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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.

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'.

Permission

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.

Borrow or Buy a copy

For resources that are in-copyright you might be able to borrow or buy a copy, as many of the Music Australia contributors provide ordering services for copies of resources found in the service. Choose the Borrow this item or Buy this item option from each resource record to find out how you can borrow or buy a copy. Charges and payment options for reproduction services vary depending on the resource, copy requirements, and the organisation that manages the resource. Most copy ordering services require a copyright declaration before filling your order.

Website

Copyright in the Music Australia website is owned by the National Library of Australia.