Copyright and the Use of Music in Schools- HICES Heads of Music

HICES Heads of Music

Copyright and use of Music in Schools

26 October 2012Emanuel School

Jessica SmithNational Copyright OfficerNational Copyright Unit

www.smartcopying.edu.au

2

Smartcopying Website

• National Copyright Guidelines for Schools and TAFEs

• Practical and simple information sheets and FAQs

• Interactive teaching resources on copyright

• Search the site for answers to your copyright questions

www.smartcopying.edu.au

Slides available @ http://www.slideshare.net/nationalcopyrightunit/

This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted)

http://creativecommons.org/licenses/by-sa/3.0/au/

Outline

1. Voluntary Music Licences

2. AMCOS negotiations

3. S 106, s 28, s 200AB

4. iTunes

4

5

Voluntary Music Licences

• There are three voluntary music licences which cover different activities with music:

• AMCOS/ARIA/APRA Licence

• APRA Licence

• AMCOS Licence

6

Voluntary Music Licences

• All government schools are covered by the voluntary music licences.

• Most Catholic and Independent schools are covered by the voluntary music licences.

• If you are unsure whether your school is covered, you can check by contacting your school authority.

For a list of school authorities, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/513

7

AMCOS/APRA/ARIA Licence

• The AMCOS/APRA/ARIA Licence covers the use of sound recordings in schools and at school events, and making of audio and video recordings of school events involving music for non-commercial, educational and commemorative purposes.

For further information, see the Smartcopying website at:http://www.smartcopying.edu.au/scw/go/pid/703

8

AMCOS/APRA/ARIA Licence

What schools may do:

• Make Sound Records

• Make Video Recordings

• Upload to the Intranet

• Make a Live Communication- ie “Webcast” school events – over the Internet

• Sell Recordings

For further information, see the Smartcopying website at:http://www.smartcopying.edu.au/scw/go/pid/703

Making a Sound Recording

Schools are permitted to make sound recordings in any format:• to be played at a school event 

• of a school event at which music is played

• for inclusion in an electronic presentation

• to play in class for educational purposes

• to be used as part of a course of instruction

• to synchronise with recordings made of a school event

9

Making a Video Recording

Schools and the school community are permitted to make video recordings of school events at which live or recorded music is played

10

Upload to the Intranet

Schools with a password protected content repository are permitted to:• upload the copies of sound recordings, and

audio or video recordings of school events; and

• stream to staff and students.

11

Making a Live Communication

Schools are permitted to:• make a live communication – ie stream in real

time – a recording of a school event that includes music from the school’s website to the internet (ie not just within the school's intranet).

• This communication must be streamed as the event is occurring. You cannot leave a recording of the event available on the school website once the event is finished.

12

Selling Recordings

Any recordings you sell or supply:• must not include advertising or promotional material, and • must be labelled as follows:

• 'This recording has been made under a licence from AMCOS and ARIA for educational purposes only' 

• and display the following details of each musical work captured in the recording:• the title• the composer/arranger• if dubbed from a commercial recording, artist and

record company.

13

Selling Recordings

Schools are permitted to sell or supply recordings of a school event: • to members of the school community for their private and

domestic use, for free or for a fee charged solely to recover costs of staging the event; or

• to students, for their own private and domestic uses, at no charge or for no more than the direct cost of making the copy; or

• to other schools covered by the licence, for their own educational purposes, at no charge or for no more than the direct cost of making the copy

14

AMCOS/APRA/ARIA Licence

The licence does not permit you to:• Place copyright-infringing copies of music on your

school content repository• Make a video recording of a Grand Rights

Work (or a choral work of over 20 minutes duration) in its entirety

• Make a public broadcast of any recording• Upload any recordings to the internet for

download by members of the public

• Remix, sample or segue any sound recordings

15

16

APRA Licence

• Under the APRA Licence, a school and its students can perform music at the school or off-school premises at any event connected with school activities.

• This includes any live performance of music by teachers or students.

For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1047

17

APRA Licence:

The following activities are covered by the APRA Licence: School concerts and performance evenings (choirs, singing groups, school

band, orchestra or rock bands) School sports days, fitness classes, dances and formals School award nights or graduations School performances at music festivals, including music eisteddfods and

the NSW Schools Spectacular or equivalent events in other States or Territories.

Use of music-on-hold Performances by professional musicians Playing films to students which contain music where that school has a  Co-

Curricular Licence For further information, see the Smartcopying website at::

http://www.smartcopying.edu.au/scw/go/pid/1047

APRA Licence

The following activities are not covered by the APRA Licence: Performance of a grand right work (eg opera, musical play) in its entirety

(unless performed in a film played under the Co-Curricular Licence).  Performance of a Choral Work (written to be sung by a choir or group of

singers) of more than 20 minutes duration (unless performed in a film played under the Co-Curricular Licence). 

Rock Eisteddfod Challenge. Performances produced by a third party not associated or connected with

the school, unless APRA’s prior written approval has been obtained. Transmission of a performance beyond the school.

