Question
Jewel L1pa is a creative genius. Jewel L1pa has been working on writing and recording a new album and has asked some of her creative
Jewel L1pa is a creative genius. Jewel L1pa has been working on writing and recording a new album and has asked some of her creative friends to give her a hand. Jewel L1pa wrote 1 of the songs all by herself. However, the other four songs were collaborations or incorporated some existing material:
- a cover of the original 1957 version of Rockin' Robin by Bobby Day which also included a very short, 10 second sample of Michael Jackson's hit 1972 arrangement of the same song;
- a sample of a sound recording of Sydney Symphony performing Mozart's Symphony No. 31 (Paris). Recorded on Thursday 28 June 2012 at the Sydney Opera House, Concert Hall;
- a song that Jewel L1pa had written the lyrics for, but her friend Paty Kerry had written the composition for; and
- a song that Jewel L1pa wrote with 10 other friends and no one can remember exactly who contributed and wrote what parts (it was a bit of a boozy evening!).
Cray Z, Jewel L1pa's friend has offered to record the album in his home studio. Cray Z is an emerging sound producer and said he's happy to record and mix the album for free. Jewel L1pa's friend, Thunder, has offered to play the drums and Paty Kerry will contribute to the recordings as a backup singer. The rest of the instruments for the recording will be played by Jewel L1pa and Cray Z. The album is going to be launched at an exclusive 'listening party'. The invitation for the listening party will be designed by Jewel L1pa and will be based around a photograph that she found on a website. The website belongs to a photographer, Snap Fabulous, who mainly takes photos of families and pets. The photo pictures a family and the composition of it really plays up to the 'normcore' theme she is aiming for.
Jewel L1pa has organised for some of her dancer friends to do live interpretive dancing to some of the tracks during the party - except her friend, Halo, has promised to perform her signature dance routine - a 10 minute performance that she has choreographed. Thunder will play live drums during the event. Jewel L1pa is also thinking about projecting videos she has ripped from TikTok, onto the walls. Jewel L1pa has decided she will also get her friend HeyLo to film footage for the listening party, as she might like to live stream the listening party to her social media followers on the night or use it in a documentary film later down the track. HeyLo has also offered to take photographs during the listening party.
You are managing Jewel L1pa, and are studying law, so before she goes to a lawyer for legal advice, she would like you to give her a memorandum of advice to her which identifies the potential copyright issues that might emerge in relation to the various elements of this project by:
- identifying any copyright material and outlining who the potential owners of any copyright material would be and;
- identifying any permissions that may be required in order to use copyright material; and
- what agreements that Jewel L1pa should put in place with her collaborators to protect her rights and what these agreements should address
Australian intellectual property laws are to be applied, specifically copyright laws, to advise Jewel about the songs that may need approvals and licenses and what other laws are applicable to the question. Jewel needs advise for all the activities that were conducted by her.
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