Performing arts
Common issues
Hypothetical case study:
Free website download
Hanna has written and recorded a song
that includes some verses in her language.
She wants to distribute it on a friend’s
website because she is hoping for the
widest distribution of her music. Her friend
encourages her to make the whole song
available on the site and sign a creative
commons licence that will allow anyone to
download the music for free, to use the
work for sampling and to make commercial
uses of the music. Hanna finds that someone
has downloaded her song from the website,
and used it in their new music. Hanna is
very unhappy with the way the verses in
language have been used. She also feels
that her original song has been ripped off.
Hanna can remove her song from the
website, but she cannot stop the uses that
have already happened. She may be able
to take legal action for breach of her moral
rights, but there is no guarantee of success.
A year later Hanna is negotiating a recording
contract, but she is unable to include this
song in the deal because she has given
up so many aspects of her copyright that
the recording company won’t include it
in the deal.
Copyright collecting societies
Most copyright owners lack the time and
necessary bargaining power to manage and
exploit their copyright works. Several collecting
agencies have been established in Australia to
manage and administer the copyright of its
members for a fee, or a share of the royalties.
Some collecting organisations, such as the
Copyright Agency Limited and Screenrights,
have a legislative basis for collecting royalties.
Others are voluntary organisations which artists
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are required to join. APRA I AMCOS, CAL,
Screenrights and Viscopy are the most relevant
collecting societies for copyright owners in
dramatic or dance works.
Australasian Performing Right
Association/Australasian Mechanical
Copyright Owners Society
The Australasian Performing Right Association
(APRA) collects and distributes licence fees for
the public performance and communication
(including broadcast) of its members’ musical
works. Public performances of music include
music used in pubs, clubs, fitness centres,
shops, cinemas, festivals, whether performed
live, on CDs or played on the radio or
television. Communication of music covers
music used for music on hold, music accessed
over the internet or used by television or
radio broadcasters.
The Australasian Mechanical Copyright Owners
Society (AMCOS) collects and distributes
‘mechanical’ royalties for the reproduction of
its members’ musical works for many different
purposes. These include the manufacture of
CDs, music videos and DVDs, the sale of
mobile phone ring tones and digital downloads,
the use of production music and the making
of radio and television programs. Since 1997,
APRA has managed the day-to-day operations
of the AMCOS business.
For more information about APRA I AMCOS
visit <www.apra.com.au>.
Copyright Agency Limited (CAL)
CAL is an Australian copyright management
organisation that provides a bridge between
creators and users of copyright material.
CAL is the non-exclusive copyright agent
for authors, journalists, visual artists,
photographers and publishers to license
the copying and communication of works
to the general community.
Performing arts
Common issues
CAL manages licences for the copying and
digital communication of print material by
educational institutions, government agencies,
corporations, associations, places of worship
and other organisations.
Authors must register to receive monies directly
from CAL. If not registered, the monies may
go to the publisher who is then responsible
for passing on the author’s share under the
terms of the publishing contract.
For more information about CAL visit
<www.copyright.com.au>.
Screenrights
Screenrights is a non-profit organisation that
collects royalties from television broadcast of
copyright work. It distributes this money to the
producers, screenwriters, distributors, music
copyright owners, copyright owners of artistic
works and other rights holders in the
copied programs.
To help filmmakers market their programs to
educational institutions and assist teachers
in getting the most out of their copying licence,
Screenrights set up <www.enhancetv.com.
au>. This site gives educators free resources
for using television in the classroom, as well
as a weekly email guide of TV highlights.
Screenrights also administers provisions in the
Copyright Act that allow pay television operators
to retransmit broadcasts as part of their service
provided they pay royalties to the underlying
copyright owners. Copyright owners in TV can
register titles with Screenrights to collect these
royalties. They can also make their registration
global, appointing Screenrights International
to collect any royalties being held for them by
other similar societies in Europe, Canada and
the United States. This enables filmmakers to
maximise their returns and minimise their costs.
For more information about Screenrights visit
<www.screenrights.com.au>.
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Viscopy
Viscopy is the copyright collecting society for
visual artists in Australia and New Zealand.
Established in 1995, Viscopy is the main point
of contact for those wishing to clear copyright
for the reproduction of artistic works. Of its
2000 members, approximately half are
Indigenous artists or their estates.
Viscopy negotiates copyright transactions
between the artist and the user for
reproductions of artistic work in advertising,
publications, newspapers and electronic media
such as television, cinema, the internet and
CD-ROM.
Viscopy oversees associated contracts,
negotiations, legal requirements and the
distribution of royalties. There is no
membership fee to join Viscopy, however, an
administrative charge applies to clearances.
Payments are made to artists half yearly.
For more information about Viscopy visit
<www.viscopy.com.au>.
Arts Law Centre of Australia
The Arts Law Centre of Australia gives legal
advice to artists, writers and filmmakers on
matters relating to arts practice. The Arts Law
Centre has a website (www.artslaw.com.au)
which publishes useful information sheets on
copyright and the arts.
In 2004, the centre established the ‘Artists
in the Black’ program which employs an
Indigenous legal officer and an Indigenous
information officer. An Indigenous reference
group oversees the program . The ‘Artists in
the Black’ program goals include:
• providing legal service and information
to Indigenous artists, arts organisations
and communities
• providing informed advocacy work on
issues relating to Indigenous cultural and
intellectual property.