Copyright

Tertiary Music Licence

The University of South Australia is signatory to a commercial music licence which covers rights that are controlled by the Australian Music Collecting Societies, APRA/AMCOS, ARIA and PPCA. The licence permits the University to use music in certain ways without seeking separate licences or permissions each time. There are no limits on how much of a work may be copied, only the circumstances in which music can be copied or performed.

Search the APRA/AMCOS, ARIA and PPCA websites for musical works and licensors covered by the Tertiary Music Licence repertoire.

  • Music can only be copied or used from a legitimate source

  • Access must be restricted to members of the University of South Australia community.

  • Copies of recordings (or their packaging) must display the Prescribed Notice and copyright information.
  • Perform live music and sound recordings at University Events that are organised and authorised by the University, on or off campus. Ticket Price for the event must not exceed $40 (plus GST) 

  • Perform live music and sound recordings at ticketed Graduation Ceremonies (no threshold ticket price) that are organised and authorised by the University on or off campus; and 

  • Perform live music and sound recordings at Events that are organised and authorised by the University, on or off campus, for University Purposes (includes educational services, showcasing student work and in-house research, and engagement with the University Community but no promotional use). 

  • Play on University Music-On-Hold systems; 

  • Play music in the workplace for the benefit of employees (in staff rooms, staff tea rooms and at staff-only events such as Christmas parties)

  • Play or perform music for Educational Purposes (e.g. analysis, review, or student performances as part of course requirements). Excludes recording or performing Grand Right (e.g. ballets, operettas), Dramatic (e.g. plays) or choral works.

  • Play or perform music in University Spaces and Businesses which are 100% owned and operated by the University, (including; retail spaces, dining spaces, student areas, administration areas, art spaces, and health centres), but not the University's gyms as they are open to the public. 

  • Supply recordings made for Educational Purposes (e.g. course of instruction) or for University Purposes to students and staff and their immediate family either at no cost or at a price that is for reasonable cost recovery only. 

Videos of graduation ceremonies 

  • Stream on line for up to 30 days after the graduation ceremony date (after 30 days they must only be available via a password protected University Platform.

  • Supply in a physical format (like a DVD) to the University Community only for cost recovery purposes; and

  • Store on a password protected University Platform such as a learning management system. 

Videos that capture sound recordings in Context (recordings captured at the same time at which the video footage is required)

  • For AMCOS licensed Works, provide access as a stream on University Social Media Channels and University Websites (that is, websites operated by the University ending in ‘.edu.au’ or ‘.edu’); 

  • For ARIA licensed Sound Recordingsprovide access on University Websites (that is, websites operated by the University ending in ‘.edu.au’ or ‘.edu’); 

  • Supply in a physical format (like a DVD) to the University Community only for cost recovery purposes; and

  • Store on a password protected University Platform, like a learning management system.

Videos that use sound recordings in post-production (music added to video footage after the footage has been captured)

  • Supply in a physical format (like a DVD) to the University Community only for cost recovery purposes; and

  • Store on a password protected University Platform such as a learning management system.

  • Note: Videos using sound recordings in Post-Production are not permitted to be shared online.

Videos that capture live performances of music (and do not capture any sound recordings)

  • Provide access as a stream on University Websites (that is, websites operated by the University ending in ‘.edu.au’, or ‘.edu’)

  • Provide access as a stream on University Social Media Channels 

  • Supply them in a physical format (like a DVD) to the University Community only for cost recovery purposes; and

  • Store on a password protected University Platform such as a learning management system.

  • Adopt, arrange, alter, debase, remix or undertake any other action that prejudices the integrity of any musical work or sound recording or make an audio or audiovisual recording of to synchronise such an adaption. 

  • Broadcast any musical work or sound recording.

  • Communicate any musical work or sound recording on any online platform other than a University website  or password protected University platform where the University has control over the content and is not publicly available or available to third parties.

  • Copy print (sheet) music.

  • Copy and communicate musical works not covered by the Music Collecting Societies' repetoire. 

  • Include any advertising or promotional material on any recording other than relevant University names, University brands and University logos.

  • Make available for download any audio or audiovisual recordings.

  • Perform music where the University's premises have been let for hire or otherwise to a third party, (including a staff member or student unless the venue has been hired for a University Activity).

  • Perform or play music at a University Event where the ticket price exceeds $40 (plus GST) at its highest value. 

  • Perform or play music in public.

  • Reproduce cinematograhic films or videos, including music videos (you may be able to to this under the Educational Licence.

