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Australia’s creative industries are vibrant, diverse, and full of opportunity. From music venues and live performance spaces to TV production houses and online influencers, the entertainment sector continues to expand – and with it, the legal landscape grows more complex. If you’re running, or thinking of starting, an entertainment business in Australia, making sense of regulations like the Entertainment Industry Act is crucial.
The stakes are high: getting compliance right builds trust with artists, clients and audiences; getting it wrong can mean fines, lawsuits, or unhappy headlines. But you don’t have to go it alone. The good news is that with a clear plan and the right advice, you can set up your business for long-term success. In this guide, we’ll break down what the Entertainment Industry Act involves, how it fits into broader entertainment law, and what steps you can take to stay compliant – so you can focus on creating something great.
What Is The Entertainment Industry Act?
Let’s start at the beginning: the Entertainment Industry Act is state-based legislation designed to protect the rights of entertainment industry workers – especially performers, musicians, and crew. In New South Wales, for example, the Entertainment Industry Act 2013 (NSW) is the relevant law. Other states may have different (or no specific) legislation, but many entertainment businesses operate nationally or across borders, so it’s important to understand where these rules apply.
The Act regulates how performers and their representatives (such as managers and agents) operate. It sets minimum standards for contracts and payments, introduces rules for licensing agents, and aims to prevent exploitation and “creative accounting”. At its heart, the Entertainment Industry Act is about fairness, transparency, and making sure everyone gets paid what they’re owed.
But the Act is just one part of the bigger picture when it comes to entertainment law. Let’s look at the key areas you’ll need to be across.
Do I Need To Register My Entertainment Business?
Before you can even think about signing a contract or booking your first gig, you’ll need to pick a business structure and register your operation. Your entertainment business can be set up as any of the following:
- Sole Trader: The simplest structure, with you operating under your own name or a registered business name. Quick to set up but you’re personally liable for business debts.
- Partnership: Running the business with one or more others. Profits and risks are shared, and you need a Partnership Agreement to set the rules clearly.
- Company: A separate legal entity (registered through ASIC) that provides limited liability for its owners. This is common for production houses, agencies, or larger event promoters. Read more in our guide to incorporating your business.
Whichever route you go, you’ll generally need an Australian Business Number (ABN) and, if you’re running as a company, an Australian Company Number (ACN). You’ll also want to check if your business name is available and register it with ASIC.
What Are The Key Legal Requirements For Entertainment Businesses?
Launching an entertainment business isn’t just about creativity or technical skills – there’s a legal “to do” list, too. Here are the key areas you need to keep in mind:
Permits And Licenses
- Agent Licence: If you want to represent performers as an agent or manager in NSW, you must be licensed under the Entertainment Industry Act. Fines apply for operating without a licence.
- Liquor or Venue Licence: Running a performance venue, bar, or hosting live events with alcohol? You’ll need to comply with liquor licensing laws and potentially local council permits for noise, occupancy and zoning.
- Filming Permits: For shoots in public places, or using drones/certain equipment, council or state licenses may be required.
- Copyright Licences: Using pre-recorded music or scripts in shows might require you to secure a licence and pay royalties to collecting societies like APRA AMCOS.
It’s important to check requirements in the specific state or territory you’re operating in, as laws vary. When in doubt, a media lawyer can steer you straight.
Employment And Workplace Laws
- Fair Work Compliance: The entertainment industry is home to many freelancers and contractors, so the lines between employee and contractor can blur. Make sure contracts are clear, and that you comply with Australian Consumer Law and employment regulations.
- Workplace Safety: Live events, film shoots, and rehearsal spaces all carry risks. You must comply with Workplace Health & Safety (WHS) laws, conduct risk assessments, and provide a safe environment for staff and talent.
Consumer Law And Contracts
- Clear Terms: Whether it’s ticket sales, production services, or artist management, contracts must be fair, transparent, and in line with the Australian Consumer Law. Unfair terms (like excessive cancellation fees) can be voided by courts.
- Written Agreements: Protect all parties with clear, written contracts. For example, an Entertainment Agreement for hiring performers, or a Consulting Agreement for creative professionals.
Intellectual Property And Copyright
- Trade Marks: Protect your business name, logo, or event brand by registering a trade mark.
- Copyright: Ensure any original works (music, scripts, videos) are protected, and respect the rights of other creators. Infringing copyright by using someone else’s material without permission can be costly. See our guide to copyright in creative work for more.
Privacy and Data Protection
- If your business collects customer or audience information – for example, via online ticket sales or mailing lists – you’re likely covered by the Privacy Act 1988 (Cth). You’ll need an up-to-date Privacy Policy explaining how data is gathered and used.
Step-By-Step Guide To Setting Up Your Entertainment Business
- Do Your Research And Plan: Start with a solid business plan:
- Your niche: music, film, events, stage… or something new?
- Target audience and how you’ll reach them
- Required licences or registrations (state-by-state)
- Key partners (performers, venues, tech suppliers, etc.)
