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Performing Music
Performing for educational purposesEducational purposes are related to a particular course of instruction or course of study at Monash, including any administration and assessment for teaching. It does not include commercial activities and commercial research. If the musical works being performed are out of copyright (refer to the chart of copyright duration on the FAQs page), there are no restrictions on performing those works. However, a new arrangement of an old work will be in copyright. If the musical works being performed are in copyright, the Copyright Act allows for performance in class or rehearsing for course related activites, as long as the audience is limited to students and teachers who are taking part in that activity. The Universities Educational Music Licence also allows for students and/or staff to perform musical works that are in the licence repertoire to a public audience at university events such as a graduation, a free concert, a presentation or exam recital. However, there must be no fee charged for attendance at these events. To establish whether a musical work is in the licence repertoire, search the listigns provided by the music societies webpages (also available on the Resources and downloads page on this site: NB Access restricted to Monash University staff and students) or contact the School of Music Facilities Manager, or the Copyright Adviser. If the musical works are not in the licence repertoire then separate permissions must be obtained from the owners of the works. Restrictions still apply to the copying of any print music. Performing as a private activityYou may be a member of a Monash orchestra or ensemble performing at an event that is not being organised by the School of Music. Be aware that members of school ensembles cannot use Monash University group names or titles if the event is not an authorised or sponsored university activity. Students can acknowledge their membership of a university ensemble, but can not use the ensemble title as the descriptive name: eg instead of 'Monash University School of Music Choir presents' you could say 'Performance by students or members of the Monash University School of Music Choir'. As a solo performer or as an ensemble you need to consider these issues:
An ensemble director or agent can act on the group's behalf if the group or ensemble is a legal entity and the members have an agreement in place. If you are organising the event, you may be responsible for obtaining copyright clearances. Not all venues will have a performance licence or a recording licence. These will need to be obtained from APRA. Recording a live performancePerformers may have part ownership rights in a sound recording of a live performance, with the person who owns the recording medium (eg the master copy). If a third party wants to make a recording of your performance, as a performer you have the right to refuse to be recorded, unless you have transferred that right to someone else, such as the ensemble director. If you want to record your performance for private use such as a portfolio, you will need to obtain permission from the ensemble director and/or the other members of the group. You or the ensemble director and/or the other performers will also need an agreement in place with the person/entity making the recording to establish ownership of the recording. That agreement should include what the recording is going to be used for, eg broadcast, used in a portfolio or sold at an event. Performing live on radioIf you are perform on radio (including Monash University radio) you will need to consider copyright issues if you are performing music created by someone else and if you are performing with others. If you are performing your original music as a solo artist you will only need to get copyright permission if you have transferred your rights in that music to another party. If you have transferred your rights you will need permission from the new copyright owner. See royalties and licensing options If you did not create the music you are performing, unless the music is out of copyright, you will need permission to perform the music and to have it recorded and broadcast by the radio station. Find out if the station has a broadcast licence that covers your performance. You can obtain a performance licence from APRA or you can contact the copyright owners directly for permission to perform the works. See copyright permissions The radio station may record as well as broadcast the performance. If so, you will need to find out the policy on other usage such as re-broadcasting of that material. What if you gave a bad performance? Can you get the recording deleted? What if you want a copy of the broadcast to use for another purpose? The station may suggest you sign a contract transferring any ownership rights in the sound recording and giving them permission to use the recording in the future. You may not have the right to object to the re-broadcast of the material if you sign a contract transferring those rights. If you are performing in a group and retain rights in the recording, you will need to get permission from the other performers to use the recording for a stated purpose. Performance rightsAs a performer you have several rights in your performance. The person/s or entities making the recording must have permission to record you. That permission must also include the details for the use of the recording; eg, mastering a CD, uploading to the internet or for a portfolio. You also have moral rights and ownership rights in sound recordings of your live performances. See Moral Rights and Recording Performances If you are a featured performer (not a session or contract musician) on an Australian recording you may want to consider joining PPCA which is the collecting society for recroding artists. See Australian Copyright Council Information Sheet G22 Performers' Rights See also
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