, i got the best possible outcome.
Posted on Trustindex Trustindex
S Google profile picture
S Google
24 September 2026
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Exceeds expectations Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
Posted on Google Google
S Google profile picture
S Google
24 September 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
Posted on Trustindex Trustindex
Samin Adit profile picture
Samin Adit
1 September 2026
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Dan was extremely helpful and he was very patient and through and took time explaining me all the process and next step. And he carried a great sense of humor while he spoke and honestly that made it so easy to understand when I was already stressed out.
Posted on Google Google
Calvin Munatswa profile picture
Calvin Munatswa
24 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m extremely happy with the service I received from Dan. He was professional, responsive, knowledgeable and genuinely committed to achieving the best possible outcome. I really appreciate the hard work, guidance and support throughout the process. Thank you for doing such a great job. I would highly recommend your services to anyone looking for a reliable and dedicated lawyer.
Posted on Google Google
Marcelle Ayoubi profile picture
Marcelle Ayoubi
4 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Highly recommend Dan! He was prompt, reliable and efficient, with excellent communication throughout the entire process. His knowledge and professionalism gave me confidence, and he achieved a good outcome. Dan took a lot of the stress out of what could have been an overwhelming experience. Thank you, Dan, for all your support and assistance!
Posted on Google Google
Neb Trivic profile picture
Neb Trivic
24 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Very knowledgable, helpfull and got the best outcome hoped for.
Posted on Google Google
Anton Simdyankin profile picture
Anton Simdyankin
21 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Timely quote, responses and overall great experience. 100% Recommend
Posted on Google Google
Tania Stubberfield profile picture
Tania Stubberfield
16 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I highly recommend Talon Legal and especially Daniel Esmaili. During our initial conversation for a driving offence, Dan was incredibly honest and told me that I didn't really need legal representation. He was completely down-to-earth and non-judgmental, reassuring me that people make poor choices sometimes. I felt more at ease and I chose to hire him anyway to avoid the anxiety of a court appearance, and it was the best decision I could have made. He took care of everything from start to finish, appearing in court on my behalf so I didn't have to attend at all. He explained everything clearly without using confusing legal jargon. He was also incredibly thoughtful and personal, asking how my birthday trip away went with family. Thanks to Dan, we got a fantastic outcome with a significantly reduced suspension time and a minimal fine. Dan even went above and beyond by telling me to contact him before I start driving again to double-check that my suspension is fully completed and my licence paperwork is processed correctly. On top of the amazing result, the fees were surprisingly affordable without compromising on performance and integrity. If you want an empathetic, honest, affordable and highly capable lawyer, then Dan's your man. Thankyou again Daniel Esmaili at Talon Legal.
Posted on Google Google
Bill P profile picture
Bill P
30 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We recently engaged Dan Esmaili from Talon Legal to assist our family with a motor vehicle road rule expiation and related court matter. From the very beginning, Dan was professional, clear, and extremely supportive. He took the time to explain the process in a way we could understand, kept us informed throughout, and handled the matter with care and confidence. Most importantly, Dan achieved a successful outcome for our family, which we are very grateful for. We sincerely appreciate his guidance, responsiveness, and dedication. We would highly recommend Dan Esmaili and Talon Legal to anyone needing strong legal support and professional representation.
Posted on Google Google
Sara Gleeson profile picture
Sara Gleeson
16 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I cannot recommend Dan Esmaili (Talon Legal) highly enough. I was extremely worried about the impact a legal problem could have on my future. From the beginning, he was professional, knowledgeable, and supportive. He took the time to explain the legal process, answered all of my questions, and worked tirelessly on my case. Thanks to his expertise and advocacy, I received a result without a conviction being recorded. This outcome has made an enormous difference to my life, and I am incredibly grateful for his dedication and hard work. If you need a lawyer who genuinely cares about their clients and achieves outstanding results, I would not hesitate to recommend Dan.
Posted on Google Google
Matthew Greenwood profile picture
Matthew Greenwood
16 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Thanks Dan for your legal help . You got the best possible outcome , thanks again . Matt
Posted on Google Google
Caleb Sweeting profile picture
Caleb Sweeting
15 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Danial Esmaili is an excellent lawyer whose clear communication style makes navigating legal matters much easier. Professional, approachable and knowledgeable, he takes the time to explain things clearly and provides confidence throughout the process.
