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Statutory licence to copy for the purpose of broadcasting (“ephemeral rights”)
This information is for general guidance only; it is not legal advice.
First read:
copyright basics webpage
Special exceptions in the Copyright Act (sections 47 and 107) allow broadcasters to make a recording of the material they broadcast. This may be because a pre-recorded version of the program is to be broadcast or because the broadcaster wants to keep copies of programs for archival purposes. Where the broadcaster has permission to broadcast the material – whether as a result of its licences with the collecting societies or an agreement with an individual copyright owner – the Copyright Act permits it to:
- reproduce the work for the purpose of broadcasting; and
- reproduce the sound recording for the purpose of broadcasting.
Such copies must be destroyed within 12 months of the broadcast. If the broadcaster wishes to keep the recordings for a longer period, it will need to get relevant licences (for example, from AMCOS, ARIA or copyright owners directly).