In this situation, the music would be reproduced into the Powerpoint, and then performed to the class when the powerpoint is shown.

Are these uses licensed by the copyright owner?

Check the copyright owner’s terms of use for the MP3file: the teacher’s use may be allowed by the terms of use.

Are these uses allowed under the Copyright Act?

If the institution is covered by a remuneration notice with Screenrights, the reproduction could be allowed under Part VA if the MP3 file is a recording, or a copy of a recording, made from a broadcast for educational purposes.

Otherwise, section 200AB could, in some cases, apply. Section 200AB is more likely to apply if the particular piece of music is necessary for the teaching outomes of the presentation and a licence is not available.

The performance of the music, by showing the PowerPoint presentation, would be allowed under section 28 of the Copyright Act.

AMCOS/ARIA agreement

Many educational institutions are covered by agreements with AMCOS and ARIA that allow certain uses of recorded music, such as recording school concerts. The agreements do not, however, apply to MP3 files.

Are these uses prohibited by a contract?

The teacher may be legally bound by a contract that prohibits this use. This is likely to be the case if the teacher has purchased the MP3 file as a download. Using the MP3 file in a PowerPoint for class may breach the contract, even if the use does not infringe copyright.