APRAP WEB June 2005..

AUSTRALIAN NEWS…
US-AUSTRALIA FREE TRADE AGREEMENT (FTA)
INCREASES COPYRIGHT DURATION
From 1 January 2005, all musical works, lyrics and sound recordings
that are still in copyright on 1 January 2005 will benefit from an
extra 20 years protection in Australia. Therefore, the basic duration
for copyright works is until 70 years after the end of the year in
which the author died.
For example, if a composer died in 1954, copyright
on the works that were published during his or her
life will expire on 31 December 2004. Under the Act
there is no revival of copyright, so all works that fell
into the public domain on 31 December 2004 will
stay public domain.
If the work has not been published during the
lifetime of the author, the copyright protection applies
for 70 years from the first publication or broadcast
of the work. There are also different rules for works
first published anonymously or pseudonymously or
if it is made or first published by the government.
A song comprises a musical work and a separate literary work
(the lyrics). The duration of each component depends separately
on the life of the composer and the lyricist. Where a work is written
jointly, so that the contribution of each author cannot be separated
from that of the other, the death of the last (known) surviving author
is used to work out duration.
There is also a separate copyright in the sound recording of a
song, usually owned by a record company. Its duration is now 70
years after first publication of the sound recording. It is indefinite
if unpublished. Copyright in a sound recording first published in
1954 will have become public domain on 31 December 2004 (the
copyright in the underlying works on the record may still be
protected). There is no revival; therefore the 70 year
rule will only apply to sound recordings first published
in 1955 onwards. Interestingly, the duration of
copyright in sound recordings in the EU has remained
at 50 years from publication.
For print music, the separate copyright in the
typographical arrangement, the “published edition”
remains at 25 years after publication.
All these rules apply on a national treatment basis.
This means that works by authors from, or copyright
materials first published in, countries that are
signatories to the copyright conventions will benefit
from the new rules of duration. The old rules of life
plus 50 still apply in New Zealand and other APRA territories.
There are significant benefits in harmonising the term of copyright
protection with our major trading partners. Our rights will benefit
from extended protection in those countries and it will help users
here obtain clearances for use of copyright material internationally.
A detailed information sheet (G23), is available from the Copyright
Council’s website: www.copyright.org.au
Scot Morris, Director of International Relations, APRA
PHOTO: BRIDGET ELLIOT
MIA DYSON: 2004 PROFESSIONAL DEVELOPMENT
AWARD RECIPIENT
APRAP June 2005
12
“I arrived in Toronto at dusk, in the middle of the northern summer
of 2004, after six months planning for my first overseas ‘tour’. It
was a jumble of ideas and possibilities until I found out in January
2004 that APRA would support me with a Professional Development
Award, making the trip an exciting reality.
“I set out to play as many gigs as I could in the two weeks I was
there. I’d already been invited to play at the North by North East
music conference in Toronto and the Vancouver Island folk festival
but I’d made a lot more contacts via musicians and the internet
and so I performed at many open mic nights, supports for some
Canadian artists and even at a recording session for a group of
aspiring sound engineers. Through a chain of gigs that led me from
an open mic night to a support for a wonderful Toronto-based folk
singer to a rock gig at the El Macombo, I got to play on the same
stage where Stevie Ray Vaughn had made his landmark Live at the
El Macombo video many years earlier.
“In July I headed to London and straight up the M1 to the
Stockton Riverside festival, for my first experience of the English
countryside – foggy, windy, rainy (mid summer). They were a
couple of strange gigs and the locals didn’t know what to make of
this Australian roots singer (they laughed at the word roots…)
“The Edinburgh Festival had to be the most exciting part of the
trip. I had two dates at the stunning Spiegeltent plus a few promo
gigs on a huge open-air stage below the famous castle. The
atmosphere was incredible and the audiences there seemed to
embrace me more than in Stockton. I had a couple of showcase
gigs in London between shows so I spent a lot of time driving up
and down the M1. The showcase gigs did the job and I got to play
in front of some of the labels I’d been interested in and some folks
from the London music media.
“The PDA has given me a great start to setting up an international
career in music – it was an amazing experience to travel and perform
in new places. Arriving home I got stuck into work on my new
album. Titled Parking Lots, it has just been released in Australia
and due to the interest I received from some labels while showcasing
in London and Toronto, looks sets to be released overseas in 2006.
“Thank you APRA for your enormous support and
encouragement!”