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Copyright and the Use of Music in Schools- HICES Heads of Music

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  • 2012 – 2016 (5)Sound recording, ie recorded music
  • Schools are permitted to make sound recordings (eg copies of tracks from CD, or copies of digital music files) in any format:1. eg copying music to CD or MP3 to play at an event2.eg making a video or audio recording of a school event3.eg classroom PowerPoint slides, or in presentations at assemblies or functions4.eg to play music recordings relevant to material being studied5.eg when teaching how to make or use sound recordings in music or multimedia classes6. eg to add a musical soundtrack to a video recording of a school assembly, presentation night or sports daySchool event  means an event organised or authorised by the school, including:concerts, events or functions held at the school - eg presentation nights, drama or music performances, assemblies, etc (whether or not parents and the school community are invited)concerts, events or functions connected with the school at a different venue (whether or not parents and the school community are invited)sports days with recorded musicschool fêtes with live or recorded musicThe following are not regarded as school events, for the purpose of this licence:a dance festival run by another organisation and not connected with the school an eisteddfod organised by an eisteddfod body*a performance by a professional musician**When considering what 'events' are covered, note the position is different if you will be using recorded music (for which this licence applies) rather than performing music live (in which case Education Licence C: The APRA Licence applies- see our fact sheet on the APRA Licence for more information).*Live music performances by professional musicians and at eisteddfods (other than the Rock Eisteddfod) are covered (by Education Licence C: The APRA Licence - see our fact sheet on the APRA licence for more information), while use of recorded music by professional musicians and at eisteddfods is not.
  • – eg parents and friends can make a video of a presentation night at which the school band played.
  • For example, you can upload copies of CD tracks to the school content repository so that you can play them in class, or upload a video of a school concert for access by staff and students.
  • However you can move a recording of the event onto the school's password protected content repository for access by staff and students, as discussed under 'Upload to the Intranet' above. For example, you can stream video of a presentation day at which school bands are playing from the school website as the event is occurring, and once the event has finished a recording can be stored on the school intranet for teachers and students to access.
  • to students, for their own private and domestic uses, at no charge or for no more than the direct cost of making the copy (eg if it costs $2 to make a DVD of a school concert, $0.50 for the DVD case and $0.50 for the label, you can charge up to $3 per copy);
  • 1. this means you should not work with any music you suspect is 'pirated‘2. this licence doesn't permit you to produce a DVD of a school musical3.for example, via a publicly accessible school radio station or online radio or video portal– the only "broadcast" you can make is a live stream from your school website, as discussed under 'Make a Live Communication' above5.although this may be permitted to some extent under the 'fair dealing' and 'flexible dealing' exceptions in the Act – see our information sheets on copyright exceptions and flexible dealing for more details
  • 1 Jan 2010 – 31 Dec 2016 (7 years)
  • Es-sted-fods
  • Es-sted-fod
  • 1 January – 21 Dec 2014 (5 years)
  • New licence in 2014. Will be negotiating in the next 6-12 months.Within the 10% copying limits. Communicating digitally----emailing, wiki, smart board, CMS, etc.Ask what they would like to see. What would help them. How you want to be able to using sheet music? What you would like to see added to the licence.We may need to do a survey, can we ask you to complete if we do?Where we are:  may do on a transaction by transaction basis- ie when the school goes over the allowable amount (ie over 30 copies, instead of buying a new score, purchase the right to use (by copying, scanning, etc)) This transaction could be online (AMCOS website) or the school may send in a form. - this may be cheaper than attempting to negotiate for a blanket right nationally to have more copies. Especially seeing that some schools may never need to go outside what’s in the licence currently - would be easier than negotiating specifically with the publishers/AMCOS.
  • All are free exceptions----no fees are paid.
  • Where a sound recording is caused to be heard in public as part of the activities of, or for the benefit of, a club, society, or other organisation that is not established or conducted for profit and the principal objects of which are charitable or are otherwise concerned with the advancement of religion, education or social welfare.
  • Where a literary, dramatic or musical work:Is performed in class or otherwise in the presence of an audience; ANDIs so performed by a teacher in the course of giving educational instruction, not being instruction given for profit, or by a student in the course of receiving such instructionThe performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.
