MUSIC COPYRIGHT IN AUSTRALIA
some basic questions answered

Article by Renate
Director, Studio Babylon (Perth, Western Australia)

Having a chat after class one day, Jilyan and I realised we didn't know as much about copyright issues that affect the dance teacher as we thought we did.  So a few phone calls and emails to the relevant powers that be has resulted in the information supplied below.  This is reproduced with the permission of the representatives for APRA/AMCOS.  Any further questions should be directed to either Skye or Simone - they know more than we do.

Questions submitted to Skye Coskerie

What does an APRA license cover me for?
[Skye Coskerie] An APRA Dance Classes licence will allow you to publicly perform works within APRA's repertoire during your dance classes. 

How do you know what music I use?
[Skye Coskerie] APRA employs a range of methods in collecting data for the purpose of distributing licence fees. These sources include census logging from all commercial and government radio stations, along with playlists received regularly from all community and ethnic radio stations. This diverse range of of musical works is regarded as being representative of music that is played in the community.   

How do you forward on royalties and to whom?
[Skye Coskerie] From the sources mentioned in point 2 a distribution formula has been developed to distribute licence fees. 

A lot of my music is not mainstream, why should I pay for a license if the royalty won't go back to the correct person?
[Skye Coskerie] APRA has over 30,000 local composer and songwriter members. Through our affiliations with international collecting societies APRA also represents the interests of over 1 million songwriters from all over the world. This arrangement means that APRA controls the vast majority of copyright works used in the dance community. An enormous amount of musical works continues to be added to each year, for example over 185,000 titles were registered with APRA in a recent 12 month period. Therefore it is more than likely that music used in dance classes falls within APRA's repertoire and requires a licence whenever it is performed. 

I teach on contract through a dance school. If they have an APRA license do I need to get one as well?
[Skye Coskerie]  As long as the Dance school is including the day that you teach in the number of additional days then you will be covered by their licence.

Is it expensive?  How is it calculated?
[Skye Coskerie] The licence fee is $47.29 for the first day of the week that classes are held and $23.65 for each additional day of the week that classes are held.

Questions submitted to Simone Hagemann

Can I copy music onto a tape or CD to use in class?  
Can I copy music onto a tape/cd for my students personal use?
Can I charge a fee for the cost of me purchasing tape/cd to recover my costs?
When does it change from supplying and charging students to cover my costs and turn into sampling and providing multiple tapes/cds for sale?
How do I go about selling sample tapes/cd?  What additional licenses do I need?
I teach on contract through a dance school. If they have an AMCOS license to copy music onto tapes/cd, do I need to get one as well? 

[Simone Hagemann]

Reproduction of copyright musical works without licence from the copyright owner is unlawful.

AMCOS and ARIA however recognised the fact that many Dance School and Studios need to reproduce music in order to run their classes effectively.  To this end the AMCOS / ARIA Dance School Licence was developed to allow schools to make compilation tapes and CD's etc for the purpose of teaching classes, to give copies to students to take home to practice routines and to use during events such as competitions etc. The licence also allows you to video your performances and concerts.

The cost of the licence is $3.025 per student per year. Audio recordings may only be supplied to those students enrolled in the school or studio. Supply to non-students is unlawful. Yes, you can also pass on the cost of making the audio recordings and videos to your students. The cost of making the CD's to supply to enrolled students would involve the cost of manufacturing the CD's or tapes and the $3.025 per student for the AMCOS/ARIA licence. This is the only cost you would reasonably be able to pass onto the students.

To sell tapes/CD's you will need a manufacture licence from AMCOS (who represent the copyright owners of the musical works ie: music publishers and songwriters/composers). The licence fee is 6.05% of the retail selling price of the CD's.  You will also need to obtain licence from each individual Record Company whose sound recording(s) you want to reproduce. The Record Companies control the rights to reproduce the sound recordings of the recording artists. If you require further information about reproducing sound recordings you will need to contact ARIA (Australian Record Industry Association) on (02) 9267 7996.

If you are a teacher at the school then the school will need to take out the AMCOS / ARIA Dance School Licence. 

The only time you would need the licence is if you teach students who are not enrolled in the school to whom you are contracted.

Article by Renate © October 2001

Disclaimer:  Renate is not a legal expert, nor does she play one on TV.  This information is supplied as a guide only.  You should contact APRA/AMCOS to be sure of your own copyright obligations.

Egyptian images courtesy of