Copyright information

Item information (dance/ instrumental/ drama/ soloists)

Schools should choose sound recordings from commercially available CD’s or through itunes. Once the sound recording has been purchased, the school is not automatically covered for copyright under the educational copyright agreement. Some sound recordings may fall under the category of ‘Grand Right Works’ or ‘Dramatic Context’ and additional licence/s may need to be obtained. To seek advice or clarification, please refer to the APRA AMCOS website apra-amcos.com.au

Schools wishing to use sound recordings from an unsigned artist (artist who is not with a record label and the music is not available to purchase), YouTube or a composer with an original music piece not commercially available, then permission needs to be sought. Schools are required to directly contact the original composer and gain written permission to use the sound recording.

Once schools have permission to use the sound recording and purchased additional licences (if required) the school is still not automatically covered for copyright under the educational copyright agreement. It is what the school does with the original sound recording that may require additional permission and payment. These fees are called Arrangement Fees.

If the school changes an original sound recording in any way such as changing lyrics, deleting lyrics, changing the tempo, looping instrumental sections, changing the order of the song or merging multiple sound recordings together so they overlap etc then permission needs to be sort. This includes using programs such as Garage Band or having a professional edit the sound recording.

To seek permission, the school needs to contact the record label directly eg Sony BMG and seek information on the approval process. The school will need to explain the context of how the music will be used, changes the school intends to make, the number of performances the school will use this music for and the number of copies of the music that the school will need to make.

Information about the record label is usually on the CD cover. If the sound recording was purchased from itunes, the information can be found in the album details. If schools are unsure of the record label to contact or the record label contact details, please contact ARIA aria.com.au.

Schools will need to seek permission for the arrangement of each sound recording and the school needs to pay the appropriate fees for the arrangement of each song.

Choreography must be original work created in accordance with choreography and copyright laws.

For detailed copyright information, please visit the following websites:
●     Smartcopying - The official guide to Copyright Issues for Australian Schools and TAFE smartcopying.edu.au
●     APRA/AMCO - apra-amcos.com.au
●     ARIA - aria.com.au
●     Australian Copyright Council ‘Choreography and Copyright copyright.org.au

Smart copy guidelines - Australasian Performing Right Association (APRA)

APRA Licence for the Public Performance and Communication of Musical Works by Schools

The Australasian Performing Right Association ( APRA ) is a non-profit organisation of composers, authors and music publishers, which administers the public performance, communication rights on behalf of its members.
See 1.11: Statutory and Voluntary Licences for further information on Collecting Societies

Copyright owners have exclusive rights over the public performance of their work which includes the:

live performance of a piece of music
performance of a school choir
playing of a sound recording
the showing of a film or a video recording.

All public performances of copyright musical works by schools - ie performances outside the classroom - require a licence. This includes performances at concerts, speech nights, fetes, Christmas carol nights, and at other venues outside the school premises such as shopping malls, town halls etc. The APRA Licence grants each participating school a licence to perform in public any work within the APRA repertoire.
Most government and non-government schools are covered by the APRA Licence.
Definitions

Schools include all government primary and secondary schools and most non-government primary and secondary schools.
Dramatic context means in conjunction with acting, costumes, scenic accessories, and scripted dialogue or other dramatic effects, or as a ballet.

Grand Right Work means an operetta, musical play, revue or pantomime to the extent that it consists of musical works and associated lyrics written espressly for it.

Choral work means a work written to be sung by a choir or other group of singers, with or without any instrumental accompaniment.

What does the APRA Licence cover?

The APRA Licence covers the public performance rights in music and accompanying lyrics. Under the APRA licence, a school and its students may perform musical works at the school or at a function connected with the school's activities.

The performances may be given: at schools by students and teachers of a school at non-school venues.

