The NCU Copyright hour: Music and Copyright in School

National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
5 March 2024
Copyright and Music -
Schools
Alison Davis and Claudia Lewis

5 March 2024
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
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5 March 2024
Smartcopying website
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• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions

5 March 2024
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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5 March 2024
Outline
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1. Music and Copyright
2. Schools Music Licence
3. Education Exceptions
4. Seeking Permission
5. Creative Commons

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Music and Copyright

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Music and copyright
7
Music includes both
Do re mi
±
Musical works (the score and/or the lyrics of a
song)
Sound recordings (recorded versions
of musical works – eg Apple or Spotify tracks,
CDs, MP3s).

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www.smartcopying.edu.au 8
Musical Works Sound Recordings
Who owns copyright?
Do re mi
±
Composer
Publisher
Record Label

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A copyright owner’s rights
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A copyright owner has the exclusive right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
"Copyright graffiti" by opensourceway is licensed
under CC BY-SA 2.0

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5 March 2024
Schools Music
Licence
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/

5 March 2024
Schools Music Licence
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• Schools have entered into the Schools Music Licence with the bodies that represent
composers, music publishers and record labels.
• The Schools Music Licence allows schools to use music for a school purpose in a range of
ways.
• All government and most Catholic and independent schools are covered by the School
Music Licence. To check whether your school is covered, contact your local copyright
manager.

5 March 2024
What is a school purpose?
12
A school purpose is anything which the school undertakes as part of its usual activities,
provided it is non-commercial. For example:
• providing educational and religious services for its staff, students and members of the
school community as part of normal school activities
• engaging with members of the school community
• promoting students’ work
• school events.
Note: Private music tuition is not a school purpose.

5 March 2024
How can schools use music?
Copy and communicate
sheet music
Perform music Copy and communicate
sound and/or video
recordings of music
• Photocopy sheet music for
the school orchestra.
• Upload sheet music to a
password protected DTE
for teaching purposes in
the classroom.
• Perform at an end of year
assembly as part of the
school band/choir.
• Play a song at a school
dance performance.
• Download a song to play at
a school dance
performance.
• Record a school band/choir
performance and share this
to the school website or
Facebook page).
Examples of what schools can do under the Schools Music Licence:

5 March 2024
Sheet music
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Schools can make as many copies of print or digital sheet music as are reasonably required.
https://smartcopying.edu.au/guidelines/music/
Do re mi
±
The Schools Music Licence covers:
• photocopying hardcopy sheet music
• making digital copies of print sheet music (eg scan to digital format)
• printing copies of digital sheet music
• emailing PDF versions of digital sheet music
• uploading copies of sheet music to a password protected or
restricted access DTE.

5 March 2024
Sheet music
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Schools should mark hardcopy and digital copies of sheet music they make with the words
“AMCOS LICENSED COPY” and the following information:
Do re mi
±
• name of the school
• date copied
• the name of the owner of the original sheet music that was copied (eg
the school or teacher that bought the original).

5 March 2024
Limits on copies of sheet
music
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Under the Schools Music Licence schools:
• can only copy up to three songs from a Grand Right Work (eg words or music that has been
written expressly for an opera, musical play etc)
• can only copy a long choral work (longer than 20 minutes) where the public performance of the
choral work is validly licensed (eg the school has obtained a licence to perform the choral work)
• cannot make copies of sheet music for students’ private music tuition, even if it takes place on
the educational institution’s premises.
• cannot make copies of sheet music where the lyrics have been changed or the music has been
adapted.

5 March 2024
Performing musical works live
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Schools can perform musical works live for a school purpose at
the school or a function connected with the school’s activities.
For example, schools can perform musical works at:
• school concerts and performance evenings (choirs, singing groups, school bands,
orchestra or rock bands)
• music festivals, including music eisteddfods and the NSW Schools Spectacular or
equivalent events in other States and Territories
• school award nights or graduations (eg a school band performing at an awards
night).

