Music Copyright Guide for Eisteddfods - APRA

Music Copyright
Guide for Eisteddfods
A PRACTICAL COPYRIGHT GUIDE TO USING MUSIC TO ITS FULL POTENTIAL
schools@apra.com.au
(02) 9935 7900

Introduction
There are hundreds of eisteddfods, exams and competitions
in Australia that offer valuable opportunities to competitors
in numerous fields, including music, speech, drama, dance
and ballet.
It is important for both competitors and organisers to keep
in mind their copyright obligations when it comes to the use
of music at these events.
There are lots of issues to think about when it comes to
copyright. This guide seeks to clarify these issues and to
provide insight into some of the questions that arise when
it comes to the public performance of copyright works in an
eisteddfod, exam or competition circumstance.
What is Copyright?
Copyright law in Australia is federal law, established by the Australian
parliament. It protects literary, dramatic, musical and artistic works,
as well as subject matter such as recordings and published editions,
giving a number of rights to creators as dictated by the Copyright Act
(1968) which was amended in 2006. These rights include the right to:
• Reproduce the work;
• Publish the work;
• Communicate the work;
• Publicly perform the work; and
• Adapt the work.
If you want to use a copyright protected work in any of these ways,
you need to have the permission of the copyright owner.
Contents
Introduction 2
What is Copyright? 2
How Long Does
Copyright Last? 2
Information for
Organisers 3
Licensing Required 3
Making Recordings 4
Supplying
Photocopies 4
Information for
Competitors 4
Speech, Drama, Ballet
and Dance 5
Filling in the Forms 6
Publishers and their
Subpublishers who
Agree to the
Principles in this
Guide 7
Contacting Us 11
Other Useful
Contacts 11
How Long Does
Copyright Last?
According to the Copyright Act, a work is in copyright from the
moment it is written down or recorded until 70 years after the death
of the creator of that work. Before 2005, the duration of copyright
was from the moment it was committed to paper or recorded, plus 50
years from the composer’s death. Works that went out of copyright
under this 50 year duration, such as those by Bela Bartok, remained
out of copyright when the law changed, even though he died in 1945.
Arrangements of works are protected by this same duration. Published
editions, however, are protected for 25 years from the date of
publication. This means that a recent publication of a work may be
protected even though the work it contains is out of copyright (in the
public domain).
A sound recording is protected for 70 years from the end of the year
in which it was published.
Copyright in a
musical work
lasts for 70 years
from the death
of the composer.
Copyright in a
published edition
lasts for 25 from
publication date.
2

Information for
Organisers
Licensing Required
As an eisteddfod organiser, it is imperative that you are aware of your
copyright obligations in order to reduce the potential liability for a
breach of copyright. There are two ways organisers could be in breach
of copyright. Firstly, there are direct breaches, for example reproducing
copyright material without the relevant licence or permissions. The
second is authorising infringements by others, for example, allowing
competitors to make infringing copies of music.
Therefore, there are three main licences that organisers should be taking
out.
Australasian Performing Right Association (APRA) Licence – For public
performance of copyright musical works.
Phonographic Performance Company of Australia (PPCA) Licence – For public
performance of copyright sound recordings.
Copyright Agency Limited (CAL) Licence – For photocopying or reproducing
copyright material (excluding musical works).
Most eisteddfods and competitions need an APRA and PPCA licence.
When playing a sound recording, there are two elements of copyright,
that of the recording itself, and of the musical work on the recording. So
if you take out a PPCA licence to play a sound recording, you have to
have an APRA licence to cover the musical work itself.
The CAL licence is offered as an Association Licence which allows
organisers to photocopy or reprint copyright literary, dramatic or artistic
works but not musical works (for which you need to get permission
directly from the copyright owner). It is only offered to non-profit
organisations and covers paper-based copying only, not digital copying.
For more information, contact CAL at www.copyright.com.au
None of these licences cover works performed in a Dramatic Context
(i.e. works using costumes, sets, dancing etc.) or Grand Right Works, and
it is always the responsibility of the event organisers to get licensing
and relevant permissions for these uses.
Similarly, none of these licences cover the photocopying of musical
works. To be able to do this, you need to get permission from the
copyright owner.
Organisers need to
protect themselves
against both direct
breaches and
indirect breaches.
It is the
responsibility of
the authorising
organiser to ensure
licences are in
place.
Some venues have
APRA and PPCA
licences but you
shouldn’t assume
they will cover
you. Always check
the terms of your
agreement when
hiring a venue.
The CAL Licence
won’t cover the
copying of musical
works, for which
you will need
direct publisher
permission.
To get permission from the copyright owner of a musical work,
you will usually need to contact a publisher. If you are not sure
who to contact, send an email containg the composer, lyricist,
arranger and title details to print@apra.com.au and we will put
you in touch.
3

