Case study; rights under intellectual property law

(Property law)

Peter learned how to play a piano and organ to a very high standard while he was at school. After he started at University studying Law, he found relaxation playing keyboards with four other students with similar tastes in pop music, in effect making up a band. After a while they realised that they were getting on very well and entered a “Battle of the Bands” competition, which had as its prize a recording contract with a major recording label.
To their absolute amazement they won the competition, and were soon contracted to play at various venues and to record the promised album. Once this was complete they resumed their law studies, balancing the demands of studying with their newfound fame as pop musicians. They started making were receiving for the recordings they made together.
Over the years they managed this balancing very well, and became well known and in great demand to appear at festivals and on the TV. This continued well after their graduation and commencement of their various careers, which saw two of the band leave and be replaced by new musicians, all the time making sure that their “sound” never changed.
After twenty years, they decided to retire the band and enjoy the flow of royalties.
Thirty years after they started out, they were inducted into the Rock and Roll Hall of Fame and this kick-started an interest in their work from a whole new generation of fans, and they have now been asked to re-form and play at a series of festivals and tour overseas.
Alistair, one of the band’s new members was only hired three months ago to replace one of the original members unable to perform this time due to personal reasons. Unfortunately, Alistair is causing problems to the band’s “sound” and despite this being pointed out to him, he does not really “fit in”. As a result, the band decided not to included Alistair in their new touring plans, nor in any new recordings they may make.
Alistair has now threatened legal action through seeking an injunction aimed at preventing them undertaking the tour, on the basis as a member of the band he is entitled to be included in everything the band does, including touring and recording.
He is also threatening an application for damages and a share of all of the profits the band may make if they do go ahead with the tour and recordings.

Advise Peter on the rights he and the band have under intellectual property law.

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