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FAQs: using music

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1. How can I use music in my course?

You can play music or sound recordings in your live lectures/seminars or tutorials, but they must be legitimate copies (not from unauthorised peer-to-peer sites for example). Citation details and acknowledgment of the artist, company, recording source etc. should always be given.

Only limited amounts of sheet music can be copied under the CAL licence. Permission must be granted from the copyright owner (usually the music publisher) before more can be copied.

If you want to copy music or stream music recordings on your MUSO site, the recording must be within the repertoire of the Universities Educational Music Licence and other requirements for this licence must be respected. Alternatively you can apply for permission from the copyright owner/s. (Note that a sound recording includes different layers of copyright; the score, the sound and the performer’s rights. Owners of the different copyrights must give permission. However, the music company or record label will usually own all these copyrights).

2. Can I play music in class?

Yes, you can play a legitimate copy of a CD, record or other music file to a class in the course of giving or receiving educational instruction. However, the audience must be limited to students and teachers who are taking part in the instruction or to people who are otherwise connected with the University.
Note If you hired or purchased a CD or music file and the hirer or seller provided it on the condition that it is only used privately or for domestic use, it may be breach of contract to use it in class.

3. Can I play music found on the Internet?

Only if the site includes permission from the copyright owner. Make sure you read the terms of use on the website where you download or purchase the music: see if the terms restrict usage to particular uses (ie personal or private use only). Note that Music downloads on P2P sites are often unauthorised (ie pirated music).

4. How long does copyright in music last?

Copyright lasts for a limited period. However, there are many restrictions and conditions on when copyright in a work expires and the work becomes freely accessible for all (aka 'in the public domain'). For example, a new arrangement of an old work will be in copyright. See conditions and duration of copyright protection

5. What is the Universities' Educational Music Licence?

The Music licence is an educational licence negotiated between the universities and the Music collecting societies. The collecting societies act on behalf of music publishers, composers and record labels. The licence only covers works which are listed in the repertoire. Check the four Australian music society websites via the links on the Resources and downloads page (access restricted to Monash University staff and students) for the various membership lists and repertoire databases. For example, APRA have an APRA 'worksearch' repertoire database that you can check on their website. If you are in the Music School, contact the Facilities Manager for more information, or contact the Copyright Adviser.
Refer to the music section of this website for more details about the licence and its limitations.

6. How can I use music under the licence?

You can make copies (ie compilation CDs) of sound recordings found within the music licence repertoire (refer to questions 8 and 9 for 'repertoire') provided that

  1. the recordings are sourced from legitimate CDs, vinyl records or audio tapes (ie NOT from downloaded music files)
  2. the copies are made for educational purposes (refer to question 12 - 'educational purpose')
  3. access to the copies is limited to students/staff of the university
  4. the licence Copyright Warning Notice for music, and full citation details are clearly provided with the copies: the composer, record label, performers, etc; refer to question 14 - citation details and copyright notices.

You cannot make music files available for download but you can stream content (within the licence repertoire) to students of your course (educational purpose) as long as

  1. access is restricted to students and staff of the University
  2. you include the Copyright Warning Notice for Music and provide full citation details for the music (refer to question 14 - citation details and copyright notices)

Staff and students can perform musical works within the music licence repertoire (refer to questions 8 and 9 for 'repertoire') and make a video-recording of this performance at a University Event (ie like a graduation - refer question 13). However, there may also be other permissions required for such activities. See Recording Performances.

Copies of these performances can be made, as long as access is restricted to students and staff of Monash or their familes for private and domestic use, the Copyright Warning Notice is attached and all music and performers citation details are included (refer to question 14 citation details and copyright notices). Copies cannot be sold at a profit, but only for cost recovery.

You can also use music from the licence repertoire for inclusion as a soundtrack to a videorecording of a University Event.

7. Who can have access to music under the music licence?

Access to music used under the licence must be restricted to students and staff of the University. That means copies distributed only to students and staff of the University (or the particular unit of study); and any music 'streaming' has to be done over a password protected 'intranet' style unit website, accessible only to students or staff.

You cannot use recordings made under this licence outside the University. You cannot share these recording with friends or family. They are to be used in study only.

The University can provide copies of video recordings of students and staff of the University who perform musical works at University Events (refer to question 13 for definition of University events) to the immediate family of those students and staff for private and domestic viewing. These copies must include the Music Copyright Warning Notice and full citation details: refer to question 14 - citation details and copyright notices. They can not be sold at a profit, but only for cost recovery.

8. What music can’t I use under the music licence?

You can only use music that is in the music licence repertoire (refer to question 9 below).

