A music publisher should arrange the sale or exploitation of your pieces, for example, by licensing the recording rights to a record company. Music publishers usually ask for an assignment of the mechanical (recording) rights, synchronisation rights and print music rights. An agreed percentage of the income received by the publisher is then payable to the songwriter.

The benefits a music publisher can provide include:

• collection of income owed to the composer, e.g. from record companies or overseas collection agencies;

• promotion of the pieces to potential buyers such as record companies and film makers; and

• an advance on future royalties.

A composer who is offered a publishing contract needs to consider whether the benefits are worth it. If a composer performs their own songs, and already has a record deal, the publisher may have a limited role to play. This is particularly so if the publisher is connected to the record company. If you are offered a publishing contract, you will need legal advice about, for example: what the agreement means and how it will work; whether it is acceptable by current industry standards; and what aspects you should negotiate to change.

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The word “royalty” usually describes a percentage of income (for example, from the selling price of a recording) which is payable to a copyright owner under a contract with someone who is using the copyright owner’s work. For example, royalties are generally payable by a music publisher to a composer under a music publishing contract.

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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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In general terms, you will not need permission in order to use the same song title as someone else, unless the title is also a “substantial part” of the lyrics. However, if the person or band has established a reputation in connection with the song title, they may be able to prevent others from using the title in a way which causes confusion (for example, by relying on the law of passing off or fair trading laws), or to register the title as a trade mark.

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Copyright protection is free and happens automatically. There is no registration system in Australia and no procedures that you have to follow before your material is protected.

Therefore there is no need to post material you have created to yourself, as this does not establish or protect your copyright.

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If you think your copyright has been infringed, you will usually need advice from a lawyer about your chances of success in a legal action and what steps you should take. You need to be able to prove that the other work is the same as, or reproduces a “substantial part”, of your music. You also need to be able to show that the similarity results from actual copying of your music (not just coincidence). For more information, see our information sheet Infringement: what can I do?

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