Unfortunately it is up to you to find out if the author is alive or dead (and when).
- hand copy
- photocopy
- make audio recordings (including extracts, mixtures, or compilations of tracks), or
- video-record a performance (or even a TV program)
Then you need permission to copy from the relevant author or publisher or record company. AMCOS can help for some music. (See B 7).
If the item is out of print, you still need permission to copy.
Some music publishers will allow limited copying for enlargement or easier page turns etc without charging a fee, but you must ask first.
See AMCOS booklet “Fair use of print music”.
Video - Parents note, if you “only video your own child” in a school concert, you have also copied someone’s music, and therefore you need an “AMCOS Special Events Video Licence”. It is much cheaper for everyone, to have one authorised videographer and licence to cover the whole event (assuming there are no other copyright hurdles).
If you video a whole show, permission is required from the Publisher / agent, and the performers, musicians, conductor, (and even the back stage crew in commercial theatres!).
3.Altering.
If you alter, translate, re-arrange or even just enlarge a copyright item, then you need the author / publisher’s permission, unless it is in the “public domain” (see A.4,b above).
4. Public Performance.
If you wish to make a public performance of a copyright item, either live or via a recording or as backing to a dance or song, you need permission to perform from the copyright owner (eg author, publisher) or their agent (eg APRA for the musical work and PPCA for playing recorded music etc).
This is an additional permission beyond owning or copying! No performance permission is needed for copyright-free public domain works (see 4 b & c).
* “Public performance” is anything outside the normal private domestic sphere or normal school class. Performing for no payment, private clubs, invited guests, no entry fee, charitable events, and even a school rehearsal, are all deemed “public”.
Permission is usually obtained by the manager of a theatrical production company, conductor of a band, school principal etc, to cover all students all the year (eg a Community Group licence). Sometimes the owner of the venue (hall, theatre, stadium) may have a suitable licence. In either case, the licence covers all the performances occurring in that venue at that time. Normally each individual student is not expected to obtain one. But make sure someone has organised it! You are all liable in law.
* PPCA may grant exemptions for charitable, religious, social welfare, education, & boarding establishments. Ask them. See “Music: playing music, Apra & Ppca” at ACC website.
5. Part of an item.
Copy and Public performance permission applies to the whole item, and any part taken out of the item. Even using just 20 seconds of performance, or a few phrases of distinctive music or words can get you into trouble. This is tricky legal country, seek help.
6. Study.
There are exceptions and allowances for individual research, study, and advertising. You can copy up to 10% of a work, and perform / play music, for certain school study purposes. Use of the item must be “fair”. Seek help on this from your school, or ACC for the real details. See ACC booklet “Copying for research or study”.
7. Who to contact.
(a) Author. If you know or can find the author or owner or agent or publishing house or record company of a copyrighted item, you should contact them for permission, eg for plays; major theatrical shows, opera, ballet; music for bands, orchestras, choirs; and the use of modern music.
Some authors assign their rights to their Publisher to administer. So, when in doubt, start with the recording companies, the publishers of sheet music or books, and firms and agents owning rights to plays and shows (eg Warner Chappell, Dominie). Ask ACC or a solicitor. There are many ways of finding authors. See “Owners of copyright, How to find” at the ACC website.
The permission obtained this way, should be in writing. It may involve a simple fee, a %-of-sales, or a complex commercial contract covering many areas of production.
(b) Impossible. Sometimes the author is unknown to you, not possible to trace, the work is out of print, or there are so many authors involved or parts thereof, that you just abandon hope. In this case contact a Licensing organisation who may be able to help you, or redirect you. They issue licences and collect fees:
APRA - responsible for Public Performances of music and lyrics (songs / words), eg live artists with sheet music etc. or the music in recordings.
PPCA - for Public Performances of recordings of music, songs, etc.(eg cd, records, tapes). This includes music at intervals, background music, and backing music for singers, dancers, calisthenics etc.
AMCOS - for recording copyright items by photocopy, audio tape or video. Also for re-recording, dubbing, editing, compiling audio tapes, cd, cdr, mini-disc, video etc. Licences for schools, and for Dance & Calisthenic schools. Others, eg Viscopy, CAL, AVCS, ARIA, and so on, deal with artistic works, photocopies, broadcasting, recording respectively.
ACC (Australian Copyright Council). An independent non profit organisation who will advise you, and help point the way through what can be a tricky legal minefield. They can give limited verbal advice, they have extremely valuable information leaflets available by mail and on web site. (eg “Community arts & copyright” booklet).
