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Four individuals form a rock band. There are the two guitarists who also sing (Jay on rhythm and Sally on lead), a bass player (Bradley) and a drummer (Rayshon). They practice and want to play at bars, fairs, and weddings. After they have practiced their songs, they set up their website for the band named Mojo Riders with information on the band and a contact for the band through the rhythm guitarist, Jay. The band buys group gear and makes several bookings (including playing at bars, private parties, and several weddings a year later). The band equally splits the proceeds from playing cover songs by famous artist at bars and private parties. Just before the first wedding event they are supposed to play at, the band breaks up with Sally leaving. The band is unable to get another female lead guitarist/singer and cancels the weddings, special events and bar events booked. Three of the weddings try to get alternative bands. One can get another band at a cost of $20,000 more. The other two weddings must cancel and reschedule the weddings losing all their wedding deposits totaling $40,000 and $50,000, respectively. The brides and grooms of the weddings sue the band and its individual members for their losses. In addition, ASCAP (American Society of Composers, Artists and Publishers) pursues the band and its members for playing famous artists’ songs at bars and special events without a license to perform those songs. Please discuss the liability of band and the four band members to the couples and ASCAP and whether there was anything they could have done to avoid or limit that liability.
