The Music Licence in Brief
The Music Licence is an industry licence between Universities Australia, the music collecting societies and participating universities, including the University of Melbourne. It provides participating universities with limited rights to reproduce and/or perform music for educational purposes within certain limitations. The licence also permits some limited non-educational uses. It does not cover the reproduction of print music (e.g. notated sheet music).
For further information about using music for educational purposes, refer to the Guidelines for Using Copyright Material for Educational Purposes.
If you would like to reproduce music, either recorded or sheet music, for research or study purposes it may be possible under the fair dealing provisions.
There are limited provisions for copying music for personal use. For more information see: Personal Use.
- Create Compilation CDs, DVDs etc.
- Give & Record Public Performances
- Provide Background Music
- Stream Music via an Intranet
- Convert Formats
- Other Uses
Who are the Music Collecting Societies?
There are 4 Music Collecting Societies - APRA, AMCOS, ARIA and PPCA.
APRA (Australasian Performing Right Association): represents songwriters and publishers and manages their assigned performance rights in all past and future musical works. APRA collects performance and broadcasting fees from television and radio stations, clubs, pubs, live venues and other organisations which play music. The fees are then distributed as royalties to their members. The APRA repertoire is available at http://www.apra.com.au/site/public/searchworks.stm.
AMCOS (Australasian Mechanical Copyright Owners' Society): association for music publishers and writers. It is a copyright collection society and manages the reproduction rights of print musical works from music publishers and writers.
ARIA (Australian Record Industry Association): an industry organisation representing recording artists and provides some licensing for use of sound recordings. ARIA's repertoire is available at http://www.aria.com.au/pages/documents/sound_recording_label_list.pdf.
PPCA (Phonographic Performance Company of Australia): represents record companies in a similar way that APRA represents songwriters and publishers. PPCA manages the performance rights in sound recordings and collects performance and broadcast fees in relation to sound recordings and music videos.
What You Can Do Under The Music Licence
Create Compilation CDs, DVDs etc.
Under the Music Licence, it is possible to create compilation CDs or DVDs of either video or audio recordings for educational purposes under all the following conditions:
- the recordings included are either AMCOS Works or ARIA Sound Recordings;
- to find out if a sound recording or musical work is covered by the Music Licence search either Music Australia or the APRA/AMCOS web site;
- the recordings are provided to students and staff for the analysis of the works as part of either a course or classroom based activities;
- access is limited to students and staff for their private domestic listening or viewing;
- the recordings include the required notices and comply with marking requirements (for further information refer to the Creating Compilation CDs for Educational Purposes);
- any charges levied for the recordings are for cost recovery only.
Give and Record Public Performances
Students and staff will be able to perform in public APRA Works and PPCA Sound Recordings so long as:
- the public performance is for educational purposes, or
- the public performance is given at or part of a University event, or
- the performance is for the sole benefit of University employees.
University Events
The Music Licence defines a University Event as an event organised by, authorised by or held at the University. This includes live musical performances by students. Events where a University venue has been hired by a third party for non-educational purposes are not included.
The Licence also allows video or audio recordings of public performances for educational purposes provided that:
- the recording is of a University event;
- the audio recording is provided to staff and/or students for analysis as part of a course of instruction or part of classroom related or based activities;
- the video recording is made by staff and/or students as part of a course and is only played at a University event;
- students and staff are also able to make a video recording (in any format) for their own private and domestic listening or viewing;
- any recordings supplied by the University must be restricted to staff and students and must comply with the labelling and marking requirements (for further information refer to Performing Music for Educational Purposes)
The Licence does not include the rights to perform or make a video recording (either in full or excerpts) of:
- Grand Rights Works - works where the performance of a musical work is combined with a dramatic performance and may also include a narrative, plot, costumes & scenery. Examples of Grand Rights Works include musical comedies, operas, operettas and ballets. Grand Rights Works are usually exclusively licenced by the copyright owner, rather than through a collecting society. Grand Rights Works can also be known as Grand Rights Performances.
- musical works in a dramatic context;
- musical works or associated words composed for a ballet if accompanied by a visual representation of that ballet;
- a choral work of more than 20 minutes duration.
