US Introduces New Copyright Exemptions
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Q&As on performing other people’s music
First read:
copyright basics webpage
- Music: choirs, bands, private music teachers information sheet
- Playing music, APRA & PPCA information sheet
This information is for general guidance only; it is not legal advice.
| question | date | answer | More | |
|---|---|---|---|---|
| Do we need to get permission to hold rehearsals for concerts? | 20/10/2005 | 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. | QA0200 | |
| Do we need permission to perform music for a non-profit purpose? | 20/10/2005 | 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. | QA0201 | |
| What licences do we need to play commercially produced backing tapes to accompany a choir? | 20/10/2005 | You will generally need a licence from APRA, covering the public performance of the music on the tapes, and a licence from PPCA, for the public performance of the sound recording. For more information about the APRA and PPCA licences (including the circumstances in which you will only need an APRA licence), see the section above on playing recorded music. Note also that you will generally need permission from relevant music publishers and record companies to copy a commercially produced recording to use as a backing tape, although AMCOS may be able to provide a licence on behalf of its member publishers. If you record your own backing tape of copyright music, you will only need licences from APRA and AMCOS. | QA0202 | |
| Do we need permission to perform Christmas carols or to reproduce them? | 20/10/2005 | Many Christmas carols (including Silent Night, O Come, All Ye Faithful, Joy to the World and Jingle Bells in their original versions and traditional arrangements and translations) are no longer protected by copyright, which means you can reproduce them and perform them without permission provided you don’t use a version or arrangement which is still protected by copyright. However, many other carols are still protected by copyright, so you will need an APRA licence to perform them and the publisher’s permission to reproduce them. AMCOS publishes a list of Christmas carols on its website with information about their copyright status and ownership. The list is updated annually. | AMCOS webpage: Christmas songs and carols | QA0203 |
| Do I need permission to perform a song with new lyrics? | 20/10/2005 | You may not need permission if:
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. | Using copyright material for parody or satire | QA0186 |
| Whose responsibility is it to get an APRA licence – the venue or the band? | 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.) | QA0444 |