Musical band members often marginalize the issue of a legal form of their artistic business activity. Usually their artistic activity is based on civil law contracts, which only regulate external relations of the band. Musical bands tend not to enter into agreements which would regulate their internal relations e.g. contract duration, manner of dissolution of the band, shares of respective band members in profits and losses or band name related issues. Thus, when the band or any of its members want to cease their business cooperation, they may face serious problems. The question, therefore, arises what terms and conditions shall apply to a quitting band member? To avoid such dilemmas, it is to the benefit of the band members to regulate their internal relations adopting a respective legal form of their business activity.
It can, for instance, be a civil law partnership. According to article 860 § 1 of the Civil Code, by concluding a civil law partnership agreement, the partners undertake to act in a specified manner to achieve a joint economic goal, in particular, by making contributions. Business activity of a musical band may be classified as music and artist services; therefore, entering into a civil law partnership agreement will enable the band members to regulate their mutual relations in order to secure the on-going business of the band should any of its members leave.
Author: Paulina Żołnierek-Płotek