Posted on Google Google
Yousef Al-Yasiri profile picture
Yousef Al-Yasiri
11 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Daniel and the team at Talon Legal were truthful, helpful, and left me feeling confident and how they handled my matter. Daniel understood my situation, left me assured, was realistic with me, provided me with the advice or course of action that best suits my sitiation. If I could choose again, I would choose Daniel and the team at Talon Legal with my eyes closed.
Posted on Google Google
Matthew Morgan profile picture
Matthew Morgan
11 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
You’d be hard pressed to find someone more knowledgeable than Dan, a lovely guy too.
Posted on Google Google
Jacob Marcer profile picture
Jacob Marcer
10 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Daniel at talon legal was by far the best lawyer I’ve had to deal with he was extremely helpful with explaining his processes and making me feel very comfortable Also achieving a great result on my case Couldn’t recommend Daniel more if I could give more stars I would Thanks again daniel
Posted on Google Google
Faros Omidvour profile picture
Faros Omidvour
10 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Talon Legal is an excellent law firm that I recpmmend without hesitation to anyone who needs responsive and considerate advice and representation.
Posted on Google Google
Egor Eremeev profile picture
Egor Eremeev
8 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I cannot recommend Talon Legal highly enough. From the very beginning, Daniel demonstrated exceptional professionalism, legal expertise, and genuine care for my situation. Daniel took the time to understand my circumstances, explained every step of the process in clear and practical terms, and was always available to answer questions. His attention to detail, strategic thinking, and calm approach gave me confidence throughout the entire matter. What stood out most was Daniel’s commitment to achieving the best outcome while making the process as smooth and stress-free as possible. It is rare to find a lawyer who combines technical expertise with such excellent client service. Thank you, Daniel, and the Talon Legal team for your outstanding support. I would highly recommend Talon Legal to anyone seeking professional, reliable, and results-driven legal representation.
Posted on Google Google
Kaedehara Kazuha profile picture
Kaedehara Kazuha
4 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We recently engaged Talon Legal to assist with drafting reseller agreements for our business, and the experience exceeded expectations. Dan took the time to understand our requirements, commercial objectives, and the practical realities of our industry before providing clear, strategic advice and a tailored solution. His attention to detail, commercial awareness, and ability to identify potential risks resulted in a comprehensive agreement that gave us confidence moving forward. What stood out most was the firm's proactive and innovative approach. Rather than relying on a standard template, Dan offered practical suggestions and considered scenarios we hadn't even thought of, helping create a robust and well-structured agreement. Talon Legal is a progressive firm with a fresh perspective and a strong understanding of commercial law. Professional, responsive, and easy to work with throughout the process. Highly recommended.
Posted on Google Google
Bec Chapman profile picture
Bec Chapman
22 May 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Talon Legal were exemplary in their service. Dan was concise, thorough and true to the plan. For a small NGO seeking legal advice I can highly recommend :)
Posted on True Local True Local
Hussar1522 profile picture
Hussar1522
29 October 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
One of the best lawyers in Adelaide My life was being ruined because of a court case that was not true, then it became worse when I have driving charge for driving disqualification and careless driving with an accident that I did not cause. This affect my business and the lawyers protected my business and my life and reputation. They make the charges go away and I get no conviction or criminal record, and do my business contracts terms and conditions perfectly. If you want lawyers that can help you many ways I suggest you go to Talon Legal. I think one of the best law firms in Adelaide for business and criminal and traffic.
Posted on True Local True Local
Oldpicker64 profile picture
Oldpicker64
17 August 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Saved me from jail for disqualified driving I can’t thank talon legal enough for what they did to help when I had magistrates court in port adelaide and Elizabeth, lost my licence because I was sick before and had to drive in emergency to help family but police didn’t care. Talon legal helped me with disqualified driving charges in court and saved me from going back to jail this was the one time I liked working with a lawyer. Recommend talon legal for any legal problem.
Posted on True Local True Local
J420 profile picture
J420
2 August 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best criminal lawyers! I hired talon legal to fight a criminal case for me and they got the charge dropped. Daniel was amazing in handling my case. He actually cared about my case and me as a person. I felt really supported and I am glad I got talon legal for my court case. Best criminal lawyers in Adelaide that I spoke to.
Posted on Trustindex Trustindex
James Aveno profile picture
James Aveno
2 August 2025
