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ONLINE MUSIC, DOWNLOADING and MUSIC COPYRIGHT
In the online world there’s been a misconception that music downloaded over the Internet is somehow ‘free’. The problem however is that ‘free’ music means songwriters and artists don’t get paid.
New technologies such as the internet and mobile phone applications are opening up new distribution avenues for songwriters. These new avenues include: digital downloads as full length songs; mobile phone ringtones; webcasting (i.e. online radio stations); and on-demand streaming (i.e. services which permit users to access and experience music over the net at a time and place convenient to the user).
There is little doubt the creative work of composers and songwriters adds value to online businesses and services. There are a number of different ways in which this can be achieved. For example, the playing of music as a background music loop has the potential to enhance the appeal of a site, and in turn attract more traffic and keep users browsing for longer periods.
Any use of copyright music requires the appropriate clearances to be obtained. Copyright owners in music have a number of rights in their work, including the right to reproduce their music and the right to communicate their work to the public. The term communication covers broadcasting and making music available online. APRA, by licensing the use of music online is able to ensure that composers, songwriters and music publishers are properly reimbursed for the exercise of their rights.
To give a brief overview of music copyright in this context, whenever music is downloaded or streamed over the internet, there are a number of rights which are exploited. These include:
- the reproduction of a musical work; and
- the communication to the public of a musical work.
A musical work is the underlying intellectual property contained in any song - i.e. the melody, chords and lyrics, as written by the composer.
The reproduction of a musical work occurs in the process of operating a streaming, on-demand or download service – i.e. uploading a work onto a licensee’s central server and/or downloading onto a user’s hard drive.
online licences offered by apra and amcos
AMCOS can offer a licence on behalf of its music publisher members for certain rights associated with the reproduction of these musical works in an online context.
APRA handles the performing right in musical works for its members – which in the online context is referred to as a ‘communication to the public’. A communication occurs when music is made available – which would include online streaming and digital download services and mobile applications such as ringtones and caller tunes.
The reproduction and communication to the public of a sound recording is a separate right and may need a separate licence (usually from a record company) if an original sound recording is used.
To find out more about these licences, click on the link relevant:
Webcasters
Includes licences for Net Radio and Simulcasts.
On-Demand Music and Other Services
Includes websites that use looped background music, discrete music mixes – ie. DJ mix sets, on-demand songs, clips and music videos.
Digital Downloads
Where consumers purchase and download a full-length song or album, via legitimate Digital Service Providers (DSPs).
Mobile Phone Ringtones
Includes downloading of popular music to customise a ringtone and caller tune services.
More Information
If you would like more information or are uncertain as to which licence is relevant to your service, please contact us on 02 9935 7900 and ask to speak to someone from Online in the Mechanical Licensing Department, or email: online@apra.com.au
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