Performing in Public

1. Overview

Copyright owners of literary, dramatic or musical works have the exclusive right to perform the work in public. The corresponding right for owners of films is to cause the film to be seen or heard in public. For owners of sound recordings, it is to cause the recording to be heard in public.

The consequence of this public performance right is that you have to obtain permission from the copyright owners, and pay a licence fee, for public performances of copyright works, sound recordings, or films. This is the case even if you do not charge an entry fee. Just about every situation that is not private and domestic is considered to be in public.

The major exception is the classroom, which the law deems not to be ‘in public' as explained in the next section.

2. Classroom is not 'in public'

Section 28 of the Copyright Act 1968 deems performances in a classroom in the course of educational instruction not to be 'in public', so long as the audience is limited to those taking part in the instruction (ie staff and students only). The performance may be by the teacher or the students. The term ‘class' covers lectures, tutorials and other forms of face-to-face instruction. It does not cover online courses of instruction.

The following activities are all allowed in class, including classes conducted by videoconferencing (ISL), without seeking permission:

However, this s28 does not apply to any subsequent reproduction or communication, if you want to webcast the lecture or record and videostream the lecture on Blackboard or a course website. See Copyright Bulletin #30 for what can be included in recordings for videostreaming under other sections of the Act and/or licences.

3. Music in public

In general, if you organise any kind of performance, such as concert, you would normally require permission and/or a licence from the copyright owners of the music or their royalty collecting society. This is required whether you use live performers or a sound recording of the music, and whether you charge an entry fee or not. Even if students are performing the music as part of their assessment, if parents or other members of the public are admitted, you need the copyright owners' permission.

3.1 Public performances covered by the Tertiary Music Licence

Under the University's Music Licence, you may perform live music or play sound recordings at free "University Events". Contact the Copyright Officer if you are unsure whether your event would fall under the definition.

3.2 Public performances NOT covered by the Tertiary Music Licence

If it is a "University Event" as defined in the licence but there is an entry fee, it will not be covered. If you charge an entry fee for your University Event, you will have to take out a separate licence with APRA and/or PPCA for your particular event or venue. For more information, see Obtaining licences below.

The licence does not cover performances of dramatic musical works such as musicals, opera, and operetta, referred to in the licence as "grand rights works". If you wish to perform an opera or musical theatre work that is still in copyright, you must contact the rights holders directly. Nor does the licence cover the performance of musical works in a "dramatic context." If you think your planned performance might constitute "dramatic context", contact APRA's Theatrical Licensing section to clarify. If it is, you will have to negotiate directly with the rights holders.

Events organised by student organisations such as student unions and guilds that have a separate legal entity from the University are not covered by the Tertiary Music Licence. Such organisations are responsible for obtaining their own licences.

3.3 Obtaining licences for public performance

Obtaining licences for public performance is fairly simple. You should go to the following websites and find the sections on licensing:

• APRA-AMCOS - for a licence to play musical compositions
• PPCA - for a licence to play sound recordings

If you are playing recorded music, you will need licences from both organisations.
These organisations do not have the authority to license performances of dramatic musical works, referred to as "grand rights works". If you wish to perform an opera or musical theatre work that is still in copyright, you must contact the rights holders directly.

If you are causing a sound recording of music to be heard in public, you usually need to get permission from two different copyright owners. In addition to the owner of the musical composition, you need to get permission from the owner of the sound recording. This is usually the record company. Even if there is no longer any copyright in the musical work, a work by Beethoven for example, you will still need to get permission from the sound recording copyright holder. The copyright owner of the musical composition is usually the publisher or composer. In Australia, most publishers and composers license public performance through the Australasian Performing Right Association (APRA). In Australia, the major record companies license public performance through the Phonographic Performance Company of Australia (PPCA).

Under Australian law, the occupier of the premises where the performance takes place is ultimately responsible for ensuring copyright permissions are obtained. If you use University premises for events at which music will be heard in public, you must ensure that music licences are in place. If you hire premises from another organisation for events, you should check your hire agreement to see who is responsible for obtaining music licences and ensure that one is obtained. On the other hand, if you hire out University premises to other organisations, you should spell out responsibility for obtaining copyright licences in the hire agreement.

4. Films and videos in public

If you are organising a public screening of a video or film, you need to get copyright owner permission. This applies whether you charge an entry fee or not. Apply to the film distributor in the first instance. If you hire the film from the distributor with the stated intention of public screening, the licence fee is usually included in the hire charge.

5. Dramatic works in public

If you wish to organise a public performance of a play, dramatic musical work, or dance work, you need to get permission from the rights holders. You may have to do some investigation to find out who they are and you should secure the permission well in advance of your planned performance. It would be very disappointing to have your production cancelled at the last minute because rights were not obtained.

6. Recording live performances

If you intend to record a live performance of a work, and the work is still in copyright, you will need permission from the owner to make the recording. When you make a video or sound recording of a performance of a work, you are exercising the right of reproduction. This particular form of reproduction is called a ‘mechanical reproduction' of the work and requires permission from the copyright owner. Even if you have a licence for a live public performance of the work, the performance licence does not give you the right to make a recording.

Most music publishers and composers license mechanical reproduction of their works through the Australasian Mechanical Copyright Owners' Society (AMCOS). AMCOS shares administration with APRA. For information on obtaining a reproduction licence, go to the APRA-AMCOS website and find the section on licensing.

For dramatic works and dramatic musical works, you should negotiate any permission to record performances at the time of obtaining the public performance rights.

Australian law also gives protection to performers whose performances are captured in film or sound recording. If you are recording a performance, it is necessary to obtain permission from the performers. The law in this area is very complex so consult the University Copyright Officer before proceeding.