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Excellent business and startup lawyers Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy.
Posted on Word of mouth Word of mouth
James A profile picture
James A
2 August 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Excellent commercial and business lawyers! Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy. Approximate cost: $4500
Posted on Trustindex Trustindex
DP123 profile picture
DP123
12 July 2025
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Clear advice in a very stressful time I was in a very stressful situation and Talon Legal fixed my problem - now my stress is gone! Very professional, excellent communication, accessible and fast. Thank you for everything.
Posted on True Local True Local
Slavi77 profile picture
Slavi77
12 July 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
They won my hardship appeal Was about to lose my licence and Talon Legal got it back. Made a promise and kept it. This is what a lawyer should be like. Helped me with my driving disqualification and other driving offences. Very prepared and explaining things very good so I could understand them easily.
Posted on True Local True Local
Emir profile picture
Emir
2 July 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Very good criminal lawyer They were honest and did what they said they would do and told me what to expect it was like following a map and I felt safe because I know what to expect very happy with the experience Talon. If I need lawyer again I will come back.
Posted on Trustindex Trustindex
Samsun profile picture
Samsun
28 June 2025
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Got the best result for me Easy to deal with and spoke to me in normal English, explained everything really good to me, didn’t go over agreed budget to help with my case and communicated all the time with me, never kept me waiting and very responsive to my questions, had direct access to my lawyer anytime I needed. Got very good result for my case for drinking and driving, disqualified driving, demerit points and provisional driver licence condition
Posted on True Local True Local
Rogue33 profile picture
Rogue33
26 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Very good experience best money ever spent on a lawyer Professional, friendly and fixed fee service. I had some charges in court in Adelaide and Talon Legal completely picked apart the case against me. Charges were removed and I got my licence back too. Cant recommend them strongly enough. Really easy to work with and friendly. Thanks for wining my licence appeal and getting the drink driving charges removed.
Posted on True Local True Local
Riggo7 profile picture
Riggo7
24 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Saved my drivers license Can’t thank the team enough at Talon Legal for helping me keep my drivers license. They were very knowledgeable and took the time to explain everything to me every step of the way. If it wasn’t for their excellent representation in court I would have lost my license. They left no stone unturned. Highly recommend.
Posted on Word of mouth Word of mouth
Karen R. profile picture
Karen R.
24 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Best lawyers for traffic offences in adelaide Really appreciate Talon Legal’s help to keep my license, thank you so much to the team. Professional, responsive and compassionate service from everyone at the office and excellent outcome. Would definitely recommend. Approximate cost: $2800
Posted on Word of mouth Word of mouth
Les A. profile picture
Les A.
23 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Excellent traffic lawyers I owe them my life and job words are not enough to say how thankful i am for the help they gave me when i was going to lose the driver licence in magistrates court because of drink driving and drug driving. Approximate cost: $3000
Posted on True Local True Local
Jordan profile picture
Jordan
22 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best Lawyers! Absolutely first-class service from Talon Legal. I had a complicated traffic matter and wasn’t sure where to turn. From the first phone call, they were professional, understanding, and gave me clear advice without the legal jargon. On the day of court, they were calm and prepared and the result spoke for itself. I’m so grateful for their help and wouldn’t hesitate to recommend them to anyone needing help with a traffic offence.
Posted on Word of mouth Word of mouth
S A. profile picture
S A.
17 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Brilliant traffic lawyers in adelaide Helped me get my licence back in the magistrates court after I applied for a licence appeal because I breached my provisional conditions. Made it straightforward and helped me stay calm. Treated me like a normal person and was very compassionate. You saved my job legends Approximate cost: $1800
Posted on True Local True Local
SA profile picture
SA
16 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Successful drivers licence appeal! Made the process really easy for me to understand and helped me appeal my licence in the magistrates after it was disqualified for breaching a licence condition. Thank you legends, I would have been stuffed if I lost my licence without you guns!
Posted on True Local True Local
TK profile picture
TK
5 April 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best traffic lawyers in Adelaide I came across talon legal when I was looking for a law firm in Adelaide to represent me for traffic offences while visiting from overseas. They were very professional, fast, friendly and down to earth. Dan handled my mater and got me a very good outcome at a fixed cost.

