Copyright 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:

The Performing Right - the right to broadcast a work, perform it in public and transmit it by cable.

The Mechanical Right - the right to record a song onto cassette or CD.

The Synchronisation Right - the right to use music as the soundtrack for a film or video.

Copyright in a musical work lasts for the life of the composer plus 50 years. If, however, a work is first published, broadcast or performed after the composer's death, then copyright lasts for 50 years from the date of first publication.

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.