Copyright
Important Facts
A
basic understanding of copyright is important for everyone who
writes music. The copyright in a musical work refers to the exclusive
rights which enable the owner to control the use of the work and
the entitlement to rely on Copyright Law to prevent the unauthorized
use by others.
Copyright as defined by the Copyright Act includes the exclusive
right to:
-
reproduce a work in material form;
-
publish a work;
-
perform a work in public;
-
broadcast a work;
-
transmit a work by cable to subscribers.
These
rights are commonly grouped as follows:
- Performing Right
the
right to broadcast a work, perform it in public and transmit it
by cable.
- Mechanical Right
the
right to record a song onto cassette or CD.
- Synchronization Right
the
right to use music as the soundtrack for a film or video.
Generally copyright in music and lyrics lasts for
the life of the author or creator, plus 70 years after the end of
the calendar year in which the author dies. If the work was not
published, broadcast, performed or records of the work had not been
offered or exposed for sale to the public until after the creator’s
death, copyright will last for 70 years from the end of the calendar
year of first publication, broadcast, performance or when records
of the work were offered or exposed for sale to the public.
In
Australia there is no formal procedure required for copyright protection.
The composer/author obtains automatic copyright protection as soon
as the work is reduced to a material form such as a manuscript or
when the song is recorded onto tape, CD or computer disk.
Copies of manuscript and tapes should be retained and clearly marked
with the international copyright symbol © followed by the year
in which the work was written and the name/s of the composer/s and
author/s.
The
owners of copyright in a musical work are entitled to a royalty
every time their music is performed at clubs, pubs, festivals or
concerts or broadcast on radio or TV and, in some instances, when
the music is downloaded from the Internet.
Australian Copyright Council
If you would like more information about copyright, the Australian
Copyright Council may be able to assist you. www.copyright.org.au
Arts Law Centre of Australia
The Arts Law Centre of Australia is the national community legal
centre for the arts. It provides specialised legal and business
advice and referral services, professional development resources
and advocacy for artists and arts organisations. www.artslaw.com.au
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