Why are a song and a recording different rights?

Because the Act protects them separately. The song is a musical work, and its lyrics are a literary work. The copyright in each includes the exclusive rights to reproduce it, publish it, perform it in public, communicate it to the public and make an adaptation of it, which for music includes an arrangement (Copyright Act sections 31(1)(a) and 10(1), definition of adaptation). The recording is a sound recording, and its copyright is the exclusive right to copy it, cause it to be heard in public, communicate it to the public and rent it commercially (section 85(1)).

The two are usually owned by different people. A label commonly owns or controls the recording, and a publisher commonly holds or administers the song. An artist can sign one deal without the other, and each needs to be judged on its own terms.

Making a recording of a song is itself a reproduction of the song (section 21(1)). A cover version therefore involves the song’s copyright even though the recording is new. A cover released as a record for retail sale may fall within the statutory licence in section 55, which requires an earlier authorised retail record of the song, notice to the owner beforehand and payment of the prescribed royalty; that licence does not extend to a film soundtrack (section 54(3)).


Who owns a recording?

The maker, unless the recording was commissioned. For a recording other than a recording of a live performance, the maker is the person who owned the first record when it was produced (section 22(3)), and the maker owns the copyright (section 97(2)). A recording made for valuable consideration under an agreement belongs to the commissioning party unless they agree otherwise (section 97(3)).

Recordings of live performances are different. The performers are makers alongside the owner of the record (section 22(3A)), and the Act defines a live performance to include one given without an audience (section 22(7)). Where there is more than one owner of such a recording, they own it as tenants in common in equal shares (section 97(2A)). A performer employed under a contract of service is replaced by the employer as maker, and that rule can be varied by agreement (section 22(3B) and (3C)).

Two provisions soften the co-ownership rule. A performer who consented to a recording for a particular purpose is taken to have licensed its use for that purpose (section 113B), and a co-owner of a published recording who cannot find another owner after reasonable inquiries is taken to be licensed to do acts under an agreement, holding the other owner’s share on trust for 4 years (section 113C). Recording agreements should still deal with performer ownership expressly.


What does a recording agreement cover?

The recordings, the money and the term. A traditional royalty deal pays the artist a percentage of income after the label recoups agreed costs, while a profit share splits net receipts after agreed expenses. The commercial difference is large, and the definitions decide it: what is recoupable, what counts as an expense, and how income from streaming, sync and other uses is shared.

Ownership of the masters is the other central term. If the label is to own the recordings, the agreement must assign the copyright in writing (section 196(3)), and an assignment of recordings not yet made can be agreed in advance (section 197(1)). An artist should look closely at the term, the label’s options to extend it, minimum delivery commitments, approval rights over artwork and releases, accounting and audit, and what happens to the masters when the deal ends.

A music lawyer will also ask what the label actually commits to: release dates, marketing spend, and the artist’s right to terminate and recover the recordings if the label does nothing.


What does a publishing agreement cover?

The songs. A publishing deal assigns or licenses the songwriter’s copyright to a publisher in return for administration, promotion and usually an advance, with income split on agreed terms. An assignment of copyright must be in writing and signed (section 196(3)), and an exclusive licence must also be in writing, signed by or on behalf of the owner (section 10(1)).

The core issues are the term and how long the publisher keeps songs after it ends, the territory, which songs are included, the writer’s share of each income stream, recoupment of advances, the songwriter’s approval of uses such as advertising, and reversion of songs that are not exploited. Where the deal covers songs not yet written, the copyright vests in the publisher as each song is created (section 197(1)).


What about label, distribution and producer agreements?