For further information, see the Smartcopying website at:: http://www.smartcopying.edu.au/scw/go/pid/1047

18

Performances requiring APRA’s prior approval

• A secondary school will need to seek APRA’s prior written approval (which must not be unreasonably withheld) where:

• The performance is in a dramatic context ( eg includes acting, costumes, scenic accessories, scripted dialogue)

• Admission fees are charged; and

• The performance is advertised or promoted outside the school community (students, teachers, staff and parents of the school).

For further information, see the Smartcopying website at:: http://www.smartcopying.edu.au/scw/go/pid/1047

19

APRA Agreement

Can my school charge fees for performances under the APRA Licence?

Yes, the school can charge fees provided the majority of proceeds go back to the school or to a charity.

The APRA Licence will not apply where admission fees are charged and proceeds do not go to the school or a charity.

20

21

AMCOS Licence

Under the AMCOS Licence, schools can copy whole print musical works for educational purposes.

Educational purposes means for use in connection with the educational activities of a school and will include any copies:

• made for teaching purposes 

• made and used as a part of a course of study

• made and retained in the library for use as a teaching resource

• made for a band, choir, orchestra or instrumental ensemble of that particular.

For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048

AMCOS Licence

• The AMCOS licence also permits the:

• transcription of the lyrics or melody line from the score of a work

• transposition from the score of the work.

• This can be done through the use of computer programs such as Sibelius or Finale.

For further information, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048

22

23

AMCOS Licence

• Copying limits apply under the AMCOS Licence.

• These limits depend on:

• The type of print musical work being copied.

• The number of originals owned by the school or teacher of the school.

• Whether the school is a primary or secondary school.

For further information about the copying limits, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048

AMCOS Licence

• Each copy of a musical work made under the AMCOS Agreement must be marked with the following:• The words “AMCOS licensed copy”

• The name of the participating school

• The date it was copied

• Where the school is not the owner of the original form, the name of the member of staff who is the owner or sufficient details to enable the owner to be identified.

24

AMCOS Licence

• Each original musical work from which a copy is made under the AMCOS licence, must be marked with the following:

• The words “AMCOS LICENCE – [NUMBER] COPIES MADE”

• The name of the participating school

• The date the copies were made

25

AMCOS Licence

• The AMCOS licence will not apply to copies made:• for private tuition, even if it takes place on the educational

institution's premises

• for external examinations

• into a digital format or the scanning of hardcopy musical works

• from music textbooks or music tutorials

• of librettos

• and changing the lyrics

• which are Grand Right Works (operas, musicals) except in limited circumstances

For further information about the copying limits, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1048

26

AMCOS negotiations

Digitisation of Sheet Music• Scanning• Communicating digitally

27

Free Exceptions

S 106

S 28

S 200AB

28

S 106

Permits the playing of sound recordings as part of the activities of a club, society, or other organisation if:• the activity is conducted not for profit; and

• the principal object of the activity is charitable or otherwise concerned with the advancement of religion, education or social welfare

29

S 28

Permits the performance and communication of musical works and sound recordings in class.

30

31

s28 Performing or Communicating Music to a Classroom• Does not apply to ‘copying’ material.

• Allows schools to perform and communicate musical works and sound recordings in class.

• It is a free use exception – no fees are paid.

See “Performance and Communication of works and audio-visual material – What am I allowed to do?” :

http://www.smartcopying.edu.au/scw/go/pid/544

32

Performing or Communicating Material to a Classroom Examples

• Play/stream music (eg. from CD/DVDs, online using interactive whiteboard, intranet or LMS)

• Stream webcasts/podcasts from online (eg. ABC iView and SBS online from interactive whiteboard, intranet or LMS)

• Sing and play instruments

• Perform plays

• Dance to music

See “Performance and Communication of works and audio-visual material – What am I allowed to do?” :

http://www.smartcopying.edu.au/scw/go/pid/544

33

Performing or Communicating Material to a Classroom Examples

S 28 will not apply to teachers and students performing and communicating musical works and sound recordings for non-teaching activities (school concerts, dances or formals, excursions, camps,

sports days and fairs)See “Performance and Communication of works and audio-visual material – What am I

allowed to do?” :http://www.smartcopying.edu.au/scw/go/pid/544

34

Can our school band perform musicat our school fete under s 28?

No, performances to the public are not permitted under s 28.

However, performing music at a school fate is permitted under the APRA Licence.

35

s 200AB: Flexible Dealing

• Rely on flexible dealing when no statutory licence (Part VA or Part VB) or free use exception (s 28) applies to your use.

• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.

• Flexible dealing will not apply where it is possible to purchase a similar teaching resource

• A free exception – no fees are paid. See information sheet:

“The New Flexible Dealing Exception – What am I allowed to do?”:http://www.smartcopying.edu.au/scw/go/pid/542

S 200AB: Flexible Dealing

1. Is my use covered by a statutory licence or exception?

2. Am I using this for giving educational instruction?

3. Am I only using what I need for educational instruction?

4. Can I purchase the format I need?

5. Will my use unreasonably prejudice the copyright owner?

37

Flexible Dealing Dos and Don’ts

• Do not use pirated material.