*** Note that these organisations cover many “authors”, but not all. Be aware and beware that other “authors” work separately through publishers and agents, and may have different rules to Amcos, Apra etc. If an “author” is well known and independent, you cannot use one of the licensing organisation as an easy / cheap way around copyright. So you can still face prosecution even if you have a “Licence”. Usually the organisation will redirect you if necessary. Don’t cheat, make sure you disclose all information to the licencing organisation so that the correct advice can be obtained.
8. Major Productions.
The performance of music / lyrics in dramatic and musical works as in theatre musicals, operas, operettas, choral works longer than 20 minutes, full length ballets; or parts thereof (like 3 scenes, or 20 minutes), have different controls.
They are called “Grand Rights”. Permission for grand rights music cannot be granted by APRA, and must be obtained from the music publisher, or their agent.
C: What do I do if I perform:
1. Schools.
(a) Groups. Educational schools use original prints, or apply for an “AMCOS Schools Photocopying Licence”, which allows them to make photocopies of music for school and competition use etc.
***Remember non-Amcos publishers may not agree with this, beware! These copies are stamped and kept, and are not destroyed at Competitions. *Only school groups - choirs, orchestras, bands, and ensembles may use these copies. AMCOS has an explanatory booklet for schools.
(b) Solo. Note that AMCOS school copies cannot be used for solo performances or for private tuition at the school, or by any private teacher! These persons must use original (ie purchased) prints, or obtain their own permission.
(c) Public Performance. School also needs an APRA licence if public performances of music are to be given, eg speech nights, parents nights, concerts. The Venue where the public performance occurs, needs to have these licences in place to protect itself from prosecution.
2. Play Music.
(a) Individual / solo - purchase and use an original publication. If copies are required for your convenience or adjudication, seek permission from publisher, or AMCOS. Your Teacher should help you. See “Fair use of print music”, AMCOS publication and at web site.
(b) School - If the performance is part of a school program, then the school through its AMCOS licence (see 1) will photocopy adequate numbers of duplicates (eg for the whole orchestra). These are also used for competitions & adjudication, they are stamped, and remain the property of the school.
(c) Venue for public performance - Requires that an appropriate APRA licence be in place. All parties must check this, decide who is going to organise it and make appropriate commercial agreements.
3. Act.
ie speak, read, act, using copyright poems, extracts of literature, plays.
Purchase and use an original publication, or ask the Publisher if you can copy.
There are no detailed guidelines for literary works at competitions. It seems school copies can be used for the adjudicator’s perusal.
*Amcos and Apra do not handle literature copyrights.
If only parts of a work are recited in public, no extra permission is needed, but the author and title must be acknowledged.
If the whole work is to be performed in public, eg a play, poem, or text is performed as theatre ie with costume, props, scenery etc, then you need author / publisher’s permission.
Note if backing tape music is involved, seek an AMCOS backing tape licence, then APRA and PPCA licences for public performance.
4. Sing.
(a) Individuals. purchase and use original publications. Authorised copies as in C.2.(a) may be needed for accompanist, your convenience, and adjudicator where appropriate.
If using a backing tape - a professionally made tape will have prepaid copyright, otherwise ask AMCOS or publisher for permission.
(b) Teacher. Usually organises copies of songs. and backing tapes, using school licenses (eg AMCOS backing tape licence).
(c) Choirs. Conductor has the original publication, and organises originals or authorised copies for choir members.
(d) Schools, need AMCOS Photocopy licence as in C.1, and APRA licence as in C.2.(b,c).
Where backing tapes are to be used, the school also needs an AMCOS Backing Tape licence and perhaps a PPCA licence if operating outside the school.
(e) Venue for public performance, needs to check that APRA and PPCA licences, have been organised by Conductor or Teacher or school; or the Venue must organise it (eg a competition, see 7).
*If more than 3 songs from one musical show are used in the program, Apra’s licence may not cover that, and you will be referred to the publisher.
5. Dance & Calisthenics.
(a) Individuals. Backing tape, choreography, and costume ideas are usually supplied by the Teacher. No permissions are required by you. Remember that the choreography at least is copyright property of the Teacher, and you cannot perform that dance without her permission.
(b) Teacher. The principal teacher generally owns the choreography of dances she designs, and any designed by her fully employed assistant teachers. She does not own dances choreographed by freelance teachers hired in to “organise a group”. However she may use that dance for the time agreed to in the hiring.
(c) School. The Teacher or Principal must organise school licences, these are usually fees based on numbers of students, and are recurring annually.
Requirements are “Dance & Calisthenics School Licences” from
(i) AMCOS (Amcos / Aria licence) to make backing tapes for students for teaching, competitions, school concert, and to video record the school concert.
(ii) APRA to allow performance of music used as a backing for dances in classes and rehearsals.
(iii) PPCA for the performance of the recordings of music, in classes and rehearsals.