They decide who controls the catalogue. Independent artists and labels often use distribution agreements with larger companies or digital aggregators, which should license rather than assign the recordings, for a defined term and territory. A small label entering an affiliate deal should keep ownership of its masters and the right to leave with them.

Producer agreements matter too. A record producer engaged by the artist is usually paid a fee and a royalty, and the agreement should confirm who owns the recording, deal with any performance by the producer on the track, and settle credit. Session musicians need a short release, discussed in our artist management and band agreements guide.


Do unfair contract terms rules protect artists?

Often, yes. 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 (ACL section 23(4)). An individual artist or a small label will usually meet that test.

An unfair term in a standard form consumer or small business contract is void (section 23(1)). Since 9 November 2023, making such a contract containing an unfair term the business proposed, 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 (section 24(1)). Examples include terms letting one party alone terminate, renew or vary the contract (section 25).

The rules apply only to standard form contracts, but a contract offered on the label’s form is presumed to be one unless the label proves otherwise (section 27(1)). For an artist, that is real leverage on a standard offer; for a label, it is a compliance issue in its template.


Can someone change or remix my song?

Not in a way that is prejudicial to you without your consent. A songwriter has a right of integrity, the right not to have the work subjected to derogatory treatment (section 195AI). For a musical or literary work, that means a material distortion, mutilation or material alteration, or anything else done in relation to the work, that is prejudicial to the author’s honour or reputation (section 195AJ). Performers have a corresponding right of integrity in their performances (section 195ALA).

In Perez v Fernandez [2012] FMCA 2, a DJ overlaid a promotional recording of an artist’s voice onto the artist’s song and streamed it, making it sound as though the artist was endorsing him ([64] to [65]). That infringed the copyright in the recording and the songwriter’s right of integrity ([66]), and the Court awarded $10,000 for the moral rights infringement (orders). Moral rights cannot be assigned (section 195AN(3)), so remix and edit permissions in a deal should take the form of a written consent (section 195AWA).


When does using another song infringe?

When a substantial part is taken. Doing an act in relation to a substantial part of a work counts as doing it to the work (section 14(1)). Substantiality depends much more on the quality than on the quantity of what is taken, and on its importance to the original work rather than to the new song (EMI Songs v Larrikin at [52] to [53]).

In the Down Under case, about five bars of a 93 bar song reproduced a substantial part of the melody of Kookaburra, even though the key, genre and structure were different and the borrowing was described as a tribute ([226]). Musical ideas and commonplace building blocks are not protected, but the specific phrases that express them can be ([97]). A writer who uses a sample or quotes a melody should clear it before release.


What about AI and new uses?

They should be dealt with expressly. Copyright needs human authorship: where a computer performs the functions of an author and the operator does not control the material form, copyright does not subsist (Telstra v Phone Directories at [118]). A track generated by software without a person directing its form may not be protected at all.

Training an AI system on recordings or songs generally involves copying them, and converting a work into digital form is a reproduction (section 21(1A)), as is copying a recording in digital form (section 21(6)). Recording and publishing agreements should say whether the label or publisher may license the catalogue for AI training or synthesis, and on what share.


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. An emerging artist is offered a standard publishing deal assigning all songs written over five years, with a one-sided right for the publisher to extend. A music lawyer negotiates a shorter term, a reversion of unexploited songs and the removal of the one-sided extension, with the unfair contract terms rules as leverage (ACL sections 23 and 25).

Middle range. An artist pays a producer to record an album, and the producer later claims to own the masters. A recording made for valuable consideration under an agreement belongs to the commissioning party unless agreed otherwise (Copyright Act section 97(3)), but the producer’s own performance on the tracks raises the live performance rules (section 22(3A)). A short written confirmation settles both.

Upper range. A label releases a single containing a recognisable melody from an older song without a licence, and the owner of the older song sues after the single charts. If a substantial part was taken, the release infringes (section 14(1); EMI Songs v Larrikin at [52] to [53]), and the label faces an injunction, damages or an account of profits (section 115(2)).


How we act on music deals

We act for artists, songwriters, producers and labels. For an artist or writer, the aim is a fair share, a defined term and a way to get the rights back. For a label or publisher, it is a template that is enforceable and survives the unfair contract terms rules.