It is also not permitted to charge an entry fee, even on a cost recovery basis, for a performance.
If University premises have been let or hired to a third party (including a student) for non-educational purposes, a separate licence is required to perform APRA works and PPCA sound recordings.
Background Music
The Licence permits the use of music incidentally, e.g. as background music for atmosphere etc. at a University event or for the sole benefit of employees in the workplace.
Stream Music via an Intranet
It is possible to stream either an audio or video recording via an intranet to staff and students. Access must be restricted to University of Melbourne staff or students and only available via a username and password. The recording must be for educational purposes and meet all the following conditions:
- the recordings included are either AMCOS works or ARIA sound recordings;
- the recordings are provided to students and staff for the analysis of the works as part of either a course or classroom based activities;
- the recordings include the required notices and comply with marking requirements (for further information refer to the Guidelines);
- the recordings are only available for streaming - they must not be available for downloading.
A streaming server service is available; contact Digital Media Services or the Copyright Office for more information.
Converting Formats
The Licence permits audio and video recordings to be made in any format. For audio recordings this includes cassettes, compact discs, CD and DVD recordable and IT system drives. For video recordings, this includes VHS, Betamax, CD and DVD recordable and IT system drives. IT Systems drives include iPods, Mp3 players or a PC disk drive. Recordings placed or stored on IT system drives must be not be able to be downloaded, although it may be streamed via an intranet (see above). The Music licence does permit any downloading of recordings.
Other Uses Included in the Licence
In addition, APRA Works and PPCA Sound Recording can be used as on-hold music for University telephone systems.
It is also possible to synchronise AMCOS Works and ARIA Sound Recordings with audio or video recordings for educational purposes. Synchronisation is the process by which a soundtrack is combined with another audio or visual recording. For example, including background music to a film or combining music and dialogue in an audio recording.
What You Cannot Do Under The Music Licence
The Music Licence does not permit anyone to:
- download or email AMCOS works or ARIA sound recordings;
- reproduce, communicate or perform infringing copies, e.g. pirate copies or copies downloaded illegally. Even copies purchased and downloaded from legitimate online music sites such as iTunes or BigPond cannot be used under the Music Licence, as the terms and conditions of the web site would prevent it. The original item that you intend to reproduce, communicate or perform must be a legitimate copy, e.g. a recording that you own or have borrowed from the library;
- reproduce sheet music and other literary, dramatic or artistic works (you may be able to reproduce limited portions of these under the Statutory Licences for educational purposes or the Fair Dealing provisions;)
- reproduce cinematographic films, including music videos (you may be able to reproduce these under the Part VA statutory licence which allows TV broadcasts to be copied. See Using TV & Radio Broadcasts for Educational Purposes).
- broadcast any musical work or sound recording;
- make reproductions of AMCOS works or ARIA sound recordings for the purpose of making them available either via an intranet or the Internet for the general public;
- reproduce sound recordings other than ARIA sound recordings;
- perform or make a video recording (either in full or excerpts) of:
- Grand Rights works - works where the performance of a musical work is combined with a dramatic performance and may also include a narrative, plot, costumes & scenery. Examples of Grand Rights Works include musical comedies, operas, operettas and ballets. Grand Rights Works are usually exclusively licenced by the copyright owner, rather than through a collecting society. Grand Rights Works are also known as Grand Rights Performances.
- musical works in a dramatic context;
- musical works or associated words composed for a ballet if accompanied by a visual representation of that ballet;
- a choral work of more than 20 minutes duration;
- charge an entry fee (even on the basis of cost recovery) for any event or occasion where APRA Works or PPCA sound recordings are performed in public;
- perform musical works at a University venue which has been let or hired to a third party, staff member or student for non educational purposes;
- perform any musical work with new or substituted or prohibited lyrics (as notified by APRA) or as a burlesque or parody;
- make any unauthorised recordings (including videos) that breach performer's rights outlined in Part XIA of the Act (more information).
Music Licence FAQs
- How do I know if the music I would like to use is included in the Music Licence?
- Can I copy sheet music?