  • fate
  • Transcript

    • 1. Copyright and use of Music in Schools HICES Heads of Music 26 October 2012 Emanuel School Jessica Smith National Copyright Officer National Copyright Unit www.smartcopying.edu.au
    • 2. Smartcopying Website www.smartcopying.edu.au• National Copyright Guidelines for Schools and TAFEs• Practical and simple information sheets and FAQs• Interactive teaching resources on copyright• Search the site for answers to your copyright questions 2
    • 3. Slides available @http://www.slideshare.net/nationalcopyrightunit/ This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted) http://creativecommons.org/licenses/by-sa/3.0/au/
    • 4. Outline1. Voluntary Music Licences2. AMCOS negotiations3. S 106, s 28, s 200AB4. iTunes 4
    • 5. Voluntary Music Licences• There are three voluntary music licences which cover different activities with music: • AMCOS/ARIA/APRA Licence • APRA Licence • AMCOS Licence 5
    • 6. Voluntary Music Licences• All government schools are covered by the voluntary music licences.• Most Catholic and Independent schools are covered by the voluntary music licences.• If you are unsure whether your school is covered, you can check by contacting your school authority. For a list of school authorities, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/513 6
    • 7. AMCOS/APRA/ARIA Licence• The AMCOS/APRA/ARIA Licence covers the use of sound recordings in schools and at school events, and making of audio and video recordings of school events involving music for non-commercial, educational and commemorative purposes. For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/703 7
    • 8. AMCOS/APRA/ARIA LicenceWhat schools may do: • Make Sound Records • Make Video Recordings • Upload to the Intranet • Make a Live Communication- ie “Webcast” school events – over the Internet • Sell Recordings For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/703 8
    • 9. Making a Sound Recording Schools are permitted to make sound recordings in any format: • to be played at a school event • of a school event at which music is played • for inclusion in an electronic presentation • to play in class for educational purposes • to be used as part of a course of instruction • to synchronise with recordings made of a school event 9
    • 10. Making a Video Recording Schools and the school community are permitted to make video recordings of school events at which live or recorded music is played 10
    • 11. Upload to the Intranet Schools with a password protected content repository are permitted to: • upload the copies of sound recordings, and audio or video recordings of school events; and • stream to staff and students. 11
    • 12. Making a Live Communication Schools are permitted to: • make a live communication – ie stream in real time – a recording of a school event that includes music from the school‟s website to the internet (ie not just within the schools intranet). • This communication must be streamed as the event is occurring. You cannot leave a recording of the event available on the school website once the event is finished. 12
    • 13. Selling Recordings Any recordings you sell or supply: • must not include advertising or promotional material, and • must be labelled as follows: • This recording has been made under a licence from AMCOS and ARIA for educational purposes only • and display the following details of each musical work captured in the recording: • the title • the composer/arranger • if dubbed from a commercial recording, artist and record company. 13
    • 14. Selling Recordings Schools are permitted to sell or supply recordings of a school event: • to members of the school community for their private and domestic use, for free or for a fee charged solely to recover costs of staging the event; or • to students, for their own private and domestic uses, at no charge or for no more than the direct cost of making the copy; or • to other schools covered by the licence, for their own educational purposes, at no charge or for no more than the direct cost of making the copy 14
    • 15. AMCOS/APRA/ARIA Licence The licence does not permit you to: • Place copyright-infringing copies of music on your school content repository • Make a video recording of a Grand Rights Work (or a choral work of over 20 minutes duration) in its entirety • Make a public broadcast of any recording • Upload any recordings to the internet for download by members of the public • Remix, sample or segue any sound recordings 15
    • 16. APRA Licence• Under the APRA Licence, a school and its students can perform music at the school or off- school premises at any event connected with school activities.• This includes any live performance of music by teachers or students. For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1047 16
    • 17. APRA Licence:The following activities are covered by the APRA Licence: School concerts and performance evenings (choirs, singing groups, school band, orchestra or rock bands) School sports days, fitness classes, dances and formals School award nights or graduations School performances at music festivals, including music eisteddfods and the NSW Schools Spectacular or equivalent events in other States or Territories. Use of music-on-hold Performances by professional musicians Playing films to students which contain music where that school has a Co- Curricular Licence For further information, see the Smartcopying website at:: http://www.smartcopying.edu.au/scw/go/pid/1047 17
    • 18. APRA LicenceThe following activities are not covered by the APRALicence: Performance of a grand right work (eg opera, musical play) in its entirety (unless performed in a film played under the Co-Curricular Licence). Performance of a Choral Work (written to be sung by a choir or group of singers) of more than 20 minutes duration (unless performed in a film played under the Co-Curricular Licence). Rock Eisteddfod Challenge. Performances produced by a third party not associated or connected with the school, unless APRA‟s prior written approval has been obtained. Transmission of a performance beyond the school. For further information, see the Smartcopying website at:: http://www.smartcopying.edu.au/scw/go/pid/1047 18
