National Copyright

FAQs - Musical Works

	Question	Answer
3.1	What is AMCOS?	AMCOS administers and distributes royalties collected for 'mechanical' and 'reproduction' rights in musical works on behalf of its members, namely composers, writers and music publishers. Mechanical rights refer to when the musical work is reproduced in mechanical form, eg a sound recording. See 1.12: Collecting Societies Most schools are covered by a voluntary licence for the copying of sheet music with AMCOS. See Appendix D: AMCOS Licence
3.2	What can we copy under the AMCOS licence?	Choral Sheet Part or parts of an ensemble or orchestral work handwritten transcriptions handwritten transpositions separately published musical work collections of music or albums a song from a vocal score works that are unavailable for purchase
3.3	How many copies can be made from an original copy of print music?	There are different copying limits depending on: the type of music to be copied whether the copy is being made in a primary or secondary school the number of published originals of particular musical works that the school/staff member owns As a guide, the following copying limits apply: Primary schools - up to 30 copies of the whole or a part of a separately published work. Secondary schools - up to 15 copies of the whole or a part of a separately published work Choral sheets - up to 5 copies of the whole or a part Special permission must be obtained from the publisher or additional copies purchased if more than the permitted number is required. See Appendix D: AMCOS Licence
3.4	Does the original copy of print music need to be marked?	Yes. The original copy of print music must be marked with the following: the name of the educational institution for which the copies were made the date on which the copies were made the number of copies made from it
3.5	Do the copies of the original print music made under the AMCOS licence by the School need to be marked?	Yes. All copies made under the AMCOS licence must be marked with: the name of the educational institution the date on which the copy was made the words "AMCOS LICENSED COPY" the name of the teacher who owns the work (if the work is not owned by the educational institution)\ The original must also be marked "AMCOS LICENCE - COPIES MADE"
3.6	Who owns the copies of the original copy of print music?	AMCOS licensed copies of the original belong to the educational institution for which they were made, even if the copies were made from an original musical work owned by a staff member.
3.7	Can these copies be used by private music teachers where the tuition is on the school premises?	No, this is not permitted.
3.8	Can we loan these copies to another school?	No. They may not be lent to any other organisation, including other schools even if the original is owned by a staff member.
3.9	Can we loan copies to our own students?	Yes, copies belonging to a school can be loaned to students of that school if it is for an educational purpose.
3.10	Can we copy borrowed or hired music publications?	No.
3.11	Can we make an overhead transparency copy of a sheet music?	Yes. If copying by hand, this is permitted under the Copyright Act. If photocopying onto a transparency, this is covered by the AMCOS licence.
3.12	What are Grand Right works?	Grand Right works include: an opera, operetta, musical, play, ballet, revue or pantomime consisting of words and music written expressly for it. a large choral work of over 20 minutes duration, with or without instrumental accompaniment.
3.13	Are Grand Right works covered by the AMCOS licence?	No, Grand Right works are not covered by the AMCOS licence. You must seek the permission of the publisher.
3.14	What works are not covered by the AMCOS licence?	The AMCOS licence does not apply to: photocopied music (unless it is a replacement of a licensed copy) reference books music textbooks libretti 'entire' Grand Right works instrument method and music tutor books borrowed or hired music publications
^ Top of page
3.15	What is APRA?	APRA (Australasian Performing Right Association) is the collecting society which collects and distributes licence fees for the public performance and communication to the public of musical works and their lyrics on behalf of its members, namely composers, song writers, music publishers and other copyright owners. See 1.12: Collecting Societies See Appendix C: APRA Licence
3.16	Are we covered by an APRA licence?	Yes. All government schools and most non-government schools and TAFEs are covered by the APRA licence.
3.17	Can we play recorded music at school events or over the school's public amplifier system? Eg sports day, assemblies, concerts, discos, karaoke competitions?	Yes. The APRA licence covers all performances at the school or at functions connected with the school's activities.
3.18	Do we need permission from APRA for students to perform musical works at eisteddfods?	Yes, , eisteddfods are not covered by the APRA licence, but in practice the eisteddfod organisers will arrange this, not the participating schools. See 2.3: Musical Works
3.19	Can we use pre-recorded music in school performances and concerts?	Yes. The playing of pre-recorded music at a school event is covered by the APRA licence.
3.20	Can we perform a musical work for a school performance or concert?	Yes. The playing of a musical work at a school event is covered by the APRA licence. However, in order to perform a Grand Right Work (musical work performed in a theatrical context), permission must be obtained directly from the music publisher.
3.21	What is ARIA?	Australian Record Industry Association (ARIA) is a national industry association that represents the interests of the major and boutique record companies. See Appendix E: AMCOS/APRA/ARIA licence
3.22	Are we covered by the AMCOS/APRA/ARIA licence?	All primary and secondary government schools and many religious and independent schools are covered by the AMCOS/APRA/ARIA licence. The licence permits the making of audio and video recordings of musical works and dubbings of sound recordings for or of a school event or for educational instruction.