- How do I find out what musical works and/or sound recording are included in the Music Societies' repertoires?
- What if the song I want to use is not included in the Music societies' repertoires?
- Can I create a compilation CD of songs for my students?
- Is there a limit to the number of songs that can be included on a compilation CD? Can I copy an album?
- We would like to recoup our costs in compiling the compilation CD: can we do this?
- Can I burn songs that I have purchased from iTunes onto a compilation CD to give to my students?
- Can I play a song in one of my lectures? I would also like to record the lecture.
- Can I then make this recording available on Lectopia?
- We would like to play some background music at a University event, is this allowed?
- My students are performing music as part of their assessment: can I record their performance?
- I am presenting a paper at a conference and would like to play a song to illustrate a point: can I do this under the Licence?
- Can I put a song on the LMS (e.g. Blackboard or Webraft) for my students to download?
- Can I convert the format of some recordings I use in my lecture from an audio cassette to a CD to make playing easier?
- Can we charge an entrance fee for our student events? We would like to try and recover some of our costs.
- Students are putting on a public performance as part of their class requirements: is this covered by the Licence?
- We have a venue that we let or hire to third parties such as community groups or students for public performances: is this covered by the Music Licence?
- What if I want to use music in a way that is not covered by the music licence?
- Can students include music in films that they create as part of their class requirements?
- What if students wanted to include that film in their portfolio, or enter the film into a film festival, would the use of music still be covered by the Music Licence?
How do I know if the music I would like to use is included in the Music Licence?
To find out if a sound recording or musical work is covered by the Music Licence search either Music Australia or the APRA/AMCOS web site. If you are unable to locate the required work, please contact the Copyright Office for assistance.
Can I copy sheet music?
No; the music licence does not include copying sheet music. Limited amounts of sheet music can be copied under the Statutory Licences for educational purposes and under fair dealing for the purposes of research and study. For more information refer to the Using Sheet Music for Educational Purposes and also fair dealing.
How do I find out what musical works and/or sound recording are included in the Music Societies' repertoires?
The Music Societies' repertoires are extensive and new material is constantly being added. To find out what music is included in the repertoires and can be performed or recorded under the Music Licence search either Music Australia or the APRA/AMCOS web site.
What if the song I want to use is not included in the Music societies' repertoires?
If you are unable to locate the required work, please contact the Copyright Office for assistance.
Can I create a compilation CD of songs for my students?
Yes, you can create a compilation CD, so long as the following three conditions are met:
- the use is for educational purposes, and
- the music included on the CD must be part of the repertoires of the Music Collecting Societies, and
- the conditions for making recordings such as recording limits, marking requirements etc. must also be met. For more information refer to the Creating Compilation CDs .
Search either Music Australia or the APRA/AMCOS web site to find out if the music being included on the compilation CD is included in the repertoires. If you are unable to locate the songs you want, please contact the Copyright Office for assistance.
Is there a limit to the number of songs that can be included on a compilation CD? Can I copy an album?
No, there is no limit to the number of songs that can be included on a compilation CD, so long as all songs included are being copied for educational purposes. It is also possible to copy complete albums for educational purposes.
We would like to recoup our costs in compiling the compilation CD: can we do this?
Yes, the compilation CD may be supplied for no charge or on a cost recovery basis. It is permitted to include the cost of the format medium. If recordings are supplied on a cost recovery basis then it is recommended that a copy is made available to students without charge in another form, e.g. on reserve in a library.
Can I burn songs that I have purchased from iTunes onto a compilation CD to give to my students?
No, music purchased from iTunes or other online music stores, such as BigPond, will have their own terms and conditions which will prevent them from being used under the Music Licence. Any music performed or reproduced under the Music Licence must be legitimately obtained, e.g. on a CD you own or have borrowed from the library.
Can I play a song in one of my lectures? I would also like to record the lecture.
Under the Copyright Act, you have always been able to play music in lectures for educational purposes but you have not been able to include them in recordings of lectures, e.g. Lectopia. While the song was playing, the recording had to be stopped. The only exception was if the song or music had been copied from a radio or television broadcast under Part VA of the Statutory Licence. If this was the case, the sound recording could be copied as part of the lecture so long as access to the recording was restricted to staff and students.
