Requirement
of copyright under the Copyright Act 1968 (CTH) (the Act) is summarised in Table
1 below:
What is Music?
Copyright of music come under "works". "Works" is defined in S10 of the Act as literary, dramatic, musical and artistic
works.
Musical works is not defined in
the Act, however understood as: (a) notes, sounds and other indicia for making
sounds which can be random or melodic and (b) lyrics given separate copyright
as a literary work where music incorporates lyrics.
Rights of the Owner of Musical
Works:
The Australian Copyright Council
have summarised the Act for music artists, songwriters and composes to
understand copyright for music. The Australian Copyright Council (2012A)
highlight the rights of owners of copyrighted music as:
·
Reproducing it by recording a performance of it, photocopying it
·
Make it public for the first time
·
Performing it in public
·
Communicating it to the public
·
Translating it (for lyrics for other countries)
·
Arrange or transcribe it (for music)
Infringement of Musical Works:
The Act states that infringement
will occur if someone uses copyright material, or a “substantial part” of it,
without the permission of the owner in a way that is exclusive to the owners’
rights. Special provisions apply for certain purposes which will not infringe
copyright. Fair dealing provisions of S40, S41, S41A and S42 of the Act
highlight that for the purpose of research or study, criticism or review,
parody or satire and reporting news, no infringement of musical works will
occur.
Issues can arise when interpreting
a “substantial part”, however this is qualitatively determined. The case of
Network Ten Pty Ltd V TCN Channel Nine Pty Ltd highlights the application of
“substantial part”. Additionally reproduction does not necessary mean
word-for-word copying as the connection between the original work and the
infringement.
What is Film?
Copyright
of film comes under "subject matter other than a work" including cinematograph
film. The Act defines cinematograph film as the complete and final
version of a cinematograph film. However no other definition is given for
film. In lecture 6, we learned that film includes an aggregate of visual images
capable of being shown as a moving picture, including the soundtrack.
Rights of
the Owner of Film:
The Act
defines exclusive rights given to the owners of cinematograph film under S86.
These exclusive rights under the Act include:
·
To make a copy of the film
·
To cause the film to be seen in public or be
heard in public
·
To communicate the film to the public
The
Australian Copyright Council (2012B) also highlights in their publication additional
exclusive rights of the owners of film copyright. These include:
·
Reproduce the work in material form for
example videoing or filming
·
Communicate to the public by broadcasting or
uploading copies online
Infringement
of Film:
The Act states that infringement
will occur if someone uses copyright material, or a “substantial part” of it,
without the permission of the owner in a way that is exclusive to the owners’
rights. Additionally the Australian Copyright Council (2012B) highlight infringement
for film may result in the infringement of several copyrights such as copying
part of the film may also reproduce a part of the music and the screenplay.
Special provisions apply for
certain purposes which will not infringe copyright. Fair dealing provisions of
S103A, S103AA, S103B and S103C of the Act highlight that for the purpose of
research or study, criticism or review, parody or satire and reporting news, no
infringement of musical works will occur. Additionally special provisions apply
to cinematograph film under S110 of the Act. These state that copyright in the
film will not be infringed by causing the film to be seen or heard in public
after the expiration of 50 years.
Further
Reading:
Australian
Copyright Council. (2012A). Music &
Copyright information sheet. Retireved from: http://www.copyright.org.au/find-an-answer/browse-by-a-z/
Australian
Copyright Council. (2012B). Film &
Copyright information sheet. Retireved from: http://www.copyright.org.au/find-an-answer/browse-by-a-z/
Copyright Act 1968 (CTH) Retrieved
from: http://www.comlaw.gov.au/Details/C2012C00265
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