Music Copyright Guide for Eisteddfods - APRA

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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
Page 1: Music Copyright Guide for Eisteddfo
Page 5 and 6: 3. If you own an AMCOS original and
Page 7 and 8: You may only make one copy per exam
Page 9 and 10: Hal Leonard Australia Publishers Su
Page 11 and 12: Contacting Us 11 If you are organis

Music Copyright Guide for Eisteddfods - APRA

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