08 December 2025
If you’ve spent a Saturday night out in the city, chances are you’ve heard a cover band in full swing. The songs are familiar, the crowd’s singing along, and for a moment you could almost believe you’re watching the real thing.
Behind that good-time atmosphere, though, is a serious system at work. Venues pay licence fees to music rights agencies like APRA AMCOS or OneMusic in Australia and New Zealand. Those fees make sure the original songwriters and publishers get their fair share whenever someone performs their music.
That’s how the creators of your favourite songs still get paid — even when someone else is performing them.
Tribute Acts vs Cover Bands
For most cover bands, the rules are simple:
- Play the songs.
- Report what you played.
- Keep the royalties flowing.
But once a band moves beyond playing covers and starts calling itself a tribute act, things get trickier.
Tribute acts don’t just copy the sound — they copy the look, name, and brand identity of the original artist. Some are harmless fun; others walk a fine legal line. When a tribute act starts looking too much like the real thing, it can cross into the territory of intellectual property infringement.
The Legal Side: When the Music Stops
Original artists and bands don’t just own their songs — they also own their brand.
That brand is protected by trade mark law, which covers names, logos, designs, and imagery that identify them.
Even if a tribute act means well, using those elements without permission can lead to legal trouble. The key areas of risk include:
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Trade mark infringement: Using a name or logo that’s too close to the original act’s registered brand.
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Passing off: Creating the impression you are the original artist or that you’re officially endorsed.
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Misleading conduct: Under the Australian Consumer Law and New Zealand’s Fair Trading Act, suggesting a false connection with another brand or artist can be considered deceptive.
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Copyright infringement: Copying artwork, photographs, or costumes used by the original act can also breach copyright.
In short — it’s fine to honour the music, but not to impersonate the brand.
Famous Legal “Encore” Moments
A few real-world cases show how this plays out:
- ABBA MANIA – Faced a lawsuit from ABBA’s label for trade mark infringement and passing off. The case was settled after the tribute act added a disclaimer: “Abba Mania is not associated, affiliated, or endorsed by ABBA or Polar Music.”
- PEARL JAMM – A UK tribute act was challenged by Pearl Jam over name confusion. Even without proof of actual confusion, the name was deemed too close, and the tribute band rebranded to Legal Jam.
- EARTH, WIND & FIRE LEGACY REUNION – Promoted as a reunion but featured no key original members. The court ruled the marketing was misleading because it used the original band’s imagery and reputation.
These examples show that good intentions aren’t enough — if audiences are likely to think your tribute act is “official,” you could be off-key legally.
How to Stay in Tune
If you’re running a tribute act — or promoting one — here’s how to keep things harmonious:
- Don’t copy trade marks or logos. Avoid using distinctive names, designs, or fonts associated with the real artist.
- Skip words like “official” or “endorsed.” They imply a connection that doesn’t exist.
- Be transparent in your marketing. Make it clear you’re a tribute, not the real thing.
- Get permission if possible. Some acts license official tribute shows — like Queen Extravaganza or Elvis Evolution — through authorised channels.
If you’re on the other side — an original artist or rights holder — and believe a tribute act has gone too far, there are clear options to protect your brand and reputation.
The Final Note
Music may be universal, but intellectual property rights are not. Whether you’re paying tribute or protecting your legacy, getting the legal tune right can save a lot of noise later.
Protect your creative identity — or your business — with expert IP advice.
At IP Solved, we help artists, performers, and businesses secure, enforce, and license their intellectual property rights across Australia, New Zealand, and beyond.
Contact the IP Solved team to make sure your brand, performance, or creative project stays legally in tune.
Visit ipsolved.com to get started.