    • 19. Performances requiring APRA’sprior approval• A secondary school will need to seek APRA‟s prior written approval (which must not be unreasonably withheld) where: • The performance is in a dramatic context ( eg includes acting, costumes, scenic accessories, scripted dialogue) • Admission fees are charged; and • The performance is advertised or promoted outside the school community (students, teachers, staff and parents of the school). For further information, see the Smartcopying website at:: http://www.smartcopying.edu.au/scw/go/pid/1047 19
    • 20. APRA AgreementCan my school charge fees forperformances under the APRALicence?Yes, the school can charge fees provided the majorityof proceeds go back to the school or to a charity.The APRA Licence will not apply where admission feesare charged and proceeds do not go to the school or acharity. 20
    • 21. AMCOS Licence Under the AMCOS Licence, schools can copy whole print musical works for educational purposes. Educational purposes means for use in connection with the educational activities of a school and will include any copies: • made for teaching purposes • made and used as a part of a course of study • made and retained in the library for use as a teaching resource • made for a band, choir, orchestra or instrumental ensemble of that particular. For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048 21
    • 22. AMCOS Licence• The AMCOS licence also permits the: • transcription of the lyrics or melody line from the score of a work • transposition from the score of the work.• This can be done through the use of computer programs such as Sibelius or Finale. For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048 22
    • 23. AMCOS Licence• Copying limits apply under the AMCOS Licence.• These limits depend on: • The type of print musical work being copied. • The number of originals owned by the school or teacher of the school. • Whether the school is a primary or secondary school. For further information about the copying limits, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048 23
    • 24. AMCOS Licence• Each copy of a musical work made under the AMCOS Agreement must be marked with the following: • The words “AMCOS licensed copy” • The name of the participating school • The date it was copied • Where the school is not the owner of the original form, the name of the member of staff who is the owner or sufficient details to enable the owner to be identified. 24
    • 25. AMCOS Licence• Each original musical work from which a copy is made under the AMCOS licence, must be marked with the following: • The words “AMCOS LICENCE – [NUMBER] COPIES MADE” • The name of the participating school • The date the copies were made 25
    • 26. AMCOS Licence• The AMCOS licence will not apply to copies made: • for private tuition, even if it takes place on the educational institutions premises • for external examinations • into a digital format or the scanning of hardcopy musical works • from music textbooks or music tutorials • of librettos • and changing the lyrics • which are Grand Right Works (operas, musicals) except in limited circumstances For further information about the copying limits, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048 26
    • 27. AMCOS negotiations Digitisation of Sheet Music • Scanning • Communicating digitally 27
    • 28. Free Exceptions S 106 S 28 S 200AB 28
    • 29. S 106 Permits the playing of sound recordings as part of the activities of a club, society, or other organisation if: • the activity is conducted not for profit; and • the principal object of the activity is charitable or otherwise concerned with the advancement of religion, education or social welfare 29
    • 30. S 28 Permits the performance and communication of musical works and sound recordings in class. 30
    • 31. s28 Performing or CommunicatingMusic to a Classroom• Does not apply to „copying‟ material.• Allows schools to perform and communicate musical works and sound recordings in class.• It is a free use exception – no fees are paid. See “Performance and Communication of works and audio-visual material – What am I allowed to do?” : http://www.smartcopying.edu.au/scw/go/pid/544 31
    • 32. Performing or CommunicatingMaterial to a Classroom Examples• Play/stream music (eg. from CD/DVDs, online using interactive whiteboard, intranet or LMS)• Stream webcasts/podcasts from online (eg. ABC iView and SBS online from interactive whiteboard, intranet or LMS)• Sing and play instruments• Perform plays• Dance to music See “Performance and Communication of works and audio-visual material – What am I allowed to do?” : http://www.smartcopying.edu.au/scw/go/pid/544 32
    • 33. Performing or CommunicatingMaterial to a Classroom Examples S 28 will not apply to teachers andstudents performing and communicatingmusical works and sound recordings fornon-teaching activities (school concerts, dances or formals, excursions, camps, sports days and fairs)See “Performance and Communication of works and audio-visual material – What am I allowed to do?” : http://www.smartcopying.edu.au/scw/go/pid/544 33
    • 34. Can our school band perform musicat our school fete under s 28? No, performances to the public are not permitted under s 28. However, performing music at a school fate is permitted under the APRA Licence. 34
    • 35. s 200AB: Flexible Dealing• Rely on flexible dealing when no statutory licence (Part VA or Part VB) or free use exception (s 28) applies to your use.• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.• Flexible dealing will not apply where it is possible to purchase a similar teaching resource• A free exception – no fees are paid. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/542 35
    • 36. S 200AB: Flexible Dealing1. Is my use covered by a statutory licence or exception?2. Am I using this for giving educational instruction?3. Am I only using what I need for educational instruction?4. Can I purchase the format I need?5. Will my use unreasonably prejudice the copyright owner?
