SCM STUDENT GUIDE TO COPYRIGHT SYDNEY CONSERVATORIUM OF MUSIC

Transcription

1 SCM STUDENT GUIDE TO COPYRIGHT SYDNEY CONSERVATORIUM OF MUSIC

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3 SCM STUDENT GUIDE PAGE 1 COPYRIGHT BASICS WHAT IS COPYRIGHT? Copyright is a bundle of legal, economic and moral rights given to the creators of works to publish their work, control copying, prepare derivative works and perform their work as well as the right to make the material available online. The Australian Copyright Act 1968 (Cth) (and equivalent international laws) aims to protect the creative work of the copyright owner from unauthorised use by others, and also tries to balance this right with the general public s right to access information. WHAT DOES COPYRIGHT PROTECT? Works Literary works Dramatic works Musical works Artistic works books, letters, articles in periodicals, newspapers and magazines, poems, assignments, theses, plays, film and television scripts notated music scores and lyrics to a song photos, paintings, drawings, maps, charts, diagrams Subject matter other than works Films DVDs, videos, TV programs and advertisements, short and full length films Sound recordings Broadcasts Performances Aggregate of the sounds embodied in a record or CD Communication to the public delivered by a broadcasting service Dance, circus act, puppet theatre, poetry reading, music concert Note: Subject matter other than works usually consist of a number of separate copyright protected works. A sound recording may have separate copyright owners in the music, the arrangement, the lyrics, the performance and the production of the sound recording itself. Copyright doesn t protect: ideas or concepts only the expression of the idea or concept is copyright protected. names, titles and slogans these may be covered under trademark and trade practices may be relevant. basic facts such as names and addresses the methodology used to arrange them in a database may be protected. Copyright protection is automatic under Australian law from the moment you place your work in a material form writing down, recording or filming your work. Copyright also protects unpublished works. To receive copyright protection in Australia, a work must be: literary, dramatic, musical or artistic, and must be original made by a resident or citizen of Australia either made or first published in Australia. For additional information see the Australian Copyright Council s Information Sheet Ownership of Copyright. Copyright overseas Works published in countries belonging to the major international copyright conventions and treaties receive the same copyright protection as those published in Australia. Works published in Australia generally receive copyright protection in overseas countries. WHO OWNS COPYRIGHT? Usually the creator of a work is the copyright owner, however, copyright can be shared among a number of individuals, or an organisation or corporation. As a student of the University of Sydney, you will own copyright in any works you create such as essays, assignments and your thesis.

4 PAGE 2 SCM STUDENT GUIDE COPYRIGHT OWNERSHIP AND DURATION If someone asks for permission to use your assignment or photograph, you should sign a release form setting out the types of uses permitted. If you produce a work as part of a group project, the copyright will be owned jointly by the members of the group. For more information see the University of Sydney (Intellectual Property) Rule 2002 (PDF). COPYRIGHT OWNERS RIGHTS The copyright owner has: the exclusive right to control the reproduction or adaptation of their work moral rights in their work performers rights in their work. Copyright owners can assign the copyright in their work to someone else by granting a licence, usually in return for the payment of fees or royalties. Three main moral rights: the right of attribution to be identified as the author of the work the right to take action against false attribution the right of integrity and to object to derogatory treatment of their work that prejudicially affects their reputation. Moral rights are only granted to individual authors and creators, not organisations. They remain with the creator even though the creator may have assigned their copyright to another party. Three main performers rights: to control recording and communication of their performances ownership of copyright in sound recordings of their performances moral rights in their live performances. Some performances are excluded from protection and can be recorded without the consent of the performers reading the news, participating in sporting activities, performances by members of an audience, and some performances by teachers and students during the course of educational instruction. For more information see Australian Copyright Council s Information Sheet Performer s Rights. DURATION OF COPYRIGHT Rules for the duration of copyright are complex and depend on the material, publication date, if the item was published during the creator s lifetime and if the government was involved in the production of publication of the work. Before 1 January 2005, Australian copyright protection lasted for the life of the author plus 50 years from the year of their death. After 1 January 2005 copyright usually lasts for the life of the author, plus 70 years after the year of their death. The extended term of 70 years only applies to material that was still in copyright on 1 January There was no revival of copyright that had expired before this date. For more information see Australian Copyright Council s Information Sheet Duration of Copyright. DURATION OF MORAL RIGHTS Moral rights last for the duration of the work s copyright and can be exercised by an author s legal representative after the author s death. The exception is the right of integrity in a film which lasts only until the death of the creator. DURATION OF PERFORMERS RIGHTS Performers rights in a recorded work last for 50 years from the date of the performance. Performers rights in the communication of their performance or its inclusion in a soundtrack last for 20 years from the date of the performance.

