Copyright F.A.Q.
Should I know about copyright?
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.
What rights are covered?
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 to subscribers.
How are rights grouped?
The rights are commonly grouped
as the Performing Right (the right to broadcast a work,
perform it in public and transmit it by cable or other means),
the Mechanical Right (the right to record a song onto CD etc),
and the Synchronization Right (the right to use the music as
the soundtrack for a film or video).
How long does copyright last?
Copyright in a musical work
lasts for the life of the composer plus 70 years. If, however,
a work is first published, broadcast or performed after the
composer's death, then copyright lasts for 70 years from the
date of first publication.
How do I secure copyright?
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 manuscript
or when the song is recorded on CD, computer or some other
form.
What should I do to protect my copyright?
Copies of manuscipt and
recordings 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.
What can I expect from my copyrights?
The owners of copyright in a
musical work are entitled to a royalty every time their music
is performed at clubs, pubs, restaurants, shopping centres,
festivals or concerts or broadcast on radio or TV and streamed
on internet.
Are there penalties for breaching copyright?
The Copyright Act and other
legislation provide severe penalties for dealings in music
that infringe the rights of artists, composers, lyricists,
producers, record companies and music publishers. Penalties
range from injuctions, damages and costs through to
substantial fines for individuals and for corporations per
infringement.
Where can I find further information?
Check the Website Links page for
links to the organizations in Australia that can provide
comprehensive information on Copyright Law and procedures.