Making Recordings
If you want to make a recording of an event, whether it is audio or
audio-visual, you need a licence to do so. It is the responsibility of the
organisation authorising the recording to ensure that are covered by the
necessary licence.
If you are making an audio recording only, you need an Audio
Manufacture Licence from AMCOS’ Recorded Music Services Department
(mechlic@apra.com.au).
If you are making an audio-visual recording, you must have permission
for what is called the synchronisation right. Contact Recorded Music
Services (mechres@apra.com.au) for more information.
The Audio
Manufacture
Licence ensures
that royalties are
paid to copyright
owners for the use
of their work.
Please be aware that making any recording, audio or visual, requires
the consent of those performing.
Supplying Photocopies
To be able to supply photocopies of any copyright musical work to
competitors, you need to have prior permission from the copyright
owner to do so. It is therefore always advisable to check the availability
of any set works before confirming them to ensure that you don’t need
to photocopy any print music.
Information for
Competitors
As a competitor, while you don’t need to worry about obtaining public
performance licences, there are many issues for you to be aware of
when it comes to copyright. It is your obligation to be sure that you are
not infringing copyright in any way as this makes not only yourself liable,
but also the event organisers.
Some issues to be aware of are listed below.
Photocopying Music
As it is noted above, if you want to photocopy copyright music, you
need to have permission from the copyright owner to do so. It is your
responsibility to clear this copyright and it can take up to eight weeks,
so don’t leave it until the last minute, and be sure to pick your works
wisely so you can buy originals where possible.
There are some instances when copyright owners – who are usually
publishers – have allowed very limited photocopying when it comes to
eisteddfods, exams and competitions. These are:
1. For an accompanist copy in an eisteddfod, competition or exam (see
form number five).
2. For an adjudicator or examiner copy in an eisteddfod, competition or
exam (see form number two).
To photocopy,
change lyrics,
arrange or adapt
copyright music
in any way, you
need to have the
permission of the
copyright owner.
Public domain
works do not
require permission.
4

3. If you own an AMCOS original and you need to make a copy to avoid difficult page turns,
you may do this as long as you use the copy in conjunction with the original (i.e. sticky-tape
the copy onto the original).
4. If you are vision impaired, and own the original AMCOS work, you can enlarge it for domestic
and personal use only – not for use in competitions or performances.
Other than under these exemptions, you must get permission to make any photocopies of any
copyright musical works.
Changing Lyrics
Under no circumstances are you able to change the lyrics of a copyright work. Copyright
owners retain this right exclusively and if you want to do it, you have to get their permission.
Making Arrangements
Similarly, you are not able to make an arrangement of a copyright work without publisher
permission. If you make an arrangement, you must provide a letter detailing the permissions
you have been granted from the publisher to the event organisers.
Families Making Audio or Audio-Visual Recordings
If a member of your family is performing a copyright work in an eisteddfod or competition and
you want to record it, you need permission from the performer to do so, and you must also
have a licence from AMCOS.
For audio recordings only, you need a Casual Blanket Licence, and for audio-visual you will
need a Domestic Video Licence. Both of these can be obtained from our Recorded Music
Services Department at mechlic@apra.com.au
Please note that AMCOS is unable to license the recording of Grand Right Works or works
performed in a Dramatic Context. You need to get permission from the copyright owner to be
able to record these kinds of performances.
Speech, Drama, Ballet and Dance
Making a Photocopy
If the event you are performing in has a CAL Licence, you may be able to make a copy of a
literary, artistic or dramatic work if the work is part of CAL’s repertoire. For more information
visit CAL’s website, www.copyright.com.au, or contact the event organisers.
Performing Excerpts of Literary or Dramatic Works
If you perform a reasonable portion of a literary or dramatic work, for example reading from a
poem, novel or play, you will be covered by Section 45 of the Copyright Act to do so without
further licensing. You must acknowledge the copyright owner of the work.
Ballet and Dance Schools
Some ballet and dance schools may have an AMCOS/ARIA licence that allows them to make
recordings or compilation CDs for ease of cuing and backing tracks. For more information
on this licence and whether it will cover you for this performance, see our website or email
nonretlic@apra.com.au
5