• ‘Just in case’ format shifting is not permitted:• Schools cannot make ‘back up’ copies of resources ‘in case’ the

original is destroyed.

• Schools are not allowed to format shift their whole library or collection (eg. from video tape to DVD or a content management system) 'just in case' it will be useful later on. Any format shifting needs to be done for the purpose of giving educational instruction in the near future.

See information sheets:

“Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542

“Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/529

38

s 200AB: Flexible Dealing Dos and Don’ts

• Don’t copy more than you need. If you copy too large an amount, it might not be covered by this exception.

• Access to s 200AB copies must be limited to those students who need to use the material for a class exercise, homework or research task

• Remove once no longer needed the s 200AB copy from the LMS, school intranet, class blog/wiki, portal or interactive media gallery as soon as practical, once no longer required for the class, homework or research task.

• Label s 200AB copies with words similar to:‘Copied under s200AB of the Copyright Act 1968’

See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?”

http://www.smartcopying.edu.au/scw/go/pid/542

39

s 200AB: Flexible Dealing - Examples

1. Compile short extracts of audio-visual material for use in class (eg making DVD of short films clips from VHS or digital files when it is not possible to purchase similar teaching resources.

2. Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording.

See information sheet:“Flexible Dealing and the Copyright Amendment Act 2006 –

What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542

40

Can I format shift some music on a CD into MP3 format to upload to Moodle for classroom exercise?

Yes, a teacher can format shift music from CD to MP3 provided:

• It is not possible to purchase the music in digital format

• Access to the MP3 copy on Moodle is limited to those students who need to use the MP3 file for the classroom activity

• MP3 copy is archived as soon as practicable after it has been used for the classroom activity

41

My language department has just purchased an expensive language CD containing listening and speaking exercises for students. Can the school make a back up copy of this CD in case it gets damaged?

A school cannot make a ‘back-up’ copy of the CD because the CD is still available for purchase.

It is a good idea to ask the publisher/distributor of the CD for their permission to make a ‘back up’ copy.

If they refuse, the school will need to purchase two copies and archive one as the ‘master’ in case the other gets damaged.

42

My library contains several programs recorded on VHS pre-1990. Can I format shift these VHS tapes into digital format to store on ClickView?

Pre 1990 recordings are not covered by Part VA. Therefore, the school will need to rely on s 200AB.

Can format shift under s 200AB where:

• The program is needed for educational instruction (teaching or preparation for teaching). Cannot do a mass format shift to create a digital library of these recordings.

• The program is not available for purchase in digital format.

43

iTunes

44

iTunes

• When buying content from the iTunes store, you must agree to the store’s Terms of Use.

• Terms state that iTunes products can only be used for: ‘personal, non commercial use’. 

• This expression may not include ‘educational use’.

45

iTunes

• We just don’t know whether the iTunes contract prohibits the educational use of content purchased from iTunes.

• There is a risk that the school might be said to be in breach of contract if its plays or copies content purchased from itunes.

• However, sections 200AB and 28 allow teachers to use sound recordings and video for educational purposes without having to seek the permission of the copyright owner.

46

iTunes

You will need to find out whether your school has decided to:

• rely on the Copyright Act exceptions, or

• avoid using content purchased from iTunes due to the iTunes contract

Resources- Creative Commons Encyclopedia – Wikipedia Photos - Flickr Videos - Blip.tv Music - Magnatune Sounds - Opsound Articles - Directory of Open Access Journals Remix community – ccMixter Creative Commons or Google search

47

Smartcopying Fact Sheets APRA Licence: http://www.smartcopying.edu.au/scw/go/pid/701

AMCOS Licence: http://www.smartcopying.edu.au/scw/go/pid/702

AMCOS/APRA/ARIS Licence: http://www.smartcopying.edu.au/scw/go/pid/703

Copying Sheet Music in Schools: http://www.smartcopying.edu.au/scw/go/pid/1048

Musical Works: http://www.smartcopying.edu.au/scw/go/pid/747

Sound Recordings: http://www.smartcopying.edu.au/scw/go/pid/752

Perform & Communicate Music in Schools: http://www.smartcopying.edu.au/scw/go/pid/1047

Performance and Communication in Class: http://www.smartcopying.edu.au/scw/go/pid/544

Creative Commons information pack: www.smartcopying.edu.au/scw/go/pid/953

Open Education/FFE Resources: http://www.smartcopying.edu.au/scw/go/pid/933

48

49

For More InformationDelia Browne

National Copyright Directordelia.browne@det.nsw.edu.au

(02) 9561 8876

Carl RuppinNational Copyright Managercarl.ruppin@det.nsw.edu.au

(02) 9561 1267

Jessica SmithNational Copyright Officer

Jessica.Smith81@det.nsw.edu.au (02) 9561 8730

http://www.smartcopying.edu.au/scw/go

http://www.slideshare.net/nationalcopyrightunit/