Home Forums The DJ Booth Legality of playing music that isn't yours

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  • #2412

    Let’s say that I buy a bunch of tracks from Beatport (assorted Mord Fustang, Zedd and Benga, if you must know). What are the laws about playing and mixing them live for a crowd, at a festival for example? I’m primarily interested in the Australian laws, if you guys know anything about that. Thanks!

    #2417
    Alex Wild
    Participant

    The festival/venue [edit]SHOULD[/edit] have a live music licence.

    #2420

    Haha, “should”. So what happens if they don’t? Also, do I have to provide them with tracklistings? If so, what should they include?

    #2427
    Prof. Deusc
    Member

    Hey,
    you should check laws for your country. For example here in Italy there are very strict laws. You have to ask for permission about a week before playing and you must provide a list of the songs you played the day after the performance.
    But as Alex said a festival shuld have license, i think you’ll only have to give them the tracklisting after the performance 😉

    #1000823
    NewportDJ Drew
    Participant

    I’ll just give you the link. http://www.ppca.com.au/music-users-/tariffs/

    we really need a licence to webcast as well (including uploading mixes to off shore websites)

    #1000825
    Emma Partnow
    Member

    Hello Benny 🙂
    The Above Website is Excellent;
    However there may be Further Information in the following few Paragraphs;
    I will Highlight in Bold and Italics the Relevant Information to your Question; …

    Copyright and Music Australia

    Music Australia is simply a referral agent for the online music collections of other organisations. It cannot be held liable for matters concerning contributing organisations (such as the copyright status or description of a resource, for example).
    Please also note that this and the following information regarding copyright and moral rights relates to Australian law. If you are viewing or listening to music from Music Australia in another country you will need to check what copyright and moral rights laws apply in that country. The laws of copyright apply to works which are still within the period of copyright protection. Material which is out of copyright is said to be in the ‘public domain’ and may be used freely. Duration of copyright varies according to the type of copyright material, and may be subject to change due to the Australia-United States Free Trade Agreement. Consult the Australian Copyright Council information sheets to determine duration of the the various copyrights that may apply to resources found in this service.
    Copyright

    Copyright law is complex and constantly evolving. The following information is for guidance only and is not to be taken as legal advice. The Australian Copyright Council publishes a wide range of information sheets on copyright matters. If in doubt, assume that a work is in copyright and seek proper legal advice before using it.
    Copyright is a form of legal protection given to written material, music, films, paintings and photographs, amongst other things.
    Copyright protection extends to material created in Australia and overseas.
    Copyright law is contained in the Copyright Act 1968 and in various court decisions. Copyright protection is automatic; creators do not have to register.
    Owners of copyright have the right to control certain uses of their works. Thus permission is required from the copyright holder to:

    • reproduce their work in material form, such as in a book or newsletter
    • communicate their work to the public by any technological means, such as on a website
    • perform their work
    • include their work in a film, television or radio program.

    Duration of copyright

    The laws of copyright apply to works which are still within the period of copyright protection. Material which is out of copyright is said to be in the ‘public domain’ and may be used freely. Duration of copyright varies according to the type of copyright material, and may be subject to change due to the Australia-United States Free Trade Agreement. Consult the Australian Copyright Council information sheets to determine duration of the the various copyrights that may apply to resources found in this service.

    Moral Rights

    Following the passage of the Copyright Amendment (Moral Rights) Act 2000, you should now also be aware of moral rights.
    Moral rights are a type of copyright designed to protect the reputation of the artist. They are ‘non-economic’ rights as they do not directly confer a financial return. Unlike copyright, moral rights cannot be bought or sold or otherwise traded. Consequently, even though the composer of a piece of music may have sold (or never owned) the copyright to a musical composition, she or he is still considered by the law to be the author and thus still retains moral rights.
    There are two basic moral rights:

    • The right of attribution. This is the right of the composer or lyricist to be identified as the composer or lyricist of the piece of music (and to object to false identifications). For example, if you print a piece of music in a magazine, the creators’ names should be printed next to the music.
    • The right of integrity. This right of integrity is infringed if the work is subjected to derogatory treatment which is prejudicial to the creator’s honour or reputation. Derogatory treatment has been defined to include: ‘material distortion, mutilation or material alteration of a work’.

    [B]Permission[/B]

    Material, such as digitised sheet music, digital scores, sound files and other resources, that are freely available from the contributors to Music Australia may be downloaded or reproduced for research or study purposes only. Copyright in each digital object displayed may be owned or managed by the relevant Music Australia contributor. Any uses over and above research or study purposes may infringe copyright and the copyright owner may be able to take legal action against you. The downloaded material should not be reproduced for commercial purposes, performed, communicated in any way to the public or gathered into a compilation for re-use without the express permission of copyright owners. Any users intending commercial publication should ascertain copyright status before proceeding.
    
    As it is not always easy to determine whether a music resource is in copyright, or in the public domain, you should contact the individual organisations for advice on the copyright requirements for re-use of digital objects. While organisations may be able to assist with referrals to copyright holders, responsibility for ensuring copyright requirements are met rests with you. Check with the relevant organisation if you are unsure about the requirements.

    #2573

    I’m fairly sure that that only applies to music from the Music Australia collection. However, the links in the text have led to some interesting and useful results. I think I should be able to figure the rest of it out from here. Thanks Emma!

    EDIT: I’ve done a bit of research, and as far as I can tell, it’s the venue’s responsibility to be licensed, but the DJ’s responsibility to make sure that the venue is licensed, except for mobile DJs, who should buy a license to cover themselves.

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