The following uses of music are covered by the APRA licence:

School concerts and performance evenings (choirs, singing groups, school bands, orchestra or rock bands); school sports days; dance and fitness classes; school formals and dances.
School award nights or graduations; school performances at music festivals, including music eisteddfods and the NSW Schools Spectacular or equivalent events in other States and Territories.
Use of music on hold.
Playing films to students which contain music where that school has a Co-Curricular Licence (including films containing the performance of entire Grand Right Works and Choral Works of more than 20 minutes in duration)
Performances by professional musicians
Performance of musical works in a dramatic context by:
primary schools
secondary schools, only if no fee is charged and the performance is not publicised beyond the school community (see ''Performances requiring APRA's prior approval')
Performance of a Grand Rights Work, provided the work is not performed in its entirety
Performance of a Choral Work of less than 20 minutes duration.
Admission Fees

Schools can charge admission fees for performances under the APRA Licence provided the majority of the proceeds made go back to the school or to a charity.

Performances requiring APRA's prior approval

A secondary school must seek APRA's written approval, which must not be unreasonably withheld, if it wishes to perform a musical work in a dramatic context, charge an admission fee and advertise or promote the performance outside the school community (students, teachers, staff and parents of the school).

What does the APRA licence not cover?

Performance of a Grand Right Work in its entirety (unless performed in a film played under the Co-Curricular Licence)
Rock Eisteddfod Challenge
Performance of a Choral Work of more than 20 mins duration (unless performed in a film played under the Co-Curricular Licence)
Performances produced by a third party not associated or connected with the school, unless APRA's prior written approval has been obtained
Interschool music festivals
Performances where admission fees are charged and the majority of the proceeds do not go back to the school or a charity
Transmission of a performance beyond the school.

See 2.3: Musical Works for further information

Smart copyright guidelines - Australasian Mechanical Copyright Owners Society Limited (AMCOS)

AMCOS Licence for the Photocopying of Printed Musical Works by Schools for Educational Purposes

The Australasian Mechanical Copyright Owners Society Limited (AMCOS) administers the AMCOS Schools Photocopying Licence. This licence allows hard copy copying of whole printed musical works (sheet music) by or on behalf of schools. All government schools and most non government schools are covered by this licence. See 1.11: Statutory and Voluntary Licences for further information on Collecting Societies, Conditions of licence.

All copying under the AMCOS licence must be:

by a primary or secondary school covered by the licence for an educational purpose within the specified limits of the AMCOS licence
covered by a remuneration notice given to AMCOS

Any copying of whole printed musical works outside the AMCOS licence will require permission from the copyright owner.

Definitions

Choral Work means a Work written to be sung by a choir or other group of singers, with or without any instrumental accompaniment.

Choral Sheet means a separately published Choral Work of less than 20 minutes duration, usually in octavo format, including a part song, madrigal, anthem or motet;

Educational purpose includes a reproduction of a musical print work that is:

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 by a band, choir, orchestra or instrumental ensemble of that particular school.

Grand Right Work means an opera, operetta, musical play, musical, review or pantomime to the entent that it consists of words and music written expressly for it.

Vocal Score means a Work (other than a Choral Sheet) comprising the musical notation (and accompanying lyrics or text) of a Choral Work of more than 20 minutes' duration or any Grand Right Work with choral or vocal lines and accompaniment.

Transcribing and Transposing Music under the 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. Copies can be made of such transcriptions or transposition up to the permitted limit of copies under the AMCOS licence.

What the AMCOS Licence does not cover?

The AMCOS licence does not cover copying:

for private tuition, even if it takes place on the educational institution's premises
for external examinations
into a digital format or scanning of musical works
of music textbooks of music tutorials
of librettos
of Grand Right Works (except copies of vocal scores consisting of a maximum of three songs provided that the copies are not made or used in the rehearsal or performance of a Grand Right Work)
of music with changed lyrics.

Even if the copies were originally made for a permitted purpose, they cannot then be used for the purposes listed above.

Copying limits

How many copies can we make?

Limits apply to the:

amount of copying
types of works that can be copied by primary and secondary schools under the AMCOS Licence.

The copying limits are linked to the number of originals of each musical work owned by the school or the teacher.

Unlike the Statutory Text and Artistic Licence, there is no requirement that the work not be commercially available.

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Sutherland Shire Schools Music Festival