(iv) Separate licences from APRA and PPCA are needed for performances in public, eg in school concerts, any community presentations, Competitions, talent quests, cabarets etc. See (e), and 7 below.
(d) Grand Rights. If the school performs its own version of an established ballet (eg Swan Lake) or even excerpts from a Musical (eg Okalahoma), then specific permission is required from the music publisher or agent. APRA cannot handle this. See B.7
(e) Venue for public performances requires APRA and PPCA licences in place. Whether the school or the venue has the licenses is an economic and practical decision by the Teacher. See (iv)above, or 7 below. But they must be organised.
6. Incidental music Tape.
Interval, background, backing, compilations.
To make these from recordings, you need permission from the record companies, and obtain from AMCOS a “Background Music Licence” or a “Manufacture Licence”.
Dance and Calisthenic schools have their own licences for this sort of work.
To play this in public you need APRA, and PPCA / ARIA permission.
7. Competition work.
Eisteddfods, Festivals, Talent Quests.
Public domain works are free to copy and perform. All other works need appropriate permissions from copyright owners.
(a) Schools. Generally the school and school licences should cover their students’ group performances, copied manuscripts, and backing tapes.
(b) Solos. Solo students must comply with all copyright regulations, so check this, and obtain your own permission where necessary. This is most important for the copying of music, lyrics, and text, for performance. If performing from memory, it is a good idea to have the original print “somewhere nearby” with the teacher, or adjudicator. See “Fair use of print music” AMCOS publication and web site.
(c) Adjudicators need an original work or copy of your presentation to check.
(i) Music. Copies can be provided by the school, for soloists and groups, for the adjudicator’s use only. Otherwise, copyright music can be copied without permission, if they are marked “adjudicator copy only” & accompanied by a signed Amcos Form 2. See AMCOS booklet “Fair use of printed music”. *Beware this arrangement only covers “authors” belonging to AMCOS (see B7 ).
(ii) Literature. School students can use school copies, but private students will need publisher’s permission to copy. Sometimes a Competition may obtain a CAL licence for in-house copying of works for adjudicators, but it is of limited use.
(iii) All copies provided for the adjudicator’s use will be retained and destroyed after the performance, except for AMCOS school copies or on sighting written permission from the publisher or other valid reason.
(d) Venue. The competition organisers should have in place -
(i) Their own APRA and PPCA licences in place to cover all public performances of music by their competitors.
(ii) Their own Permission for public performance of set pieces of Literature and drama.
(i) & (ii) should be stated on the entry application forms, so that everyone knows that this has been organised and that they are protected.
(iii) Note that if student performance material is not covered by APRA, PPCA, etc, then the students themselves must obtain permission for public performance from the “author”.
8. Busking.
You cannot use school licences, and will have to organised your own permissions with APRA, AMCOS, PPCA or publishers. If the music or song is your own creation, then you do not need the respective licence. You cannot change words of copyright songs without permission. You will need City Council permits in public places.
D: Help.
Please note, Copyright law is infinitely more complex than outlined here. There are many variations, exceptions, and allowances. Always seek more help, ask ACC, use the internet web sites, and ask a lawyer.
**Read “Community arts & copyright”, an ACC publication
**Read “Fair use of print music in Australia”, an AMCOS publication
Read any licences and contracts very carefully. There are costs involved. Know your obligations. The following are some of the main sources of help.
ACC (Australian Copyright Council) for legal help and direction. A pointer of the way.
A mine of information. When in doubt, ask ACC.
3 / 245 Chalmers Street, Redfern, NSW 2016.
ph 02 9318 1788. fax 02 9698 3536. Internet http://www.copyright.org.au
email info@copyright.org.au
AMCOS (Australasian Mechanical Copyright Owners Society) for making copies and recordings of items and performances. Audio, Video, etc. Various licences for schools, dance and calisthenic school licences.
Locked Bag 3456, St Leonards, NSW 2065.
ph 02 9935 7700. fax 02 9935 7709. Internet http://www.amcos.com.au
APRA. (Australasian Performing Rights Association). for public performances of music and lyrics.
Locked bag 3665, St Leonards, NSW 2065.
ph 02 9935 7900. fax 02 9935 7999. Internet http://www.apra.com.au
PPCA (Phonographic Performance Company of Australia) for playing original recordings in public.
PO Box Q20, Queen Victoria Building, Sydney, NSW 2000.
ph 02 9267 7877. fax 02 9264 5589. Internet http://www.ppca.com.au
This is part of ARIA (Australian Record Industry Association) for playing recordings of original recordings in public. Same address.
This information has been prepared by RSSS to help our performing artists.
You have our blessing to copy this document, understanding that this is not a legal or official presentation.
AMC 2004
