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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    For unpublished materials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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