    • 37. Flexible Dealing Dos and Don’ts• Do not use pirated material.• „Just in case‟ format shifting is not permitted: • Schools cannot make „back up‟ copies of resources „in case‟ the original is destroyed. • Schools are not allowed to format shift their whole library or collection (eg. from video tape to DVD or a content management system) just in case it will be useful later on. Any format shifting needs to be done for the purpose of giving educational instruction in the near future. See information sheets: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 “Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/529 37
    • 38. s 200AB: Flexible Dealing Dos and Don’ts• Don‟t copy more than you need. If you copy too large an amount, it might not be covered by this exception.• Access to s 200AB copies must be limited to those students who need to use the material for a class exercise, homework or research task• Remove once no longer needed the s 200AB copy from the LMS, school intranet, class blog/wiki, portal or interactive media gallery as soon as practical, once no longer required for the class, homework or research task.• Label s 200AB copies with words similar to: ‘Copied under s200AB of the Copyright Act 1968’ See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 38
    • 39. s 200AB: Flexible Dealing - Examples1. Compile short extracts of audio-visual material for use in class (eg making DVD of short films clips from VHS or digital files when it is not possible to purchase similar teaching resources.2. Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording. See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 39
    • 40. Can I format shift some music on a CD into MP3 formatto upload to Moodle for classroom exercise? Yes, a teacher can format shift music from CD to MP3 provided: • It is not possible to purchase the music in digital format • Access to the MP3 copy on Moodle is limited to those students who need to use the MP3 file for the classroom activity • MP3 copy is archived as soon as practicable after it has been used for the classroom activity 40
    • 41. My language department has just purchased an expensivelanguage CD containing listening and speaking exercises forstudents. Can the school make a back up copy of this CD incase it gets damaged? A school cannot make a „back-up‟ copy of the CD because the CD is still available for purchase. It is a good idea to ask the publisher/distributor of the CD for their permission to make a „back up‟ copy. If they refuse, the school will need to purchase two copies and archive one as the „master‟ in case the other gets damaged. 41
    • 42. My library contains several programs recorded on VHS pre-1990. Can I format shift these VHS tapes into digital format tostore on ClickView? Pre 1990 recordings are not covered by Part VA. Therefore, the school will need to rely on s 200AB. Can format shift under s 200AB where: • The program is needed for educational instruction (teaching or preparation for teaching). Cannot do a mass format shift to create a digital library of these recordings. • The program is not available for purchase in digital format. 42
    • 43. iTunes 43
    • 44. iTunes• When buying content from the iTunes store, you must agree to the store‟s Terms of Use.• Terms state that iTunes products can only be used for: „personal, non commercial use‟.• This expression may not include „educational use‟. 44
    • 45. iTunes• We just don‟t know whether the iTunes contract prohibits the educational use of content purchased from iTunes.• There is a risk that the school might be said to be in breach of contract if its plays or copies content purchased from itunes.• However, sections 200AB and 28 allow teachers to use sound recordings and video for educational purposes without having to seek the permission of the copyright owner. 45
    • 46. iTunesYou will need to find out whether your schoolhas decided to: • rely on the Copyright Act exceptions, or • avoid using content purchased from iTunes due to the iTunes contract 46
    • 47. Resources- Creative Commons Encyclopedia – Wikipedia Photos - Flickr Videos - Blip.tv Music - Magnatune Sounds - Opsound Articles - Directory of Open Access Journals Remix community – ccMixter Creative Commons or Google search 47
    • 48. Smartcopying Fact Sheets APRA Licence: http://www.smartcopying.edu.au/scw/go/pid/701 AMCOS Licence: http://www.smartcopying.edu.au/scw/go/pid/702 AMCOS/APRA/ARIS Licence: http://www.smartcopying.edu.au/scw/go/pid/703 Copying Sheet Music in Schools: http://www.smartcopying.edu.au/scw/go/pid/1048 Musical Works: http://www.smartcopying.edu.au/scw/go/pid/747 Sound Recordings: http://www.smartcopying.edu.au/scw/go/pid/752 Perform & Communicate Music in Schools: http://www.smartcopying.edu.au/scw/go/pid/1047 Performance and Communication in Class: http://www.smartcopying.edu.au/scw/go/pid/544 Creative Commons information pack: www.smartcopying.edu.au/scw/go/pid/953 Open Education/FFE Resources: http://www.smartcopying.edu.au/scw/go/pid/933 48
    • 49. For More Information Delia Browne National Copyright Director delia.browne@det.nsw.edu.au (02) 9561 8876 Carl Ruppin National Copyright Manager carl.ruppin@det.nsw.edu.au (02) 9561 1267 Jessica Smith National Copyright Officer Jessica.Smith81@det.nsw.edu.au (02) 9561 8730 http://www.smartcopying.edu.au/scw/go http://www.slideshare.net/nationalcopyrightunit/ 49