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You are a recent Music Law Grad. You have decided to manage a band. This particular band is comprised of four members. Of the four members, typically, one of them writes and plays guitar the majority of the music, but the other members do contribute to the extent that a bass player and drummer contribute. The fourth member is a DJ, and he augments the sound by adding samples, etc.

The band members – not having attended Law School (or any other music business program) are not versed in any copyright law (or business practices, generally).

One day the band comes to you with a new composition. The band is very excited about this piece of music, as it is the first time they feel like they all collaborated. They are even more excited about it because the DJ has added a sample that, in the words of the band, “really gets people shaking their rump when they hear it.”

The band wants to immediately release this song. Not only do they want it available for download, but they also want it to be on all the streaming sites (Spotify, Apple Music, Tidal, as well as Pandora).

The band has been building a bit of a following, but haven’t really been able to break out of a pretty contained market. You go see the band at a club, and when they perform the song in question, the place goes nuts. The band is right, this is a great song, and could propel them to new heights.

The band is looking to you for advice. As bands are wont to do, they are already counting their money, and want to know how much they stand to receive from the exploitation of the song.

What do you tell them? In your answer, assume that these are smart people who appreciate references to cases, etc. Don’t dumb it down for them.

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Divya Singh
Divya SinghLv10
28 Sep 2019

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