  • Record or perform Grand Right (e.g. ballets, operettas), Dramatic (e.g. plays) or choral works.

  • Reproduce, communicate or perform infringing copies (e.g. copies which have been downloaded or obtained illegally and are in breach of copyright).

  • Reproduce, download, forward or otherwise convey a musical work or sound recording via the Internet.

  • Stream a Graduation Ceremony online for more than 30 days from the date of the Graduation Ceremony.

  • Substitute lyrics with alternative words, or perform the music and associated lyrics as a form of parody or satire.

If you provide students with teaching materials or recordings of University events that contain excerpts of copyright music, the teaching resource/recording or its packaging must carry the following Notice:

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

The following information must also be included:

  • title of each musical work
  • composer, lyricist and arranger of the musical work
  • if ARIA sound recording, the artist/group name, and the record company label.

If you don't know the source of the work, you need to indicate this with the following statement:

Source unknown. All reasonable efforts have been taken to identify the copyright owner of this material. If you are the copyright owner or know who they are, please contact copyright@unisa.edu.au.

Copying sheet music for inclusion in an examination paper

Under Section 200(1) of the Copyright Act, you may copy up to the whole of a piece of sheet music for inclusion in an examination paper. For more information about copying for exam, please refer to What is 'Fair Dealing'?

Performing music in class

Section 28 of the Copyright Act allows staff and students of the University to perform or play a musical work or sound recording in class, provided that:

  • only a legitimately-purchased recording of the music is used
  • the performance forms part of the class, and the performance is restricted to students enrolled in that class.

If you wish to make a recording of the performance, you may do so only as permitted under the University's Music Licence.

Copying sheet music for teaching purposes

Under the University's Educational Licence, you may copy limited amounts of printed sheet music for inclusion in course packs, or to hand out to students in class. As a general rule, you may copy:

  • printed sheet music: 10% of the number of pages
  • sheet music published in electronic form: 10% of the number of bars.

Making a single copy by hand

Under Section 200(1)(a) you may make a single copy by hand of up to the whole of a piece of sheet music for use in class. You must not subsequently reproduce the hand copy by photocopying or any other means.

Research or Study

Staff and students may copy limited amounts of print (sheet) music for their research or study. For more information, refer to:

Are film screenings covered by the Tertiary Music Agreement?

The music that forms the soundtrack to the film is treated in the same way under the agreement as a ‘performance of a sound recording’. This means that so long as the University is able to secure a licence to screen the film (not covered by the music agreement) then the music agreement will cover the University for the public performance of the music contained in that film provided that the event is within the terms of the agreement (i.e. it is a University Event that is free or has a ticket price not exceeding $40 (plus GST).

What do I do if the ticket price for our event is more than $40 (plus GST)?          

Events where ticket prices are more than $40 (plus GST) require additional licensing from OneMusic Australia (www.onemusic.com.au). Contact OneMusic Australia with plenty of lead time (at least two weeks) before the event to make sure you can get a licence in time.

Why can’t we put videos containing sound recordings on our official social media channels, but we can put them on our University Website?           

ARIA has a limited mandate to provide Universities with Synchronisation rights on behalf of their members and this is one of the limitations of their mandate. This means we can only share commercial sound recordings on our University Website and only if those sound recordings are captured In Context.

How do I get permission to use a video containing a sound recording on our University Social Media Channel? Is this the same process as getting permission to use a sound recording Post-Production instead of In Context?               

You need to seek further permission directly from the rights holder (usually the record label) to obtain the requisite rights. Contact  ARIA (business.affairs@aria.com.au). ARIA will be able to help you identify who to contact to obtain permission. 

Note: obtaining the required permissions can take time and will attract an additional licence fee. Make sure you leave plenty of lead time to seek the permission.

What does ‘organised and authorised’ mean and what do I have to do for events that are run at our venues by third parties?

  1. Organised and authorised means that the University is the one taking responsibility for the event. The event is for a University Purpose, and it is for the University Community.
  2. If you use a third-party event planning team to organise an event for the University, the University still needs to take responsibility for the organisation and authorisation of the event for it to be able to rely on the licence. Any events that are promoted or managed by a third party are not covered by the licence. 
  3. If a third-party hires a University Space to run their own event (and UniSA is just providing the venue) then this is not an event that is organised and authorised by the University for a University Purpose and it is not covered by the agreement. In this scenario, the third-party needs to seek the appropriate licenses from OneMusic Australia (www.onemusic.com.au).

A PDF document containing a list of key definitions of the Music Licence. 

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