StageWhat happensWhat we do
OfferA label or publisher sends terms.Explain what the deal does to ownership, income and control.
NegotiationThe terms are contested.Negotiate recoupment, term, options, reversion, approvals and AI uses.
SigningThe deal is finalised.Check the assignment or licence, performer and producer arrangements.
During the dealReleases, accounting and new uses.Review statements, audits and licence requests.
Exit or disputeThe deal ends or breaks down.Advise on termination, reversion and recovery of masters and songs.

We cannot promise an outcome, and no lawyer can. We can make sure you know exactly what you are giving up before you sign.

Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.


Music deal case law

EMI v Larrikin and Perez v Fernandez concerned music. JJ Richards concerned standard form terms in another industry, and Telstra v Phone Directories concerned computer-generated material.

CaseCourtPrinciplePinpoint
EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47Full Federal CourtSubstantial part judged by quality and by importance to the copyright work[52], [53], [97], [226]
Perez v Fernandez [2012] FMCA 2Federal Magistrates CourtAltering and streaming a song infringed the recording copyright and the songwriter's right of integrity[66], [84], [95]
ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224Federal CourtAutomatic renewal and unilateral price variation terms unfair and not transparent[56], [60]
Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149Full Federal CourtComputer-generated works need a human author[118], [169]

Case notes

EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47

The Full Court dismissed an appeal from findings that two recordings of “Down Under” reproduced a substantial part of the melody of “Kookaburra” (orders). Emmett J said substantiality depends much more on quality than on quantity, and on the importance of the part to the copyright work rather than to the new work ([52] to [53]), and that musical ideas are not protected though the phrases expressing them can be ([97]). Jagot J noted that only 5 of 93 bars were involved, in a different key and genre, but calling the borrowing a tribute did not change it ([226]).

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 and the songwriter’s right of integrity ([66]), found the alteration prejudicial to his honour and reputation ([84] to [88]), 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).

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. Options to extend a record or publishing deal at one party’s election raise the same questions.

Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149

The Full Court dismissed the appeal, so copyright did not subsist in the directories (orders). Perram J said that where a computer performs the functions ordinarily performed by human authors, and the operator does not control the material form, copyright does not subsist ([118]). Yates J treated originality as a question of fact and degree ([169]).


Frequently asked questions

What is the difference between a record deal and a publishing deal?

A record deal covers recordings; a publishing deal covers songs. They are separate copyrights with separate income (Copyright Act sections 31 and 85).

Who owns my masters?

It depends on who made or commissioned the recording and what the agreement says. A recording made under a paid agreement belongs to the commissioning party unless agreed otherwise, and a label can own it only by written assignment (sections 97(3) and 196(3)).

Do band members own the recordings they play on?

They may. For a recording of a live performance, including one without an audience, the performers are makers alongside the record owner and co-owners hold it in equal shares (sections 22(3A), 22(7) and 97(2A)).

What does recoupment mean?

The label recovers agreed costs from the artist’s share before paying royalties. What is recoupable is one of the most important terms to negotiate.

Can I get my songs back from a publisher?

It depends on the agreement’s term, reversion and termination terms. A music lawyer negotiates for a reversion of songs that are not exploited.

Are standard record deals subject to unfair contract terms laws?

Often. An unfair term in a standard form small business contract is void, and a contract offered on the label’s form is presumed to be standard form (ACL sections 23 and 27).

Can someone remix my song without permission?

Not lawfully without a licence, and an alteration prejudicial to the songwriter can infringe the right of integrity (sections 195AI and 195AJ; Perez v Fernandez at [66]).

How much of another song can I use?

There is no safe number of bars. Taking a substantial part infringes, and substantiality depends on quality and importance (section 14(1); EMI Songs v Larrikin at [52] to [53]).

Do I need a music lawyer?

Before signing a recording, publishing, label or distribution deal, yes. A music lawyer can show you what you are giving up and negotiate the terms that matter while the other side still wants to sign you. A free 30-minute consultation will tell you where you stand.


Talon Legal Insights

Access hundreds of legal precedents and templates.

When you partner with us, you also gain access to a vast repository of regularly updated and ever-expanding legal resources.