Copyright FAQs

Who owns the copyright in a piece of music?

How do I know if a recording is still protected by copyright?

Can I copy and distribute music even if I'm not making money out of it?

What if I download music from a site from a different country than the one I'm in, where the law might be different?

How do I know if the website I am using is legitimate?

What are the penalties for breaching copyright?

What is copyright?

Copyright protects the expression of an idea by conferring exclusive rights on the owner; it encourages people to 'create'. When someone creates a piece of music (or a piece of text, a graphic, a photo, a film or anything else that is protected under copyright), there is a whole system of rights and obligations that come into play. These rights and obligations outline what someone can and can't do with the material. Copyright is an important set of rights granted to the creator of creative works which gives them the exclusive right to copy, distribute, adapt, perform or broadcast the work in public. Copyright “owners” can also license or permanently transfer or assign their exclusive rights to others.

In Australia, there is no need for copyright registration, nor is there a legal requirement to put a copyright notice on a piece of work. This is because copyright protection is automatic. A work will be protected as soon as it is put in material form, such as being written down or recorded in some way.

Who owns the copyright in a piece of music?

In any given musical track, there is usually more than one copyright owner:

The composer who wrote the music owns copyright in the musical works.
The lyricist who wrote the lyrics owns copyright in the literary works.
The artist who performed the music owns copyright in a sound recording in their live performance.

Finally, the maker of the recording (typically a record company) owns copyright in the sound recording.

How do I know if a recording is still protected by copyright?

All recordings of music are protected by copyright for at least 70 years from the date they are created.In Australia, copyright in a recording continues for 70 years after the year of first commercial release, even if this is some years after the year in which the recording was made. In relation to musical and literary works, the copyright continues for 70 years after the death of the author.

A useful indication of whether or not a recording is still subject to copyright protection is the "P" notice which typically appears on CD covers, e.g. "P" 2004 Acme Records Pty Limited. This notice indicates that copyright exists in the recording (by use of the "P" symbol), that the recording was first commercially released in the stated year (2004 in this example), and that the named person was the owner of copyright at the time the particular CD was manufactured. A recording that was given this "P" notice in 2004 would continue to be subject to copyright protection until 2074.

Can I copy and distribute music even if I'm not making money out of it?

The basic principle is that you cannot copy or distribute music without the permission of all relevant copyright owners, except in limited circumstances. The question of whether or not you are copying and distributing music for profit may be relevant in assessing what penalties should apply, but it does not determine whether you are in breach of copyright.

What if I download music from a site from a different country than the one I'm in, where the law might be different?

Internet activities of this sort typically involve acts of copying, transmission, or distribution in both the country in which the site is located and the country from which the music is downloaded. As a result, both countries' laws will generally apply. Copyright owners may choose to take legal action in any country or countries in which an infringer is located.

Importantly, you should be aware that if you download music files to a computer located in Australia without the copyright owners' permission, you are committing an infringement of copyright under Australian law.

How do I know if the website I am using is legitimate?

Want to access digital music in a way that supports artists and songwriters but don’t know where to start? You can head to the Digital Content Guide site at www.digitalcontentguide.com.au which is a guide for finding safe and licensed content online.

You can also visit the pro-music website at http://www.pro-music.org/ which provides consumers with a comprehensive list of legal digital music content providers in not just Australia but also around the world.

What are the penalties for breaching copyright?

The Copyright Act, Trade Marks Act and other legislation provide severe penalties for dealings in music that infringe the rights of artists, composers, lyricists, producers, record companies and music publishers.

Penalties range from injunctions, damages and costs through to fines of up to $60,500 for individuals and up to $302,500 for corporations per infringement and/or up to 5 years imprisonment. The police can also issue an on-the-spot fine of $1320 and seize copyright infringing music and devices, including computers and servers used in the commission of the crime.

Directors of corporations may also be subject to such penalties.

Furthermore, copyright infringing sound recordings and devices used in their creation (eg. computers, CD burners) can be subject to orders for destruction.