In this section, musical works refers to:
Music usually involves more than one copyright work such as:
There are separate copyrights in:
It is important to remember the different periods of copyright protection for works or other subject matter for:
Types of works |
Period of Protection |
|---|---|
Literary and musical works |
Lifetime of author plus 50 years |
Sound recordings |
50 years from year end work first published |
Published edition |
25 years from year end work first published |
Also note that the period of protection has been extended from 1 January 2005
See also 1.8: How long does it last?
Copying and communicating musical works
In general, copyright in a musical work will not be infringed where the copy or communication of the musical work is done:
See 1.11: Dealing with copyright
See 1.14: Defences and exceptions to infringement
(a) Free use exceptions
The Copyright Act has a number of free use exceptions.
Fair Dealing
The copying of musical works for fair dealing purposes is free and does not require the permission of the copyright owner. The relevant fair dealing exceptions are:
- research or study
- criticism or review
- reporting the news
Making multiple copies for class
Fair dealing for research or study does not cover multiple copying by teachers of sheet music for its students for use in a course of study. Copying sheet music may only be done:
- with the permission of the copyright owner;
- under the Statutory Print Licence; or
- under a voluntary licence administered by the relevant collecting society
See Appendix C: APRA Licence
See Appendix D: AMCOS Licence
See Appendix E: AMCOS/APRA/ARIA Licence(b) Other statutory exceptions
(i) Reading and performing a musical work during class
Copyright is not infringed by a teacher or student performing, reading or reciting a musical work while giving or receiving educational instruction in a class.
(ii) Copying by hand
(iii) Copying for examsSee 1.14: Defences and exceptions to infringement
(c) Voluntary licences for the copying of musical works
A number of voluntary licences are in place for certain copying of musical works. The relevant licences are set out in Appendices C, D and E.
As a general guide, the following table sets out the relevant collection society in relation to a particular use of a musical work.
APRA School Licence
The performance of a musical work in class or as part of a course of educational instruction does not infringe the copyright owner's right to perform the work in public.
For any public performance of a musical work outside the classroom, the educational institution will need to rely on the APRA schools licence.
The APRA schools licence also permits the public performance of musical works contained in sound recordings such as playing CDs. However, a PPCA licence may also be required depending on the nature of the performance (see below).
AMCOS Licence
Most educational institutions in all states and territories are covered by the AMCOS licence which allows educational institutions to photocopy or transcribe an entire copy of print music (known as sheet music).
The licence is subject to the following conditions:
- the original print work must have been purchased by or bequeathed to the educational institution
- copying must be done within the permitted limits
- the original print must be marked in accordance with the AMCOS Licence
- the copies must be marked in accordance with the AMCOS licence
The AMCOS licence allows copies of print music to be made only for the educational institution's educational purposes, which include:
- use in a specific course of education provided by the educational institution
- performances organised by the educational institution
- use by the orchestra, choir, band, instrumental or vocal ensemble of the educational institution
AMCOS/APRA/ARIA Licence
There is an agreement between AMCOS, APRA and ARIA with all government schools and many non-government schools which permits:
- the recording of music and sound recordings for use in concerts and other school events for educational purposes
- the recording and videotaping of music and sound recordings for archival purposes
- the distribution and lending of recordings of school events to students and parents for free or on a cost recovery basis
See Appendix E: AMCOS/APRA/ARIA Licence
PPCA Licence
The PPCA (Phonographic Performance Company of Australia Limited) grants licences on behalf of its members (namely record labels, recording artists, and other copyright owners of sound recordings) for the playing of sound recordings in public and to show music videos in public.
The PPCA does not require schools to have a licence for the performance of sound recordings (such as playing CDs) if the performance is part of the school's ordinary activities, such as part of a music or drama lesson.
A licence is likely to be required however, where the performance of a recording is done in a venue which is open to the public and an admission fee is charged.
AMCOS Special Event Video Licence
The AMCOS special event licence covers videotaping of music and lyrics. It does not cover Grand Right works or Rock eisteddfods.
(d) Other issues of music copyright
Rock Eisteddfods
The rock eisteddfod organisers, not the participating schools, are responsible for obtaining the relevant licences from APRA. Usually the conditions of the competition require the school to provide the details of the works they wish to perform to the competition organisers. To avoid disappointment schools should be organised well in advance, so that if for any reason permission to perform the work is denied, the school still has time to prepare a new piece.
Making a video of a musical work or incorporating music as a soundtrack in a student film
Students may rely on the defence of fair dealing for research or study if incorporating music into a video or film provided that:
- the film or video is made as part of a course of study
- the use is fair
However, if the film or video is shown outside the classroom, the institution and/or student will need to get permission (a licence) from the copyright owner of the musical work and sound recording.
Using pre-recorded music in school performances and concerts
Where an educational institution is:
- using pre-recorded music as a backing tape to a performance or concert
- using pre-recorded music as an accompaniment to a performance or concert
the educational institution is covered by the AMCOS/APRA/ARIA Licence.
Making a video ?? recording of a school concert or performance for distribution or sale
Where an educational institution wishes to make a video recording of a school concert or performance and to sell the recording to its students and parents for a profit, it must obtain a licence from AMCOS.
The AMCOS licence will set out the royalty rate payable and the number of units that can be made and sold by the educational institution.
Performance rights and grand rights works
The performance of any musical work in a theatrical context is a Grand Right work.
Grand Right Worksinclude vocal or other scores from musicals, operas, operettas, music theatre works, ballets, pantomimes and stage shows and large choral works (longer than 20 minutes duration).
Neither AMCOS nor APRA administer the rights on behalf of the copyright owners of Grant Right works. Permission must be obtained from the music publisher.
AMCOS may be able to assist in locating the publisher. In Australia, Hal Leonard Australia Pty Limited and Dominie Pty Limited are the main publishers of Grand Right works.
Arranging or adapting a musical work
In general, the making of an arrangement or adaptation of a musical work requires permission from the copyright owner of the musical work.
It is arguable that an educational institution may make slight alterations to a musical work under the AMCOS licence in the following situations:
- simplifying the work where the students' musical abilities are limited
- altering the work where a particular instrument is not available and another is being used as a replacement
If the treatment is a major arrangement of the work, permission should be sought from the copyright owner or publisher. Some judgement will need to be exercised.
Using music in a video or film production or other multimedia work
Where an educational institution wishes to include published music on the soundtrack of a film or video or other multimedia work, it will need to get permission (a licence) from the copyright owner of:
- the musical work (the composer or their music publisher)
- the lyrics (if any) (music publisher)
- the sound recording (the record company)
Copying musical works from television and radio
Under the Statutory Broadcast Licence administered by Screenrights, educational institutions may make copies of television and radio broadcasts for educational purposes, including their inclusion in the institutions library collection provided certain requirements are met.
See Appendix A: Statutory Broadcast Licence
Cover versions of released music
The Copyright Act allows cover versions of musical works to be recorded for musical works for retail sale. This licence does not extend to cover versions of musical works in film.
The effect of the compulsory licence is that these rights may be exercised without the copyright owners’ permission, provided:
- once the musical work has been made or imported into Australia for sale
- the prescribed notice of intention has been given to the copyright owner
- the prescribed royalty is paid to the copyright owner
This may be relied on by educational institutions wishing to make and sell CDs of school bands performing cover versions.
