National Copyright

FAQs - Sound Recordings

 

Question

Answer

4.1

What is a sound recording?

It is the actual recording of a particular performance of a song, sound, noise or recitation of other works.

 

4.2

What does it include?

A CD, digital audio tape, MP3 files, vinyl or any other method for storing sounds.

4.3

Can I play a sound recording in class?

Yes, provided it is the course of instruction.

4.4

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.

Most schools are covered by a voluntary licence for the copying of sheet music with AMCOS.

See 1.12: Collecting Societies
Appendix D: AMCOS Licence

4.5

What is ARIA?

Australian Record Industry Association (ARIA) is a national industry association that represents the interests of record companies.

www.aria.com.au

4.6

What is APRA?

APRA 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.

APRA offers blanket and per usage licences for the use of those rights.

See 1.12: Collecting Societies
Appendix C: APRA Licence

4.7

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.

See Appendix E: APRA/ AMCOS / ARIA Licence

4.8

Can we make back up or archival copies of records, cassettes or CDs for educational purposes?

No.

4.9

Can we make copies of CD-Roms that incorporate music or sound recordings under the AMCOS/APRA/ARIA licence?

Yes, provided that the copy is:

  • for a school event;
  • of a school event; or
  • for educational instruction

4.10

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

4.11

Can we make copies of recorded music from MP3 files?

No, MP3 files are not covered by this licence and therefore cannot be reproduced.

4.12

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.

See Appendix C: APRA Licence

4.13

Can students play a sound recording to the class that they bought from home?

Yes, provided it is part of educational instruction.

4.14

Can students make their own recordings using sample of existing sound recordings?

Yes, but only if it is done for an educational purpose will .

To play or copy the recording for a purpose other than an educational purpose, the student will need the copyright owner's permission.

4.15

What is the PPCA?

  • 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.

See 1.12: Collecting Societies

4.16

Do we have special licences with PPCA?

No. The PPCA ordinarily will not require schools to have a licence to perform sound recordings (such as playing a CD).

In most cases, the performance of a sound recording in connection with a school's activities will be covered by an exception under the Copyright Act.

4.17

What must I do if a sound recording is used on the commemorative school video or DVD?

The following notice should be palced on the video/DVD:

“This recording has been made under a licence from AMCOS and ARIA for educational purposes only and include the following:

the title of a musical work;

  • the name of composer and arranger of the musical work; and
  • if there is an ARIA sound recording the artist/ group name, and the record company label.

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