3.23	What works are not covered by the AMCOS/APRA/ARIA licence?	The AMCOS/APRA/ARIA licence does not apply to: performances of a Grand Right work or excerpts from that work performance of musical works and associated words composed for a ballet if that performance is accompanied by a visual representation of that ballet or excerpts of that ballet large Choral Works (over 20 minutes duration) or excerpts from that work musical work or excerpts of that work performed in a dramatic context, except where the performance is in accordance with any licence granted to the educational institution by APRA
3.24	Can we make a video recording of the school performance or concert for archival purposes?	Yes, provided that the recording is kept on school premises. See Appendix E: AMCOS/APRA/ARIA licence
3.25	Can we use music on a commemorative school video/ DVD ?	Yes, the AMCOS/ ARIA/ APRA licence permits this provided that the video/ DV will not be offered for sale/ or profit.
3.26	Are parents allowed to video a school concert, music festival or eisteddfod or any portion of such a performance?	Yes, the AMCOS/APRA/ARIA licence permits schools to allow parents to make recordings for private and domestic purposes. However, the school may choose not to permit this. Check with the school before making a recording.
3.27	Can we distribute or sell copies of the video to students and their families?	Yes, provided that the distribution is for free or only on a cost recovery basis.
3.28	Can we use music in a film or video production that is part of an educational course?	Depends If used by a teacher, the relevant copyright owners' (generally the publisher) permission is required in order to do this. A student may rely on the fair dealing exceptions (research or study / criticism or review). However, if the student wishes to show the production for a purpose other than the fair dealing purpose, the student will require the permission of the copyright owner.
3.29	Can we make back up or archival copies of records, cassettes or CDs for educational purposes?	No.
^ Top of page
3.30	Can we copy CD-Roms that incorporate music or sound recordings under the AMCOS/APRA/ARIA licence?	Yes, provided it is: for a school event; of a school event; or for educational instruction
3.31	Can we make copies of recorded music from vinyl, cassettes or CDs?	Yes, provided it is: for a school event; of a school event; or for educational instruction
3.32	Can we make copies of recorded music from MP3 files?	No, MP3 files are not covered by the AMCOS/APRA/ARIA licence and therefore cannot be reproduced.
3.33	Can students make their own recordings using sample of existing sound recordings?	Yes, this is likely to fall within the fair dealing exception (research and study). However, the copyright owner's permission will be required if the student wishes to play the sound recording for a purposes other than an educational purpose.
3.34	Do we need a student's permission to video record their performances in the classroom?	Yes, but you can obtain this verbally or imply it if the student is aware they are being recorded and continue to perform.
3.35	Do we need students' permission to video record their performances in school concerts, music festivals or eisteddfods?	Yes, but you can obtain this verbally or imply it if the student is aware they are being recorded and continue to perform.
3.36	Do we need to get permission from students to record their performance in a student film or video?	Yes, but you can obtain this verbally or imply it if the student is aware they are being recorded and continue to perform.
3.37	Can teachers and students perform work in class?	Yes, provided the performance is in the course of educational instruction in the presence of only the teacher and students from that class.
3.38	Do we need a student's permission to take photographs of their performances?	No
3.39	Are school concerts covered by the AMCOS/APRA/ARIA licence?	Yes, the APRA licence permits performance of musical works at a school concert, and the APRA/AMCOS/ARIA licence permits audio and video recordings of the performance. See Appendice C and Appendice E
3.40	Are Eisteddfods covered by the AMCOS/APRA/ARIA licence?	No. The eisteddfod organisers are responsible for arranging the licences for works to be used in the eisteddfod. See 2.3: Musical Works
3.41	Can we copy music tutor or instrument method books?	This is not covered by the AMCOS licence. However, you may copy up to 10% (reasonable portion) under the statutory licence.
3.42	Can we make a song booklet or music booklet for school purposes?	Yes, if each song was not separately published, reasonably available at an ordinary commercial price(??) and was copied under the Statutory Print licence.
3.43	My students have been asked to perform at the local multi-schools event, organised by our local MLA and to be held at the local performing arts centre. Tickets to gain entry are being sold to cover the cost of the venue. Is this performance covered?	No. The performance will be outside the terms of the APRA licence for two reasons: outside the schools premises; and admission fee is being charged
3.44	What sheet music is our school allowed to photocopy?	The AMCOS licence enables the school to make x copies of the original. Regardless of whether the music has been lost, stolen or otherwise destroyed, the school must not exceed the original number provided for under the licence.
3.45	Can the school copy a lost part by borrowing the original from another school ?	No, as in order to make copies, the school must own the original.
3.46	What is the correct procedure for the replacement of a music part that has been lost?	Confirm that the part is in fact lost. Copy the missing part Stamp the copy with the AMCOS licence Mark on the original that a copy has been made
3.47	What is the correct procedure for making copies of sheet music that is out of print.	Confirm with the publisher that the sheet music is actually out of print Make a note of that advice Copies can then be made under the AMCOS licence within the relevant limits of the licence without the requirement to own the original.

^ Top of page