If your performance comes into one of the categories of performances that are protected, your permission will usually be needed before your performance can be filmed.

The filmmaker may be able to film you without your consent if he or she can rely on an exception, such as reporting news or “criticism or review”. As a practical matter, however, this is generally only an issue where you are performing in the street or otherwise in public areas. In venues such as theatres and concert premises, entry to performances is often subject to restrictions on filming which override the ability of the filmmaker to rely on the exceptions in the Copyright Act. If you are concerned about people recording or filming your performance in such venues, talk to the operators of the event or the venue management.

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You may not need permission if:

• your performance of the song with new lyrics is for the purposes of parody and/or satire; and

• the use is fair.

A performance of a song with new lyrics may not, in itself, be for the purposes of parody or satire, even if it is humorous. For example, a use which makes no comment or criticism of the original work may not be a parody.

In addition, the use must be fair. The more of the original song you use, the less likely it may be that the use is fair. Also, it might not be “fair” to create and/or perform a parodic or satiric version if the copyright owner (or a relevant collecting society) usually licenses such versions.

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Your band will generally need permission to play music in public. An APRA licence will cover you for almost all music and lyrics.

Many venues will already have a licence with APRA. If you think the venue your band is playing at may not be covered, you can arrange for appropriate licences with APRA just to cover your event.

(Many venues will also have a licence with PPCA (the Phonographic Performance Company of Australia) which covers the public playing of sound recordings: even live-band venues will usually play recorded music at various times, such as between sets or on jukeboxes.)

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Generally, a person who wants to include an audio-recording of your performance in the soundtrack of a film or documentary (including a TV program) needs to get your permission to do so. This permission will be in addition to any permission needed in relation to the sound recording itself, and in relation to any copyright material that was recorded.

The consent to use a sound recording in soundtracks, however, is often part of the agreement performers make when they initially consent to being recorded, so check any consent form you signed when being audio-recorded to see whether you are now in a position to control the use of the recording in soundtracks.

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It is likely that a rehearsal for a concert will be a “public performance” for the purposes of copyright law, as the people at the rehearsal are generally not there as members of a family group, but in a public capacity, as members of the particular ensemble which is rehearsing. This means that the relevant clearances will be needed.

The performance of music at rehearsals may already be covered by a licence with APRA if the venue where the rehearsal is taking place has an annual APRA licence, or if the group is a community group (such as a band or a choir) and it has taken out a “Community Bands, Groups, Choirs” licence with APRA for that year. You should check that the venues where rehearsals take place are covered by APRA licences, or that the Community Bands, Groups, Choirs licence is up to date.

If you have the copyright owner’s permission to perform spoken word material in a concert, or to perform a grand rights work such as a musical, ballet, oratorio or operetta, it is likely that you also have an implied permission to rehearse that material.

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If you are performing protected music “in public”, for example at a concert or community event, you will need a licence from APRA, even if you are not charging an entrance fee or making any money out of the performance.

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