Legality of playing music that isn't yours
July 2, 2011 at 11:13 am #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!July 2, 2011 at 12:06 pm #2417Alex WildParticipant
The festival/venue SHOULD[/edit] have a live music licence.July 2, 2011 at 12:32 pm #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?July 2, 2011 at 2:37 pm #2427Prof. DeuscMember
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 😉July 2, 2011 at 9:48 pm #1000823NewportDJ DrewParticipant
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)July 2, 2011 at 9:56 pm #1000825Emma PartnowMember
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
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Copyright is a form of legal protection given to written material, music, films, paintings and photographs, amongst other things.
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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.
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.
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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.July 3, 2011 at 4:30 am #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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