Australian Copyright Council

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FAQ

Do we need to get clearances for music that is incidentally recorded when we’re filming?
1.10.2009

There’s an exception in the Copyright Act for the “incidental” inclusion of an artistic work in a film or broadcast, but there is no similar exception for the inclusion of music.

 

If, for example, you are shooting footage of a street and you capture on the soundtrack either people singing or playing music or music from a TV, radio or CD player, you will generally need permission from the relevant copyright owners (usually the music publishers and the relevant record company if the music is from a recording). You will usually need this permission whether or not you are filming the source of the music.

 

If people are performing the music, you will also need to consider the rights of the performers. (Usually, you need consent to record them).