What Are The Different Copyrights In Music?

Copyright owners in musical works and lyrics have the exclusive right to:

• Reproduce the work: for example, by recording a performance of it, photocopying it, or downloading or streaming it from the Internet;
• Make it public for the first time;
• Perform it in public;
• Communicate it to the public (including via radio, television and the internet);
• Translate it (for lyrics); or
• Arrange or transcribe it (for music).

Generally speaking anyone who wants to use a work in these ways must get permission from the copyright owner, who can negotiate a licence fee for these uses. In practice, the public performance and communication rights in a song are usually administered by APRA, while the other rights are often administered by a music publisher.

There is also a separate copyright in a recording of a musical work. These rights are usually owned by a record company, and include the reproduction right as well as the public performance and communication rights.   

What Is Copyright?

Copyright law gives owners of copyright in certain works, including musical works and lyrics, legal rights in their work. This means they can control how their work is used and negotiate payment when other people want to use their work. By ensuring that creators and those who invest in their work are paid, copyright aims to encourage further creativity and investment in the creative industries. At the same time, copyright law balances this aim with a need to ensure access to copyright works. There are therefore certain exceptions to these rights that allow for various uses of copyright material in limited circumstances. Australian copyright law is provided by the Copyright Act 1968 (Cth) and case law. In New Zealand, the legislation is the Copyright Act 1994.

General information about copyright can be obtained from the Australian Government Department of Communications and the Arts website: https://www.communications.gov.au/documents/short-guide-copyright and the New Zealand Ministry of Business, Innovation & Employment website: http://www.mbie.govt.nz/info-services/business/intellectual-property/copyright/copyright-protection-new-zealand.  You may also obtain information from the Australian Copyright Council: www.copyright.org.au and from APRA AMCOS: www.apraamcos.com.au.

Should I Join APRA AMCOS as a songwriter or composer?

If you are eligible, a songwriter or composer is well advised to join APRA AMCOS. Basically your song or composition has to be publicly performed or broadcast before you may join; but see the full APRA membership criteria.

How Do I Know Someone Won’t Plagiarise My Song?

Having a music publisher to help you protect your work and enforce your rights will greatly reduce the risk. To find out more about how copyright protects your work, go to our FAQs on music rights.

Should I Try To Get A Publishing Deal Before I Release my songs?

Not necessarily. Whilst having a music publisher involved is certainly preferable, you are still able to release your songs without one. The thing to remember is that working with a music publisher will help promote your songs and enable you to track and receive all royalties due to you. 

Should I Send or email A Demo of my songs To All Music Publishers?

No. Some publishers specialise in certain types or genres of music and some do not accept unsolicited material. Try to find out which publishers tend to work with your type of composition or song.

How Should I Present My Songs To A Music Publisher?

The best way to present your songs is to make a demo recording saved digitally. Don’t worry about the production too much but try to focus on the melody line and lyrics.

I Am A Songwriter: How Can A Music Publisher Help Me?

A music publisher has the experience to help you develop your writing skills and find ways to exploit and earn money from your songs IF he or she sees potential in your music. Not all would-be songwriters will become commercially successful but a music publisher can give you an honest appraisal of your work to date.