Musical Works
Definition
In the Copyright Act, 'musical works' refers to written musical items such as musical scores for opera, operetta, orchestral, ensemble, band and other musical performances as well as music for songs, jingles and incidental music whether in the material form of sheet music, broadsheets or other notation.
Lyrics or words to a song are also considered musical works, but they are a separate copyright to their musical score.
A published edition of a musical score or lyric is protected by a separate copyright, as are new arrangements even if the copyright in the underlying musical work has expired.
Recorded music is treated separately in the Copyright Act. Sound recordings have their own restrictions and limitations.
Rights of Copyright Owners
Copyright owners of musical works have control over the rights to do the following in relation to their works:
- reproduce the work in material form;
- publish the work;
- perform the work in public;
- communicate the work to the public;
- make an adaptation of the work and
- do any of these acts in relation to an adaptation of the work
Duration of Copyright
Copyright in literary, dramatic and musical works published, performed, broadcast or recorded and offered for sale in the author's lifetime lasts for the life of the author plus 70 years from the end of the year of the author's death.
Copyright in literary, dramatic and musical works NOT published, performed, broadcast, recorded and offered for sale during the author's lifetime lasts for 70 years from the end of the year of first publication, performance or broadcast.
Copyright in literary, dramatic and musical works made for, or first published by a government, or in which copyright is owned by a government, lasts for 50 years from the end of the year of first publication.
Copyright in works first published anonymously or under a pseudonym lasts for 70 years from the end of the year of first publication.
Note: Audio recordings of early music, e.g. classical music, are not necessarily copyright free. The composition and lyrics will most likely be out of copyright, but the date the recording was made will determine whether or not copyright in the recording itself has expired. If copyright protection still applies, permission will be required from the recording company.
See Australian Copyright Council Info Sheet G23 for more information about duration of copyright.
Limits on Copying, Communication and/or Performances
Generally, permission will be needed from the copyright owners before a musical work may be copied, communicated or performed. There are only very limited circumstances under which a musical work may be copied, communicated or performed without permission from the copyright owners.
If you would like to reproduce, communicate or perform a musical work for educational purposes then refer to Guidelines for Using Copyright Material for Educational Purposes.
If you would like to reproduce, communicate or perform the work(s) for the purposes of Study or Research, you need to refer to the Fair Dealing Provisions.
You may also be able to reproduce a literary work that you own for personal use.
If you would like to reproduce, communicate or perform the work(s) for any other reason, - commercially, for open access publication, commercial publishing - or you wish to use more than the provisions allow, you will need to seek permission. See Requesting Permission From a Copyright Owner to Reproduce Material for further information.
Acknowledgements
It is important that the source of the material and the moral rights of the copyright owner are acknowledged and properly attributed.
If the copyright owner is unknown, indicate 'Copyright owner unknown. All reasonable attempts made to identify. If you are the copyright owner or know who they are please advise us'.