Sound Recordings
Definition
Sound recordings refers to recorded music or songs but can also be recorded speech or other sounds. Sound recordings are usually contained in the following formats: vinyl records, compact discs, mp3, audiotapes and cassettes, reel to reel tapes, cartridges and other fixed or recorded sounds.
Written music, e.g. scores and lyrics, has its own category with its own requirements and limitations. See Musical Works.
Rights of Copyright Owners
Copyright owners of sound recordings have control over the rights to do the following in relation to their works:
- reproduce the work in material form;
- publish the work;
- perform or play the sound recording in public;
- communicate the work to the public;
- make an adaptation of the work;
- broadcast the work, or transmit it to subscribers;
- rebroadcasting television and sound broadcasts;
- make an adaptation, e.g. an arrangement or transcription of a musical work; and
- do any of these acts in relation to an adaptation of the work.
Duration of Copyright
If the sound recording was made before 1955 then copyright has expired. The Sound Recording is in the public domain and permission is not required to reproduce or perform the work.
If the sound recording was made after 1955 but before 1 May 1969 then copyright lasts for 70 years from the end of the year the recording was made.
If the sound recording was made after 1 May 1969 then copyright lasts for 70 years from the end of the year the recording was first published.
Note: The copyright in sound recordings exists independently of the copyright in any literary, dramatic, musical or artistic works recorded in them. This is important when considering any copying or communicating and obtaining permissions from copyright owners. Sound 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 or Performances
Generally, permission will be needed from the copyright owners before a sound recording may be copied, communicated or performed. There are only very limited circumstances under which a sound recording may be copied, communicated or performed without permission from the copyright owners.
The University of Melbourne has recently become a party to the AVCC Music Licence. This industry licence is between the AVCC, the music collecting societies and participating universities. It provides participating universities with limited rights to reproduce, communicate online (i.e. to make available online on a web site or to send via email) and/or perform music for educational purposes within certain limitations. The licence also permits some limited non-educational uses. For more information see: The Music Licence in Brief
In addition, under Part VA of the Statutory Licence you can reproduce or communicate sound recordings that have been copied from radio broadcasts. For more information see: Using T.V. & Radio Broadcasts 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.
If you would like to reproduce sound recordings for personal use, refer to the Personal Use Provisions.
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.
Downloading MP3 Files from the Internet
Music is readily available for download from the Internet both legally & illegally. Just because music can be freely downloaded does not mean that it is copyright free and that you can download it for personal or any other use. Some recording companies and/or artists are making music available for legitimate download free of charge. You should be careful about downloading free music, as it is more likely to be an infringing copy and the copyright owner probably has not given their permission for the material to be communicated on the web.
Music that is purchased and downloaded legitimately from sites such as iTunes, BigPond or Ninemsn may also be restricted to personal use only. This means that music downloaded from these sites can not be used for educational purposes or any other uses.
Check the Terms & Conditions of the website as this will indicate what you can and can not do with the music that you download. The Terms & Conditions of a website may also help to indicate whether or not it is a legal site. If you are in any doubt about the legality of the site, do not download anything. Staff and Students are not permitted to infringe copyright and the University takes any alleged infringement seriously.
Acknowledgements
It is important that the source of the material and the moral rights of the copyright owner are acknowledged and properly attributed. For sound recordings, it recommended that the following information be included:
- the title of each work;
- the name of each composer, lyricist and arranger of the work;
- the artist/group and the record company label.
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'.