Recording Performances

Recording for educational purposes
Recording a non-university event/performance
Audio, Video, Film and Photography
Ownership of Recordings

Making recordings can be a complicated process as there are several potential owners or entities with rights to consider.

Firstly, the School of Music or the venue proprietor or providers of equipment have rights in regard to allowing recordings to be made of performances or events. The School of Music allows for certain recordings to take place under the conditions of the Music Licence, such as rehearsals and exam recitals. For all other recording projects an application procedure is required which is available from the School of Music Facilities Manager .

This procedure takes in all other ownership rights such as those of the owner of the works being performed, the performers themselves and the person or entity making the recording, all of whom must be considered when making a recording.

Recording for educational purposes

Educational purposes are activities 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.

The School of Music provides for recordings to be made of Masters Recital Performances as part of their submission process, but only once clearances for the works and all the performers have been provided. Recordings for any other School activities must be applied for through an application procedure - contact the School of Music Facilities Manager .

If the School has given approval to record and if the musical works are out of copyright, there are no restrictions on recording those works. However, a new arrangement of an old work will be in copyright. Refer to the duration of copyright chart.

If the School or unit in charge of the event has given approval to record and if the musical works are in copyright, the Music Licence allows for works that are in the licence repertoire to be recorded for a university event with an audience such as a graduation, a free concert, a presentation or exam recital. However, these events must not attract an entry fee and, once again, performers clearances must be obtained.

There are labelling requirements and a copyright warning notice that must also be included once a recording has been made. Access to these recordings is also restricted to students and staff of Monash University or their immediate family for private and domestic listening or viewing. Students cannot use these recordings for their portfolios.

For details about the music licence repertoire and the notice requirements under the licence refer to the music homepage .

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The School of Music allows recordings of exam recitals to be made under the conditions that it sets out in their exam information and those of the Music Licence. These details are provided to all music students prior to exams and can also be found in the School of Music Facility Procedures document. Contact the School of Music Facilities Manager for further information.

The School of Music provides some equipment to make recordings for other school related activities, such as field recordings for assignments. In borrowing equipment, statements must be provided on the use of the equipment and if it involves musical works and/or performances, then appropriate clearances must be obtained beforehand. These may not be allowed if the intended recordings are of a commercial event with an audience.

The School of Music provides clearance forms for performers, performer/owners and owners of works for these circumstances. Contact the School of Music Facilities Manager

If an approved recording of a School or university event is carried out by a third party, negotiation of ownership of the recordings and their purpose has to occur between the School and the person/entity making the recording. The School of Music has a document that lists the procedures involved in such a process. Contact the School of Music Facilities Manager for further information.

Recording a university event that has an entry fee is not covered by the Music Licence and the procedure to make a recording for these events is the same as for a non-university event/performance.

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Recording a non-university event/performance

Approval to make a recording must be first obtained from, or negotiated with, the entity putting on the event or the venue itself.

Performers also have part ownership rights of a recording with the person who owns the recording medium (ie the master copy), so their permission must also be obtained or negotiated. Both these permissions may include restrictions on the use of the recording.

If you are the performer and someone wants to make a recording of your performance, you have the right to refuse to be recorded, unless you have transferred that right to someone else, such as the ensemble director.

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.

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.

Given the above approvals to make a recording and if the musical works are out of copyright, there are no other restrictions on recording those works. However, a new arrangement of an old work will be in copyright. See duration of copyright protection

If the works are in copyright, then an application for an Audio Manufacturer's licence from APRA/AMCOS is also required to make an audio recording..

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Audio, Video, Film and Photography

The same requirements for approval apply to making video (or film) recordings or A/V recordings that apply to making audio recordings.

Taking photographs of other people requires permission from those being photographed as a matter of privacy. The School of Music provides clearance forms for agreement to photographs being taken. Contact the School of Music Facilities Manager

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Ownership of Recordings

Performers have part ownership rights in a sound recording of a live performance, with the person who owns the recording medium (eg the master copy).

This does not apply where:

there is an agreement to the contrary or
if a recording of a performance is made for a fee (eg a record company gets a recording studio to make a master recording) or
or where the recording is made in the course of the performers employment. In that case the employer will own the recording.

See Australian Copyright Council Information Sheet G22 Performers' Rights

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Refer also to

Creating Music

Performing Music

Royalties and licensing Options

Music and copyright homepage