Australian Copyright Council

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FAQ

I have found old home movies of a marching band performing in a parade. Can I use a segment in my documentary?
15.6.2008

You should check when the performance took place: if it took place in Australia before 1 October 1989, you do not need to consider the issue of performers’ rights. However, if the performance took place after this date, you will need to check whether or not the performers consented to being filmed.

You may also need to get permission from whoever owns copyright in the music and in the footage you want to use.