5 SCM STUDENT GUIDE PAGE 3 COPYING FOR RESEARCH OR STUDY Type of Work Copyright expired if Duration of copyright (if not expired) Literary, dramatic and musical works published Literary, dramatic and musical works unpublished The author died before 1 January 1955 Copyright does not expire it lasts indefinitely Artistic works Creator died before 1 January 1955 Photographs Films Note: underlying works are protected separately and could still be in copyright Sound recordings Note: underlying works are protected and could still be in copyright The photograph was taken before 1 January The film was made before 1 January 1955 The recording was made before 1 January 1955 Life of creator + 70 years from the year of death Copyright in unpublished works lasts indefinitely. Once the work is published copyright lasts for 70 years after the year that the author died or the date of publication. Life of creator + 70 years from the year of death Life of photographer + 70 years after the year of their death Year first produced + 70 years Year first produced + 70 years COPYRIGHT EXCEPTIONS The Copyright Act contains exceptions under the fair dealing provisions that permit copying of limited amounts of material without the permission of the copyright owner, particularly for study or research. As a student, you can copy limited amounts from copyright works: copying research information for an assignment or a thesis copying material to read as part of your course copying articles for your research assembling information to write a journal article you can copy for private research or study. You cannot: make multiple copies for distribution to your friends load your assignment containing excerpts from a movie or sections of commercial music on your website or social media site put copies of book chapters or articles on a blog copy material for teaching purposes put material online for students publish your work if it contains quotes from other people s work. How much can I copy for my research or study? You can copy a reasonable portion from a literary or dramatic work or from sheet music or a score: one chapter or 10% of a published book one article from a periodical, or more if needed for the same research or course. You can copy more if the material is out of copyright or you have permission from the copyright owner. You should consider the following five factors to decide if the copying you wish to do amounts to fair dealing.

6 PAGE 4 SCM STUDENT GUIDE FIVE FACTORS TO CONSIDER BEFORE COPYING Five factors to consider before copying Purpose and character of the dealing Nature of the material Possibility of obtaining the material commercially Effect of the dealing upon the potential market for the material Amount copied in relation to the whole of the source material If you are not copying for research or study, your dealing is unlikely to be fair. It may be less fair to copy a highly complex work than a relatively simple one. If the material is commercially available, fair dealing will not cover copying the entire work. If the material is commercially available, copying the entire work is likely to damage its economic value. It is more likely to be considered fair dealing if you only copy a small or unimportant part of the work. Artworks, images, diagrams & photos Copying 10% of an artistic work doesn t make sense in most cases. Consider the five factors before deciding if the copying amounts to fair dealing. Any changes you make to a work should not affect the moral rights of the creator. If you put the original work and your derivative work side by side and can still identify substantial parts of the original work in your derivative work, you should obtain permission to make the changes and publish your derivative work. DVDs, TV programs, CDs & sound recordings The Copyright Act does not specify how much you can copy from a film, DVD, TV program, CD or sound recording for research or study, but the following points may be helpful: you must consider the five factors before deciding if the copying you wish to do would be fair dealing you may be able to include an excerpt in an assignment or project copying an entire CD or DVD that is commercially available is not considered fair dealing you should obtain permission from the copyright owners if you plan to use the copy for a public screening or entering your project in a competition. Remember that the film and music industries take a strong line on piracy. Copying from the internet Material on the internet is protected by copyright just as print and other types of material are protected. Always check the terms of use section of the website before downloading or printing material. If terms of use are not specified, you can copy a reasonable portion, that is, one chapter or 10% of the pages. If the work is not paginated, you can copy 10% of the words in the document. Downloading material from the internet The University of Sydney s Policy on the Use of Information and Communication Technology Resources (PDF) prohibits the use of University ICT resources to download and store copyright material which is not properly licensed. Penalties can be imposed for improper use of University ICT resources, including loss of access to ICT resources, suspension of candidature and disciplinary action. You can legally copy a CD or recording that you own onto your ipod, MP3 player, hard disk or car stereo for your own private and domestic use under the Copyright Act. ALWAYS ACKNOWLEDGE YOUR SOURCES It is a legal requirement under the moral rights clauses in the Copyright Act to acknowledge the creator and sources of any material you use in your research or study. Failure to acknowledge sources could leave you open to action under the Copyright Act and could also lead to allegations of plagiarism.

