In this section a sound recording is the recording of:
Sound recordings includes vinyl, audio cassettes, plastic discs, reel to reel tapes, CDs, digital audio tape (DAT) and MP3 files and any other method for storing sounds.
It is important to note that there was no protection for sound recordings prior to 1 May 1969. Prior to 1 May 1969, protection was given to musical and literary works only.
Copying and communicating artistic works
In general, copyright in a sound recording will not be infringed if done:
See 1.11: Dealing with copying
See 1.14: Defences and exceptions to infringement: Fair dealing
The Copyright Act contains a number of free use exceptions and other matters which allow copyright material to be used without the permission of the copyright owner. The relevant free use exceptions are:
The copying of sound recordings for fair dealing purposes is free and does not require the permission of the copyright owner. The relevant fair dealing exceptions are:
See 1.14: Defences and exceptions to infringement: Fair Dealing
(i) Public performance of a sound recording in class
Copyright is not infringed by a teacher or student playing a sound recording while giving or receiving educational instruction in a class.
See 1.14: Defences: Fair Dealing - Performance of material in class
(ii) Public performance of sound recordings by non-profit institutions
The Copyright Act provides an exception which allows the public performance and communication to the public of sound recordings by non- profit educational institutions whose principal objects are charitable or in some way concerned with the advancement of religion, education or social welfare.
(iii) Copying sound recordings for preservation or archiving
Libraries are permitted to make a copy of a sound recording in their collection for the purpose of retaining it in their archives or for preservation/back up if a copy cannot be acquired within a reasonable time at an ordinary commercial price.
This licence covers the reproduction of AMCOS musical works and Australian Record Industry Association (ARIA) sound recordings by schools for non-commercial educational purposes.
All government schools and many non government schools are covered by this licence.
The licence allows schools to:
for the following purposes:
Copies of the recording may be distributed to the students or kept in the school archives as a record of the event. There is no limit on the number of copies that may be archived or distributed to students. However, the school is not permitted to charge students or parents more than the direct cost of making a reproduction of the audio or video recording.
