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 50 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>. 51 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.

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