Under the Music Licence, any music from the music societies' repertoires can be performed and recorded for educational purposes. If music is recorded as part of the lecture then it must comply with the marking requirements outlined in the Music Licence guidelines. It is sufficient to verbally fulfil the marking requirements, i.e. by announcing in the lecture the information about the work that needs to be included. If the recording is made available on Lectopia, it can only be streamed. It may not be made available for download under the Music Licence.
In addition, the music licence allows music to be played in lectures as incidental or background music.
Can I then make this recording available on Lectopia?
Yes, so long as access to the Lectopia is restricted to students or staff and access is only via a username and password and the music recording is streamed. It may not be made available for download under the Music Licence. If music is recorded as part of an Lectopia then it must comply with the marking requirements outlined in the Music Licence guidelines. For further information about Lectopia see Book Lectopia .
We would like to play some background music at a University event, is this allowed?
Yes, APRA works and ARIA sound recordings can be used as background music. Search either Music Australia or the APRA/AMCOS web site to make sure that the music you would like to use is covered by the Music Licence. If you are unable to locate the required work, please contact the Copyright Office for assistance.
My students are performing music as part of their assessment: can I record their performance?
Yes, student performances can be recorded either as audio or video recordings, so long as the recording is made for educational purposes. In this case, you are making the recording as part of a course of instruction. It is also possible for students or staff to make a recording of a performance at a University event for their own private and domestic use. Recordings must comply with the marking requirements outlined in the Music Licence guidelines.
I am presenting a paper at a conference and would like to play a song to illustrate a point: can I do this under the Licence?
Yes, if the conference is a University of Melbourne conference, i.e. it is hosted or sponsored by the University and you are a staff member or student of the University of Melbourne.
If the conference is an external conference using the University as a venue for the conference then performing a sound recording is not covered by the Music Licence and permission may be required. For more information, see Conferences.
Can I put a song on the LMS (e.g. Blackboard or Webraft) for my students to download?
No, the Music Licence does not allow music to be downloaded or communicated by email. It is possible to stream or make the work available for listening only if it is for educational purposes via a University intranet so long as access is restricted to students and staff, a username and password is required for access and that the notice and marking requirements outlined in the guidelines are followed. A streaming server service is available from Digital Media Services.
Can I convert the format of some recordings I use in my lecture from an audio cassette to a CD to make playing easier?
Yes, both audio and video recordings can be made in any format (CDs, DVDs, audio cassettes, video cassettes or IT system drives such as iPods, mp3 players and PC disk drives).
Can we charge an entrance fee for our student events? We would like to try and recover some of our costs.
No, entrance fees - even for cost recovery - cannot be charged for public performances of APRA works or PPCA sound recordings under the Music Licence.
Students are putting on a public performance as part of their class requirements: is this covered by the Licence?
Yes, students can perform music in public either for educational purposes or at a University event as incidental or background music, so long as the works are included in the APRA and PPCA repertoires. Entrance fees may not be charged.
We have a venue that we let or hire to third parties such as community groups or students for public performances: is this covered by the Music Licence?
No, unless the performance is for the educational purposes of the University (i.e. in connection with a course of instruction or study and its administration and assessment) then it is not covered by the Music Licence.
What if I want to use music in a way that is not covered by the music licence?
If you would like to use music in a way that is not covered by the Music Licence, e.g. perform or record music that is not part of the Music Societies' repertoires or reproduce sheet music, please contact the Copyright Office for assistance.
Can students include music in films that they create as part of their class requirements?
Yes, so long as the music used is part of the Music Societies' repertoires. The Music Licence allows sound recordings to be synchronised with audio or video recordings for educational purposes.
What if students wanted to include that film in their portfolio, or enter the film into a film festival, would the use of music still be covered by the Music Licence?
No, the Music licence only allows music to be recorded or synchronised for educational purposes. If students want to include any work with music reproduced under the Music Licence in their portfolio or as part of a film festival or similar, they would need to get a separate licence from the Music Societies.