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Under Australian law, all data and sound recordings are automatically copyright until the author or composer has been dead for 70 years. We strictly adhere to Copyright Law, and will transfer your data or audio only if you own the copyright or have a licence from the relevant authorities, or if the data or recording is not subject to copyright.
That's a simple summary of copyright law in Australia, but the reality of it is more complicated. Different rules apply if the copyright is owned by the government, or if the material was already in the public domain when the law changed on 1st January 2005 (which was a result of Australia signing a free-trade agreement with the USA).
For example, if copyright had expired under the old rules which applied until 1st January 2005, then the material remains in the public domain, and the new 70 year rule does not apply. Also, if the copyright owner is the Commonwealth government, or a State or Territory government, then the old laws apply, and copyright will continue until 50 years from the end of the year in which it was made, or from the end of the year of first publication.
Copyright relating to broadcast signals has also not been affected by the Australia/USA Free Trade Agreement, and so copyright in a broadcast signal remains for 50 years after the end of the year in which the broadcast was made.
For more detailed information about copyright duration, find the Information Sheet titled Duration of Copyright on the website of the Australian Copyright Council.
On 1st January 2007, the copyright law was changed to allow individuals to copy audio from one format to another format, as long as the original media is legitimately owned by the individual. The law is complicated, and there's more to it than that, but for example, if you own a CD, you are legally allowed to make an MP3 file of it, or copy it to audio cassette. If you own an LP record, you are allowed to copy it to a CD.
Unfortunately, the law explicitly forbids anyone copying audio and video that is subject to copyright as a commercial service or for any profit or benefit. Therefore, we are not able to copy your audio unless you own the copyright or have written permission from the owners of the copyright.
Any schools intending to copy musical works which are subject to copyright, are advised to see the relevant page on the APRA web site.
Most schools are covered by a licence that allows them to copy music that is subject to copyright. Schools that are covered include:
If schools are NOT covered by the licence, then they may take out individual licence's whenever they wish to make a copy of copyright music.
The following list includes examples of events that would be covered by a Licenced school. The list is not exhaustive:
The following is based on information supplied by AMCOS and ARIA on 23rd January 2002.
If you play music to the public as a DJ, you, or the venue, must have a current licence from APRA (Australasian Performing Right Association - 9935 7900).
The ownership of a licence from APRA does NOT automatically give you the right to RECORD your performance.
To record your performance you must obtain two separate licences. The licence from AMCOS is for the copyright that exists in the musical work (regardless of who has recorded it). Permission must also be obtained from each of the record companies whose work you have used, as they own the copyright of the actual sound recording.
There is no guarantee that a record company will give permission to use its work, as each artist needs to be asked for their permission and it is up to them to decide whether they will allow it to be used or not, and for what price. Also, it is possible that the record company may need to hear the mix you have created before they can give permission to use it.
We cannot copy your demo CD unless you can show us written permission to do so from all the relevant owners of copyright.