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Part Three - 'Music Licences and s 106'
 

Part Three - 'Music Licences and s 106'

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This is the third part of a five part presentation on copyright for Australian schools. ...

This is the third part of a five part presentation on copyright for Australian schools.

’Music Licences and s 106' discusses what schools can do with music under blanket licences with Australian music collecting societies - AMCOS, APRA and ARIA. The licences cover the copying of sheet music, performance of music and copying of sound recordings for school activities. The presentation also discusses the application of a special statutory exception (s 106) to the use of sound recording by schools.

This presentation was prepared by the National Copyright Unit.

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    Part Three - 'Music Licences and s 106' Part Three - 'Music Licences and s 106' Presentation Transcript

    • Part 3 Voluntary Music Licences and s 106
    • Voluntary Music Licences
      • There are three voluntary music licences which cover different activities with music:
        • AMCOS Licence
        • APRA Licence
        • AMCOS/ARIA/APRA Licence
    • Voluntary Music Licences
      • All government and Catholic schools are covered by the voluntary music licences.
      • Most independent schools are covered by the voluntary music licences.
      • If you are an independent school, you can check whether you are covered by the music licences by contacting your school authority.
    • 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
    • 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
    • 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
    • AMCOS Licence
      • Each copy of a musical work made under the AMCOS Agreement was 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.
    • 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
    • AMCOS Licence
      • The AMCOS licence will not apply to copies made:
        • for private tuition, even if it takes place on the educational institution's 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
    • 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
    • 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. This does NOT include the Rock Eisteddfod Challenge’
      • 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
    • APRA Licence
      • The following activities are not covered by the APRA Licence:
      • 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
    • Performances requiring APRA’s prior 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
    • APRA Agreement
      • Can my school charge fees for performances under the APRA Licence?
      • Yes, the school can charge fees provided the majority of proceeds go back to the school or to a charity.
      • The APRA Licence will not apply where admission fees are charged and process do not go to the school or a charity.
    • AMCOS/APRA/ARIA Licence
      • The AMCOS/APRA/ARIA Licence covers the reproduction of musical works and sound recordings for non-commercial, educational and commemorative purposes.
      • Allows schools to record pieces of music, lyrics and sound recordings for use in concerts and other school events.
      • The formats permitted under this licence include: sound cassette, videotape, DVD and CD/CD-Rom but not MP3 or MP4 files.
      • For further information, see the Smartcopying website at:
      • http://www.smartcopying.edu.au/scw/go/pid/703
    • AMCOS/APRA/ARIA Licence
      • Some of the uses covered are:
        • Dub existing sound recordings of musical works for school events. For example, copy sound recordings onto a CD for use in a school concert, performance or dance.
        • Distribute video and sound recordings to students of the school to assist them in music class or other subjects. For example, copy music onto a DVD showing choreography for dance students to take home to rehearse.
        • Make video and sound recordings of live performances of school events and distribute these to students for private or domestic use.
      • For further information, see the Smartcopying website at:
      • http://www.smartcopying.edu.au/scw/go/pid/703
    • S 106
      • Permits the playing of sound recordings at school events including:
        • School concert/performance provided no fees are charged
        • Sport days and school fete
        • At school for entertainment purposes (at lunchtime on a rainy day)
        • To mark the beginning/end of class
        • School camps and excursions, including bus trips, provided the school provides the DVD
    • S 106
      • Does not permit the playing of sound recordings at:
        • Music/dance festival organised by another organisation
        • Eisteddfods organised by an eisteddfod body
        • Performances by professional musicians