Copyright Options

Personal Use

On 1st January 2007, the copyright law was changed to allow individuals to copy audio from one format to another format, as long as the original media is legitimately owned by the individual. The law is complicated, and there's more to it than that, but for example, if you own a CD, you are legally allowed to make an MP3 file of it, or copy it to audio cassette. If you own an LP record, you are allowed to copy it to a CD.

Unfortunately, the law explicitly forbids anyone copying audio and video that is subject to copyright as a commercial service or for any profit or benefit. Therefore, we are not able to copy your audio unless you own the copyright or have written permission from the owners of the copyright.

Example 1:

You want us to copy music from a CD, tape or LP record that was commercially released, even though it is no longer available to be purchased. You will need to obtain permission from both the publisher and the record company.

AMCOS may be able to assist with the publisher’s rights and ARIA may be able to assist with contacting the record company.

If, however, the recording was first published in 1954 and the composer of the music has been dead since 1954 or earlier, then the recording is in the public domain, and you do not need to obtain permission to have us copy it.

Example 2:

You have made a recording of your own performance of, for example, a Beatles song. You own the copyright of the recording and so there is no need to obtain permission from the record company. However, the song itself is still subject to copyright, and so you must pay royalties to the publisher.Contact AMCOS for more information.

Example 3:

You have an old LP record of a favourite classical concerto. The composer has been dead for longer than 70 years, so the music is in the public domain. However, the recording was made less than 70 years ago, and so copyright still exists in the recording. You must obtain permission from the record company before we can copy the record for you. ARIA may be able to help you contact the record company.

Christmas Songs:

Most Christmas songs are traditional or old enough to be in the public domain.In either case, there is no copyright on the words or music. But even on these songs, copyright exists in any recording of those songs made in the last 70 years. And before you can photocopy or scan public domain songs from a music book, you will need permission from the publisher of the book, unless the book was published more than 70 years ago.

There are, however, a large number of Christmas songs that are still subject to copyright. A fairly comprehensive list of these songs can be found at APRA's web site.

Copyright - Extra Information For Schools

Any schools intending to copy musical works which are subject to copyright, are advised to see the relevant page on the APRA web site.

Most schools are covered by a licence that allows them to copy music that is subject to copyright. Schools that are covered include:

• All Government schools
• Schools that are members of the Association of Independent Schools
• Catholic Education Office

If schools are NOT covered by the licence, then they may take out individual licence's whenever they wish to make a copy of copyright music.

What the licence allows:

• Licenced schools may make recordings of live performances at the school, or may copy a commercial sound recording on the basis that the copies are distributed to students of the school to assist them in music class, or as a commemorative recording of a performance.
• The licence allows schools to cover basic costs of materials. It does not allow the making of recordings with an intention to create a profit.
• The licence allows the school to make a recording for its own archives, to be held on school premises.

Permissible school events:

The following list includes examples of events that would be covered by a Licenced school. The list is not exhaustive:

• A music concert held at the school.
• A music concert organised by the school, but held at a different venue, where parents and friends of the school were invited.
• A sports day where pre-recorded music was being played.
• A school performance where either live music or recorded music was being used (and subsequently recorded).

Events which are NOT covered by the licence:

• A dance festival run by an organisation other than a school or group of schools.
• An eisteddfod (organised by an eisteddfod body).
• A performance by a professional musician in a school.

We cannot copy an audio CD for your school unless you indicate to us in writing (using the school's letterhead):

• The purpose of the copies.
• Whether discs will be sold to make a profit
• If your school is licensed to copy the musical works, or if not, an assurance that appropriate licences are being sought.

Copyright - Extra Information For DJ's

The following is based on information supplied by AMCOS and ARIA on 23rd January 2002.

If you play music to the public as a DJ, you, or the venue, must have a current licence from APRA (Australasian Performing Right Association - 9935 7900).

The ownership of a licence from APRA does NOT automatically give you the right to RECORD your performance.

To record your performance you must obtain two separate licences. The licence from AMCOS is for the copyright that exists in the musical work (regardless of who has recorded it). Permission must also be obtained from each of the record companies whose work you have used, as they own the copyright of the actual sound recording.

There is no guarantee that a record company will give permission to use its work, as each artist needs to be asked for their permission and it is up to them to decide whether they will allow it to be used or not, and for what price. Also, it is possible that the record company may need to hear the mix you have created before they can give permission to use it.

We cannot copy your demo CD unless you can show us written permission to do so from all the relevant owners of copyright.