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2.4 Sound Recordings

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  1. Other sound recording copyright issues

    Some common music issues for schools/TAFE institutes are:

    1. 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.

    2. 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.

    3. Using pre-recorded music in school performances and concerts

      The educational institution is covered by the AMCOS/APRA/ARIA Licence where it is educational institution:

      • 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
    4. Making an audio-visual 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.

    5. 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)
    6. 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 Education Licence A: Statutory Broadcast Licence

    7. Music on hold

      Music on hold is music played to a caller while they wait to be connected or transferred during a phone call. Educational institutions that use sound recordings for music on hold should either:

      • obtain a licence from where the music is published and owned by someone else
      • commission and record original music under a contractual arrangement with a composer which provides that the copyright in the music is assigned to the institution and is not subject to APRA rights.

      See FAQs: Musical Works and Sound Recordings

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