Entertainment & Arts Law · Music & Live Music
Band agreements: income, rights and the name.
A band is a business, and without an agreement the law's default rules decide income, debts and the name. Here is what a band agreement should settle before success or a split.
By Aaron Kernaghan · Brady & Associates Lawyers · 13 September 2026
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.
A band agreement is the contract between the members of a musical group that sets out how the band works as a business: how income is split, who owns the songs and recordings, who owns the band name, and what happens when someone leaves. Without one, the law's default rules apply, and they are often not what the members expect.
In the absence of an agreement, a band usually operates as a partnership under state partnership legislation. That can mean income is shared equally and every member is jointly liable for the band's debts, regardless of who writes the songs or books the shows. Copyright in the songs belongs to the writers, which may be only some of the members. A written agreement replaces these defaults with terms the members actually choose.
Why a handshake is not enough
Bands begin as friendships and end as businesses. The time to agree the terms is early, while everyone is aligned, not after a hit or a falling out. A short written agreement prevents the most common and bitter disputes in music.
The partnership default
If members simply play together and share money without a written deal, the relationship is generally a partnership at law. Partnership rules can impose equal profit sharing and make each member personally liable for debts and contracts entered into by the others. Many bands are surprised to learn a departed member may still share in, or be liable for, decisions made without them.
Splitting income
Income comes from several sources: live fees, recording and streaming royalties, publishing royalties for the songwriters, and merchandise. A band agreement should set out how each stream is divided. Live and merchandise income might be shared evenly, while songwriting royalties follow the writers. Spelling this out avoids the assumption that everything is split equally.
Songwriting splits and copyright
Copyright in a song belongs to its writers. Where several members contribute, they can be joint owners, and each writer's share should be agreed and recorded, ideally at the time the song is written. Registering the splits with APRA AMCOS is how writers get paid their share of performance and reproduction royalties.
The band name
The band name is often the most valuable asset and the hardest to divide. The agreement should say who owns the name, who can use it if the band splits, and what happens if the core members leave. A name can be protected as a registered trade mark, and the goodwill in it can be dealt with in the agreement. Leaving this unresolved can mean two versions of the same band touring at once.
Leaving members and disputes
Set out what happens when a member leaves or is asked to leave: how their share of past and future income is treated, whether they keep any rights in the name and recordings, and how disputes are resolved. A fair exit mechanism, agreed in advance, is far cheaper than litigation later.
Frequently asked.
Do we really need a written band agreement?
It is strongly advisable. Without one, a band is usually treated as a partnership, with equal income sharing and joint liability for debts by default, which is often not what members intend.
Who owns the songs in a band?
The writers own the copyright in the songs. Where several members write together they can be joint owners. Performing a song does not, by itself, make a member a co-owner of the songwriting copyright.
Who owns the band name if we split up?
Whoever the agreement says. Without an agreement, ownership of the name and its goodwill can be unclear and heavily contested. A registered trade mark and a clear clause avoid two rival versions of the band.
How do songwriters actually get paid?
By registering their works and their agreed splits with APRA AMCOS, which collects and distributes performance and reproduction royalties. Correct splits, registered early, prevent disputes.
What happens to a member who leaves?
That should be set by the agreement: how their share of income is handled, whether they keep any rights in the name or recordings, and how disputes are resolved. Agreeing this in advance is far cheaper than a later fight.
If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.