Taking the time to map this out gives you a roadmap and helps sidestep legal and commercial obstacles.
- Register Your Structure And Get ABN:
- Decide on your business structure (sole trader, company, etc.)
- Register for an ABN and business name
- If incorporating, register with ASIC and understand director’s duties
Learn more in our full guide to registering an ABN.
- Secure The Right Licences And Permits:
- Check what licences your state requires under the Entertainment Industry Act
- Get licensed as an agent or manager if representing talent
- Apply for necessary venue, liquor, or noise permits as needed
- Register with APRA AMCOS if using music in public or online performances
- Draft And Review Legal Documents:
- Prepare contracts for artists, staff, and partners
- Have clear customer Terms & Conditions (especially for events or ticketed services)
- Set up privacy and copyright policies
- Consult a media lawyer for help with complex or high-value deals
- Set Up Business Operations:
- Organise accounting and record-keeping
- Obtain business insurance (e.g. public liability, equipment, business interruption)
- Get your online presence (website, social media) ready and compliant
- Ongoing Compliance And Reporting:
- Renew licences and permits as needed
- Keep contracts and agreements up to date
- Monitor workplace health and safety
- Maintain tax and regulatory compliance
Each of these steps keeps your entertainment business on the right side of the law – and positions you for sustainable growth.
What Legal Documents Will I Need?
The right paperwork keeps everyone – talent, customers, and your business – protected. Here’s a typical legal “starter pack” for entertainment industry businesses:
- Entertainment Agency Agreement: Outlines your responsibilities (as an agent or manager) and the share of fees, as required by the Entertainment Industry Act.
- Performer Agreement: Sets fees, rights, conditions, and cancellation policies for booking talent.
- Venue or Supplier Agreements: Terms for venue hire, sound and lighting contractors, etc.
- Customer Terms & Conditions: Outlines refund policies, conduct expectations, and ticket terms for your audience or clients. Read more on online terms and conditions.
- Copyright License or Assignment: Documents ownership of any original works or performances created. See: Understanding copyright in digital works.
- Privacy Policy: Explains how you collect, store, and use customer or performer data. Essential for ticket sales, mailing lists, or any personal information – see our guide on Privacy Policies.
- Employment Contracts: Clearly define roles and expectations if hiring staff, even for short-term projects or events. Our employment contract template guide can help.
- Non-Disclosure Agreement (NDA): If you’ll be discussing confidential concepts (e.g. script ideas, show designs) with partners.
- Shareholders Agreement: If you’re starting a company with more than one owner, agree early on decision-making, funding, and ownership issues.
Not every business will need every document listed, but many will require several. Tailoring these contracts to your actual business model is essential. A lawyer specialising in entertainment law can ensure they’re done right.
What Are Some Common Compliance Pitfalls?
Even experienced entertainment operators can slip up when it comes to compliance. Don’t let these tripwires catch you out:
- Unlicensed Activity: Acting as an agent without a licence, especially in NSW.
- No Written Contracts: Operating on a handshake leaves everyone exposed if there’s later confusion.
- Poor Record-Keeping: Not tracking ticket sales, performance fees, or licence renewals can cause financial and legal headaches.
- Ignoring Workplace Safety: Not having the proper WHS policies in place for venues or productions risks accidents, claims, and fines.
- Copyright Infringements: Using copyrighted music, images, or scripts without permission can mean hefty penalties or bad publicity.
- Privacy Breaches: Collecting emails or phone numbers without a compliant Privacy Policy leaves you open to penalties and trust issues with your audience.
The easiest way to stay compliant is to develop a legal “health check” routine and seek advice before launching major projects or signing new deals. You can book a Legal Health Check with Sprintlaw for a tailored review.
Are There Alternatives – Like Buying An Existing Business Or Agency?
Some entrepreneurs buy into an existing agency or venue rather than starting from scratch. This can fast-track operations but comes with its own legal due diligence:
- Business Sale Agreements: Check what you’re actually buying – registrations, licences, existing contracts, debts, or intellectual property rights.
- Franchise Disclosure: If buying into an entertainment brand or franchise, make sure you review the Franchising Code of Conduct requirements and get support reviewing contracts.
Buying an existing business doesn’t exempt you from compliance – you’re still responsible for making sure everything (and everyone) is operating legally.
Key Takeaways
- The Entertainment Industry Act sets out key rules for agents, performers, venues, and other entertainment businesses – especially in New South Wales.
- Register your business structure correctly, get the right licences, and have clear written contracts to manage key relationships.
- Stay on top of employment law, consumer law, intellectual property, and privacy rules – these apply to almost every entertainment business.
- Don’t neglect workplace safety, fair pay, and copyright compliance – these are hot spots for legal risk in the industry.
- Consulting an entertainment law specialist or media lawyer can help your business avoid pitfalls, draft the right documents, and stay compliant as you grow.
- Whether launching or buying an entertainment business, due diligence and proactive compliance are essential for peace of mind and long-term success.
If you would like a consultation on starting or running an entertainment industry business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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