7 PAGE 5 SCM STUDENT GUIDE SCM STUDENT GUIDE PAGE 5 GETTING PUBLISHED & PROTECTING YOUR MUSIC PUBLISHING YOUR WORK If you are intending to publish your work in a book, journal or online publication, you will now need to check any copyright material that you quote in your work. Generally, you don t need to obtain permission if you paraphrase or summarise someone else s work, unless you follow the structure of the original work closely. However, you will still need to acknowledge the source of the work. Note the following points if your work is being published in Australia: under Australian copyright law there isn t a minimum number of words you can use in a publication before obtaining the copyright owner s permission there have been a number of court cases in this area and the legal advice is to play it safe and obtain permission. For more information see Australian Copyright Council s Information Sheet Quotes and extracts: copyright obligations. If your work is to be published overseas: the copyright legislation in the country of publication will determine the permission you have to obtain some UK and US publishers allow you to quote a minimum number of words from a publication (often around 500 words) before they require you to obtain permission most publishers require you to obtain permission to use photographs, images, diagrams or charts from copyright works be guided by your publisher visit their website or ask your editor for advice. Obtaining permission or clearances to use material in publications is time consuming: keep accurate citations so you are ready when you need to contact publishers you don t need permission to use out of copyright works check the terms of use for websites, as the owners may give you a licence to reuse material for non-commercial purposes, such as items published under a Creative Commons licence. If you are making your work available on an internal University website you will be asked to complete a student consent form (doc). PROTECTING YOUR MUSIC If you compose or record music, you need to think about the copyright protection of your work. Here are a few points to consider: you own copyright in any academic work produced while you are a student at the University if you create or record work as part of a group, you need to agree on the management of the copyright with the other members of the group decide if you want to make your work commercially available or free for all to use decide if you want to control the way your work is used or whether to allow others to adapt or change it, provided that you are acknowledged as the original creator if publishing online, spell out the conditions of use on your website or consider using a Creative Commons licence include a statement on your work, e.g. John Smith 2014 it indicates that you claim to be the copyright owner use the symbol for recordings see the ARIA & PPCA guide How to help safeguard copyright in your recordings check contract terms carefully and seek legal advice if you are offered a contract with a music publisher or a record company before you assign some or all of your copyright to the publisher or company in return for royalty payments and other services.