And the licence repertoire does not include

  • Works where technological protection measures, such as digital locks, had to be circumvented in order to access or copy the sound recordings. Rights management information or ownership details cannot be removed from the music. If you are having problems accessing music, please contact the Copyright Adviser.
  • Grand Rights works, such as operas or musicals or any music performed in a dramatic context.
  • Choral works of over 20 minutes long
  • Certain rock music works expressly excluded from the licence (ie Queen, the Beatles, AC/DC)
  • Parodies or satirical interpretations or music where you have substituted the lyrics (you'll need separate permission for that type of performance).
  • Copying of print music (music scores)
  • Performance of music with a paying audience
  • Downloading of music or placing it online for download

9. How do I know if music is in the licence repertoire?

Universities Educational music licence repertoire

Check the collecting societies repertoires, memberlists and label listings via their websites

  • APRA/AMCOS ('Worksearch' database)
  • ARIA (PDF, list of licensors/labels)
  • PPCA (lists of labels)

For making recordings/copies - check the APRA/AMCOS and ARIA list

For performing works and streaming music: check that the desired works are represented across all four societies: APRA/AMCOS, ARIA and PPCA

For further help: if you are from the Music School, contact the School of Music Facilities Manager, otherwise contact the Copyright Adviser.

10. Can I make music files available for download if they are in MUSO?

No. Even under the Universities Educational Music Licence, online communication of music is currently limited to streaming only (though this may change in the next year or so). You can stream content (within the licence repertoire) to students of your course as long as

  1. access is restricted to students and staff of the University
  2. you include the Copyright Warning Notice for Music and provide full citation details for the music refer to question 14 - citation details and copyright notices.

Refer also to the music section of this site for more details.

11. Can we perform and record musicals or musical theatre works under the music licence?

No. These works ('Grand Rights' works, such as operas or musicals or any music performed in a dramatic context). You can not perform choral works of over 20 minutes under the licence. Individual permission must be sought from the various copyright owners to perform those works.

12. What are 'educational purposes' according to the Music Licence?

Educational purposes

Educational purposes are defined in the licence as ‘using [music] in connection with a particular course of instruction or course of study and/or research of the Participating University, including the necessary administration and assessment of that course of instruction or study, but not including commercial activities and commercial research.’

13. What are 'University events' under the Music Licence?

University event

A University Event according to the Music Licence is ‘an event at the Participating University (or some other venue) organised or authorised by the Participating University including live musical performances by Students or Staff.’

Types of events could be graduations, free concerts, openings or meetings where music is performed in the background. But 'events' does not include any event where an entry fee is charged.

14. What citation details or notices must I include with music used in reliance on the Educational Music Licence?

Each recording and/or online 'streaming ' of music done in reliance on the Music Licence must display the following information:

  • The title of each musical work;
  • the name of each composer, lyricist and arranger of the musical work; and
  • if the recording contains an ARIA Sound Recording, the artist/group name and the record company label.

For CD or disk copies this information can be presented on a handout distributed with the CD or, alternatively, in a CD cover or case insert. For streaming, the citation information could be listed at the beginning or end of the lecture or class, as a list of credits.

Warning notices

Music used in reliance on the Educational Music Licence must also include the appropriate warning notice. The notice indicates that the music is copied or streamed in reliance on the Educational Music Licence. The notice has to be displayed before or at the same time as the music content is accessed by the student.

  • For copies/recordings (including video which captures recordings):

This recording has been made by Monash University under the express terms of an educational licence between it, AMCOS and ARIA and may only be used as authorised by Monash University pursuant to the terms of that licence.

  • For streamed music:

This recording has been made by Monash University under the express terms of an educational licence between it, ARIA, AMCOS, APRA and PPCA and may only be used as authorised by Monash University pursuant to the terms of that licence.

15. Can I copy or put online an original unpublished audio recording made by Monash University?

Making a copy of an original unpublished audio recording will require only the permission of the Monash composer and lyricist (if any) as long as the following conditions apply:

  • the composition (musical work) that was recorded was an original unpublished composition owned by a Monash staff member or student
  • the lyrics (if any) that were recorded were original unpublished lyrics owned by a Monash staff member or student
  • the copy of the sound recording will be used only for teaching or research purposes and will not be used commercially
  • the original unpublished sound recording is not an infringing sound recording
  • the performers' consent was obtained at the time the initial recording took place
  • where the live performance took place outside of a classroom setting, the appropriate APRA Performance Licence was in place at the time of the recording

Send an email inquiry to the University's Copyright Adviser.