Filling in the Forms
We have five forms that you may need to fill in when entering an
eisteddfod, exam or competition. All of these forms can be found on our
website.
Form Number One:
Performers’ Declaration Form for Eisteddfods and Music
Competitions
This is the form you need to fill out every time you enter an eisteddfod
or competition to certify that you are either performing from original scores or from a licensed
photocopy, arrangement or transcription. If you are performing from a photocopy, arrangement
or transcription, you will need a letter from the publisher confirming that they have licensed the
sheet music, unless it is a public domain work.
Form Number Two:
Temporary Copy for Use by an Adjudicator in an Eisteddfod/Music Competition.
This is the form you fill out if the adjudicator of your eisteddfod or competition requires a
photocopy of your music to follow along with while you play. You are permitted to make one
photocopy for each adjudicator (and no more than one per adjudicator) and you need to
attach this form to every copy. The organisers are not permitted to give copies back to you and
must destroy them once your section is finished.
Form Number Three:
Temporary Copy for Use by an Examiner
You must fill in
Form Number One
every time you
enter an eisteddfod
or competition to
declare what kind of
sheet music you are
performing from.
You should fill in this form if you need to make a copy of your music for an examiner to follow
along with in an exam. For example, your List D extra work for an AMEB exam may need to be
copied for the examiner because you only have one original, from which you will perform.
6

You may only make one copy per examiner and each must have this declaration form attached
to it. The photocopy needs to be destroyed by the examiner at the conclusion of your exam
and you must not ask for it back.
Form Number Four:
Orchestral and Band Auditions
This form is to certify that any photocopies you make for band or orchestral auditions have
been made from an original and have been licensed by the copyright owner. The copies need
to be handed to the audition panel after the audition is complete and the form needs to remain
attached.
Form Five:
Temporary Copy for the Use by an Accompanist in an Eisteddfod or Music
Competition
If you need to make a copy for your accompanist in an eisteddfod or competition, you
are permitted to do so as long as you fill in this form and attach it to the music for the
performance. The accompanist must give this form back to the competitor at the conclusion of
their section and destroyed immediately by them.
Publishers and Their
Subpublishers Who Agree
to the Principles in this
Guide
Publishers
Subpublishers
Alfred Publishing Australia
Bacalunga Music
Faber Music Ltd
Gordon V. Thompson
Highland Etling
Intersong Pty Ltd
Lawson Gould
Orpheus Publications
Shapiro Bernstein and Co
Wallaby Music
Warner Chappell Music
AMPD
Wise Publications
Allans Educational
AMEB Publications
Brolga Music
CCP Belwin Inc.
7

EMI Music Publishing
Publishers
Subpublishers
ABKCO Music
Belinda Music
Blackbull Music
Carl Fischer
Castle Music
Charisma Music
Colgems-EMI Music Inc.
D. Davis and Co
EMI Allans Music
EMI April Music
EMI Blackwood Music
EMI Catalogue Partnership
EMI Songs
EMI Virgin Music Publishing
Gladys Music (Elvis Presley)
Hit and Run Music
Impulsive Music
Jobete Music/Stone Diamond
Joel Songs
Lenono Music
Magnetic Publishing Ltd
MPL Communications
Pink Floyd Music Publishing
Queen Music Ltd
Realsongs
Screen Gems-EMI Music Inc.
W. H. Paling
8

