Music

Using music for teaching purposes

Music can contain several copyright rights. The composition itself may include lyrics and original music, or an arrangement of a musical work and the performance of the work and its recording may involve other copyrights. The oversight of these copyrights falls to several different Collecting Societies, making music copyright complicated and difficult to manage. Nevertheless, the Copyright Act permits some uses, and a licence negotiated between the Collecting Societies and the university sector, known as the Tertiary Music Licence, allows music to be used for teaching purposes.

Playing and performing music in the classroom

Section 28

If you wish to play recorded music or perform live music as an introduction to a lecture or as part of a lecture or tutorial, this is permitted if the following apply:

  • you use a legitimate copy of the music
  • the use is in the course of educational instruction
  • the lecture is attended only by bona fide staff and students of the University of New England.

This is because section 28 of the Copyright Act deems performances in the course of educational instruction not to be in public if the audience is limited to those taking part in the instruction.

Copying print music

Under the terms of the Part VB educational licence, staff may copy up to 10 per cent of a print musical work for teaching purposes. However, you may copy the entire work if you are satisfied after reasonable investigation that the work is not commercially available. You should keep a record of your investigation. An email from a music supplier stating that the work is not available for purchase would be sufficient. Other issues of compliance may need to considered. Find out more about the Part VB Licence.

Some music that you want to use may be out of copyright which means you are free to use as much of it as you want to. You would need to make sure all of the copyrights had expired. For example, a recording of a Mozart Symphony will have copyright in the recording, even if the original music score by Mozart is out of copyright.

If a copyright owner gives permission for you to use their work, you should keep a record of this on file and comply with any conditions stipulated.

Copying recorded music

The Tertiary Music Licence

Under the Tertiary Music Licence, the University may copy music sound recordings within the repertoire of AMCOS and ARIA. Note: the licence does not cover the copying of music videos.

Both AMCOS and ARIA are involved because there are two copyrights in the recorded music:

  • the reproduction right in the musical composition, controlled by AMCOS; and
  • the reproduction right in the sound recording, controlled by ARIA.

ARIA record labels (PDF) are listed on the ARIA web site.

Any recordings under these labels may be copied. Where specific recordings on ARIA labels are excluded from the ARIA repertoire, this is noted. As of June 2006, recordings of the rock group AC/DC are excluded.

The following conditions apply:

  • the source recording must be a legitimate copy, not an infringing one
  • the copying must be for educational purposes associated with a course of study or research
  • the copies can only be made available to UNE students or staff
  • the materials must carry the required warning notice and label (this is outlined below).

Under the terms of the licence, it is not necessary to keep a record of copies made.

Making physical copies

Copied recordings may be deposited in the library for student access and distributed to students on CD or DVD. The CDs or DVDs may be sold to the students so long as the price is set only to recover costs. The recording (on its packaging, labelling or file heading) must display the following:

  1. The following notice:
    This recording has been made by the University of New England under the express terms of an educational licence between it, AMCOS, and ARIA, and may only be used as authorized by the University of New England pursuant to the terms of that licence.
  2. The following information:
    The title of each musical work;
    The name of each composer, lyricist, and arranger of the musical work; and
    The artist or group name and the record company label.

Online copies

Copies may be placed on a server for student listening, with access restricted to UNE staff and students. The streamed music files must be in a format that cannot be downloaded. It is a licence requirement that all copies must carry:

  1. The following notice:
    This recording has been made by the University of New England under the express terms of an educational licence between it, ARIA, AMCOS, APRA, and PPCA and may only be used as authorised by the University of New England pursuant to the terms of that licence.
  2. The following information:
    The title of each musical work;
    The name of each composer, lyricist, and arranger of the musical work; and
    The artist or group name and the record company label.

The notice and credits can be displayed before the streaming starts. Alternatively, a voice recording of the notice and credits may be included at the start of the file.

Note: The notice is almost the same as the notice that must be put on a physical copy. The difference is the addition of APRA and PPCA to the licensors. This is because when you stream music, you are exercising the communication right in addition to the reproduction right. APRA controls the communication right for the musical composition and PPCA controls it for the sound recording.

If you wish to stream music, please contact the University Copyright Officer before proceeding. Each year, the University is required to report the sound recordings available on the streaming facility.