Copyright

AIME fully supports an artists rights to compensation and protection. Copyright is vitally important tool to achieve this.

Intellectual property will be a huge battleground in the 21st Century, and music teachers will need to improve their practises in this area if they want to avoid getting into trouble.

Many teachers still routinely photocopy music, make copies of CD's for students, and make arrangements and alterations without securing the proper permissions or paying royalties or collection fees.

Each time a teacher photocopies a piece for a student in this way, the student and the teacher are both STEALING from the author, editor and publisher.

 

Fortunately, there are many examples of ways to operate legally.

Here is some information on current Copyright rules (as of 2007) 

 

 

APRA Licenses

Most public performances of copyright work require a clearance. These can easily be obtained from APRA.

 

Please note: if you have a small informal concert, in your own house, with just teacher and students, then this can be deemed to be 'educational'. However, the moment anyone else attends (say, a parent), then this is almost certainly a public performance, and you may be in breach of Copyright laws.

Teachers should get clearances from APRA to protect themselves (it is the venue that bears responsibility, not the performer).

 

You Can't Use Photocopies In Exams...

... Except Sometimes You CAN!


People often forget that not only composers, but also typesetters and publishers
make the money they need to feed their familes from sales of music books.
Photocopying music under copyright is essentially stealing from these people.

The 2007 AMEB Manual states "Photocopies should not be used... unless an
exception to copyright applies" (2007 AMEB Manual of Syllabuses page xiv).

It also states that "Candidates who present for examination using scores obtained
from websites should note that they bear responsibility to ensure copyright
clearance for their use of this material has been obtained."



What does this mean?

In Australia, a piece is protected under copyright from the moment it is
composed, until 70 years after the death of the composer (Part III Division 1-33,
Copyright Act 1968 as amended inc. Act Nr 28, 2007). 

This took effect in 2006 (due to the Howard Government signing the ridiculous US Free Trade Agreement): previously the protection was for only 50 years, and the new law specifically states that works that were previously public domain would remain so.

The typesetting (or the printed layout) of the music is also protected by copyright
for 25 years after the year of original publication (Part IV Division 4-96 Copyright
Act 1968).



So here's a simple test:

(1) Did the composer die before 1955?

(2) Was the edition printed before 1981?

Then in Australia, that work is in the Public Domain, and can be freely copied.

Now, to be safe, you should ask this final question:

(3) Did the composer die before 1923, and was the work published before 1923?

This is because copyright varies in different countries, notably the USA (see
http://imslp.org/wiki/Public_domain). Works by deceased composers published
prior to 1923 should be public domain in most of the world.

This means that it is legal, in Australia, to use the vast range of music available
from Mutopia and other public domain websites.



Now, what about exams (especially the AMEB)?

Firstly, the AMEB Manual above makes it clear that so long as it is public domain,
it is fine for exams.

You may wish to confirm this with the following people (we already have).

  • John Weretka (General Editor, AMEB Federal Office) and David Agg (AMEB Federal Office), both of whom stated that so long as the work was in the public domain, then it was acceptable for AMEB exams. However, they cautioned that due to the federated nature of the AMEB, the NSW State Office should be consulted.

  • Melinda Howard (AMEB NSW) stated that so long as the piece met with AMCOS (the Australian Mechanical Copyright Owners Society) approval, it would be acceptable for AMEB exams.

  • Rebecca Foulcher (Manager, Print Music & Educational Licensing, AMCOS) who stated that if the piece met the above conditions, then it was acceptable as far as AMCOS was concerned.

 

 

AMCOS Guide To Print Music

Teachers and students should refer to the AMCOS publication "A Practical Guide To The Use Of Print Music In Australia 3rd Edition 2006".

Students wishing to use downloaded public domain copies should complete the Form Nr 1 on page 20 of the guide.

The guide can be downloaded from:

www.apra.com.au/music-users/downloads/printmusic_2006.pdf.

We also contacted the Australian Copyright Council, but they refused to answer any questions, and referred us to AMCOS.

In summary: it is fine for students to use public domain photocopies for AMEB
exams (please note the emphasis on public domain)!

 



Bibliography

2007 AMEB Manual of Syllabuses
Australian Music Examination Board 2006

Australian Copyright Act 1968 as amended inc Act Nr. 28, 2007
www.asutlii.edu.au/au/legis/cth/consol_act/ca1968133.txt

A Practical Guide To The Use Of Print Music In Australia, 3rd Edition 2006
www.apra.com.au/music-users/downloads/printmusic_2006.pdf.

International Music Score Library Project
http://imslp.org/wiki/Public_domain

Australian Copyright Council
http://www.copyright.org.au/

Copyright Agency Limited
http://www.copyright.com.au/

Copybites: Copyright Law Blog
 http://www.copybites.com/

 

 

©2007 Australian Independent Music Examinations.

The use of images, text, music scores, backings or acrobat files without permission is illegal.

Material noted as 'free to download' cannot be used for commercial purposes.

Equipment & courses offered may vary without notice.

Views expressed in this newsletter are opinions only.

There may be other reasons why particular pieces of music are copyright. AIME is not a law firm, any whilst every effort has been made to ensure the accuracy of this information, independent advice should always be sought before making any decisions. It is the users responsibility to confirm the copyright status of pieces.

Views expressed in this newsletter are opinions only. AIME disclaims any implied warranty with respect to fitness for any particular purpose, or copyright status.

We cannot be responsible for any damage including but not limited to your equipment, reputation, profit making ability, or mental or physical condition caused by the use (or misuse) of information in this publication


This web page was last updated 11 December 2007

 

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