Hal Leonard Australia
Publishers
Subpublishers
Hal Leonard/Anglo-Soviet Music Press
Boosey and Hawkes Pty Ltd
Cherry Lane
Cherry River
Disney Publications
Hal Leonard/Editio Musica Budapest
Famous Music
Hal Leonard/G. Ricordi and Co
Hal Leonard/Glocken Verlag
Jenson Publications
Hal Leonard/Josef Weinberger
Kevin Mayhew
Rodgers and Hammerstein
Rondor Music
Rubank Publications
Walton Music
Fable Music
J. Albert and Sons Edward B. Marks
Neil A. Kjos Music
Modern Music Craft
Morton Music
9

Music Sales Pty Ltd
Publishers
Alain Boubil Music
Subpublishers
AMSCO
BMG Music
Bob Dylan Press
Bosworth
Bourne Inc./Ltd
Campbell Connelly
Chrysalis Music
Dorsey Brothers Music
Edwin H. Morris and Co
Estate of Irving Berlin
Festival Music
G. Schirmer
Gibb Brothers Music
Larrikin Music
Leiber Stoller Music
Margaret Brandman Music
Universal/MCA Publishing
Mushroom Music
Nightlight Music
Novello
Paul Simon Music
Queenwood Publications
Shawnee Press Inc.
Sony Music
Southern Music Publishing
Universal Music Publishing
Wise Publications
Origin Network
Peer Music
Universal Music
Yorktown Music Press
The Integrated Copyright Group
Frankdon Music
Essex Musics
10

Contacting Us
11
If you are organising or participating in an eisteddfod, music competition or examination and
need more information, see our website www.apra-amcos.com.au and our Private Music Teachers
page.
Our Educational Licensing Department is also on hand to answer any questions you may have.
Contact us at schools@apra.com.au or (02) 9935 7900
Other
Useful
Contacts
APRA|AMCOS State Offices
NSW/ACT
16 Mountain Street
Ultimo NSW 2007
Tel 02 9935 7900
Fax 02 9935 7999
apra@apra.com.au
VIC/TAS
3 & 5 Sanders Place
Richmond VIC 3121
Tel 03 9426 5200
Fax 03 9426 5211
victas@apra.com.au
QLD
3 Winn Street
Fortitude Valley QLD 4006
Tel 07 3257 1007
Fax 07 3257 1113
qld@apra.com.au
SA
Suite 29, 8-20 O’Connell Street
North Adelaide SA 5006
Tel 08 8239 2222
Fax 08 8239 0744
sa@apra.com.au
NT
Level 1 Chin Arcade,
Cavenagh Street
Darwin NT 0800
Tel (08) 8941 0988
nt@apra.com.au
WA
Suite 1, 12-20 Railway Road
Subiaco WA 6008
Tel 08 9382 8299
Fax 08 9382 8224
wa@apra.com.au
Australian Recording Industry
Association (ARIA)
Level 4, 11 - 17 Buckingham
Street
Surry Hills, NSW 2010
Tel 02 8569 1100
Fax 02 8569 1183
www.aria.com.au
Phonographic Performance Company
of Australia (PPCA)
Level 4, 11 - 17 Buckingham
Street
Surry Hills, NSW 2010
Tel 02 8569 1100
Fax 02 8569 1183
www.ppca.com.au
Copyright Agency Limited
Level 15, 233 Castlereagh
Street
Sydney, NSW 2000
Tel 02 9394 7600
Fax 02 9394 7601
www.copyright.com.au
Australian Copyright Council
3/245 Chalmers Street
Redfern, NSW 2016
Tel 02 8815 9777
www.copyright.org.au

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