8 PAGE 6 SCM STUDENT GUIDE MUSIC COPYRIGHT BASICS COPYRIGHT IN MUSICAL WORKS The Copyright Act term musical works covers written music scores, arrangements, notated music, printed sheet music and song lyrics. Sound recordings may have separate copyright owners in the music, the arrangement, the lyrics, the performance and the production of the sound recording itself. Copyright Music, score Arrangement Lyrics Editor s notes and comments Published edition typesetting, layout only lasts for 25 years Performer s rights Sound recording this copyright applies to the recording itself and is separate to any copyright in the material on the recording Owner Composer Arranger copyright will exist in new arrangements even if the music itself is out of copyright Lyricist Editor Publisher Performers must be Australian and performance in Australia after 1 October 1989 After 1 January 2005: the person who owns the recording medium (such as the master tape) performers, who have limited rights in the performance Note: Copyright owners often assign copyright to their publishers in return for royalty payments. Note: Industry agreements and contracts often override copyright. Individual performers often assign copyright to record companies. COPYRIGHT DURATION See page 4 for duration of copyright in published and unpublished works. A current arrangement of an old score will still have copyright protection. HOW MUCH OF A SCORE CAN I COPY Consider the five factors on page 4 before deciding if the copying amounts to fair dealing. It is unlikely that copying all of a five or six page score that is commercially available would be considered fair dealing. It is also unlikely that making multiple copies of a score to give to other members of a band or ensemble would be considered fair dealing if the score can be readily purchased or hired. Remember that the music industry takes a strong line on music piracy. ONLINE MUSIC SOURCES There are many internet sites offering free downloads of music, but unfortunately most of these are illegal. Much of the material on offer is pirated and has been made available without the copyright owner s permission. The University has a separate agreement, the Music Licence, which allows the performance, copying and streaming of music and sound recordings from the repertoires of the music societies involved in the Licence AMCOS/ APRA, ARIA and PPCA in return for royalty payments to the copyright owners and some restrictions on access. The Music Licence does not allow students to copy CDs and sound recordings, but it does permit lecturers to make copies of CDs or compilations needed for educational purposes. Lecturers can synchronise music and sound recordings from the societies repertoires to a film or video you produce for an assignment or as part of your course requirements. The film or video can be shown for assessment purposes as long as only University of Sydney staff and students are present. The Music Licence does not allow any downloading of music, so if you want to put your film or video online it can only be streamed to University of Sydney staff and students. Downloading of the material is not permitted if music covered by the Music Licence is included.

9 SCM STUDENT GUIDE PAGE 7 UNIVERSITY OF SYDNEY MUSIC LICENCE If you want to make wider use of the video, such as entering a festival or competition, you will need to obtain a licence from APRA to use the music. You will also need to obtain permission from the copyright owners to use any additional third party copyright material included in the video. PERFORMANCES UNDER THE MUSIC LICENCE You can perform a musical work in a class provided the class is being conducted for educational purposes and only Sydney University staff or students are present. The Music Licence allows you to perform APRA works for assessment purposes. You can also perform APRA works at a University event such as graduations, exhibition openings or free recitals. PUBLIC PERFORMANCES Public performances arranged by the University where an entry fee is charged, are outside the scope of the Music Licence and an APRA/ AMCOS licence will be needed if live music is to be performed. If you are a member of an orchestra, an ensemble, a band or a solo performer, you will also need a licence from APRA/AMCOS to perform music and lyrics in public. Any performance outside the home will probably be regarded as a public performance. If you are part of a group or orchestra consider: who manages licences for the group (possibly the ensemble director, your agent or the event venue) if no-one is responsible, delegate someone to follow up on this important task always check that copyright licences have been arranged check if the performance is being recorded this may need additional licences. RECORDING PERFORMANCES The Music Licence allows students and staff to make audio and video recordings of University events, but: you should always check with the event manager before recording any performance you should obtain performer s release forms check with ensemble director many musical works aren t covered by the Music Licence and the performance of these works can t be recorded under the Licence there are restrictions on the recording formats that you can use, as well as marking and labelling requirements you can distribute copies to University staff, students and their immediate family for private use the recordings must be free of charge or on a cost-recovery basis. RECORDING PUBLIC PERFORMANCES If you plan to record public performances outside the scope of the Music Licence, you will need the permission of the event manager before recording. PERFORMERS RIGHTS Performers may share the ownership of copyright in a sound recording of a live performance with the person or organisation who owns the recording medium. You need to obtain permission from performers if you wish to record their live performances: obtain a release form from individual performers including students ensembles and orchestras usually have agreements in place to manage this contact the director or agent first some performances are exempt from performers rights making the issue of rights more complicated. For more information see Australian Copyright Council Information Sheet on Performer s Rights.

10 MORE INFORMATION ABOUT COPYRIGHT University of Sydney Library: University of Sydney Copyright Services: Music and copyright a guide for students Australian Copyright Council (including a number of very useful fact sheets): SYDNEY CONSERVATORIUM OF MUSIC Produced by Sydney Conservatorium of Music, The University of Sydney, August The University reserves the right to make alterations to any information contained within this publication without notice. ABN CRICOS 00026A