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Copyright > In Music
Copyright in Music
Q. What does Copyright cover?
Copyright covers all elements of a published item of printed
music, including the composition, arrangement, edition, lyrics (and
translation), editorial comments or markings and any images included in the
music cover or the item itself.
Q. Who owns the copyright ?
Usually the creator of the work, for example the composer,
lyricist, artist, etc all be copyright owners. In addition the creator can
assign the copyright to third party in some cases the publisher.
Q. How long does copyright last ?
As a general rule, the duration of copyright protection for an
item of music is determined by the copyright laws in the country of publication
or creation. In Australia the following applies:
For published music
- Copyright in an original musical work
Since 1 January 2005, an item of published music is protected for 70 years after the death of the creator, which includes the arranger, translator, editor and lyricist where applicable, as well as the artist of any images shown on the music. Previously copyright lasted for the life of the creator plus 50 years, therefore if copyright had expired by 1 January 2005, it remains expired and the material can be used freely.
- Copyright in a published edition
Specific published editions of music are protected for 25 years after the date of publication. For example a specific edition of a Mozart symphony published in 1985 would be in domain until 2010 even though Mozart died over 50 years ago. You should not assume that editions with no date are not covered by copyright legislation.
For unpublished materials
Music that has not been published during the lifetime of the creators is covered by copyright in perpetuity. If the material is required for research purposes, it may be copied 50 years after the death of the creator. For material which does not meet this criterion, researchers must first obtain the written permission of the relevant copyright holder(s).
Q. What other rights and conditions I have to consider?
There are also rights, conditions and special licence arrangements
that pertain to the public use of print music, including performing, recording,
teaching or broadcasting music. Information and advice is available from the
Australasian Performing Right Association (APRA) and the Australasian
Mechanical Rights Association (AMCOS) http://www.apra.com.au/
Q. Can I copy a piece of music if it is out of print or not
commercially available?
Copyright protection still applies. Therefore it is your
responsibility to:
- check the item for its copyright status
- check availability for purchase of item through a specialist
music print retailer
- contact the publisher or copyright owner for permission to copy, if possible. Many
publishers may make a copy for you or authorise you to make a licensed copy
(AMCOS Print Music section provides information to users about specific items
of music).
Music can be copied in libraries under 'fair dealing' exemptions
of the Copyright Act for the purposes of research and study or for criticism
and review. However, you will need to demonstrate that you have followed your
obligations under the Copyright Act.
For more information
A Practical Copyright Guide to the
use of print music in Australia is published by the Australasian Mechanical
Rights Association (AMCOS). Further information may be available from the Australasian Performing Right Association (APRA) and the Australian Copyright
Council.
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