5 March 2024
Playing sound recordings
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Schools can play sound recordings for a school purpose at the school or a
function connected with the school’s activities. For example, schools can play
sound recordings at:
• school concerts and performance evenings (eg backing track to a dance
performance)
• music festivals, including music eisteddfods and the NSW Schools
Spectacular or equivalent events in other States and Territories (eg a
soundtrack playing while a choir performs)
• school award nights or graduations (eg playing a popular song as a backing
track at a graduation ceremony).

5 March 2024
Admission fees
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Can we charge admission fees for a school performance (eg concerts)?
Schools can charge admission fees to performances of music as long as the proceeds from the
fees mostly go to the school or a registered charity.
"admit one" by wwnorm is marked with CC BY-NC-SA 2.0.
Modifications: cropped, recoloured.
Does not include:
• performances by secondary school students of musical
works in a dramatic context where the performance is
advertised/promoted outside the school community
• events where the school is performing musical works or
playing sound recordings for commercial activities.

5 March 2024
Live streaming a school event
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Schools can live stream their school event in real time from the school website, a social media
platform (eg Facebook Live, YouTube) or a video conferencing platform (eg Zoom).
If using social media, the live stream:
• must be from the school’s official social media page on the platform
• may be blocked or muted.
If you are concerned about a live stream or recording being muted or
blocked, contact the NCU.
Alternatively, you may want to consider uploading the recording to your
school website or password protected DTE.

5 March 2024
Recording a school event
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Schools can make a recording (audio and/or video recording) of a school event at which
musical works are performed and sounds recordings are played.
"Recording in Progress" by byzantiumbooks is
marked with CC BY 2.0. Modifications:
cropped, recorder icon added, resized.
For example, schools can:
• record a school dance performance using a song as a backing track
• record a school orchestra playing a musical work at an end of year
event.

5 March 2024
Sharing a recording of a
school event
Schools can share the recording by:
• uploading it to the school website
• making a physical copy (eg copy it onto a USB) and distributing it (free or at cost recovery
price) to members of the school community (ie parents/carers/guardians and students)
• uploading it to the school’s official social media account (note it may be blocked or muted)
• uploading it to a password protected area on the school intranet, and making this available to
parents and students
• uploading it to an educational app used by the school to communicate with the school
community (eg Schoolbag, Seesaw, but not apps like Snapchat and TikTok).

5 March 2024
Incorporating music into
another work
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Schools can incorporate a sound recording into another, unrelated work, such as a video of a school event
or a PowerPoint presentation.
The school can then:
• upload the recording to the school website, password protected intranet or password protected DTE
• email and/or message the recording to students and parents (the school community)
• upload the recording to an educational app that is being used by the school to communicate with the
school community (ie Schoolbag, Seesaw, Compass and SZapp, but excluding apps like Snapchat and
TikTok).
Note, the school cannot upload this to social media.

5 March 2024
Labelling a recording
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You must label the recording in the following way:
‘This recording has been made under a licence from AMCOS and ARIA for school
purposes only’.
You must also display the following details of each musical work captured in the recording:
• the title
• the composer/arranger
• the artist and recording company (if you are using a backing track).

5 March 2024
Music as a school bell
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Schools can play music as a school bell:
• For non-government schools: under an
exception in the Copyright Act and the
School Music Licence.
• For government schools: under a licence
with PPCA and the School Music Licence.
"Belfry" by kai.griesshammer is licensed under CC BY-NC-
ND 2.0

5 March 2024
Music in religious services
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Schools that are covered by the Schools Music Licence can rely on it when using religious music if:
• the music is covered by the Schools Music Licence
• the service or event is for a school purpose
• the music is being used in a way permitted by the Schools Music Licence.
Examples of activities where schools may use religious music:
• students and staff singing hymns during school assemblies, graduation programmes and
seasonal services
• displaying lyrics on a screen during a school assembly or school religious service
• playing musical works and sound recordings in school religious services, even where held at non-
school venues.
https://smartcopying.edu.au/music-in-religious-services/

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Education Exceptions

5 March 2024
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Music in
Class (s 28)
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5 March 2024
Performing and communicating
music in class (s 28)
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• Section 28 allows schools to perform and communicate music in class
• A free exception – no fees are paid.
• Does not permit copying – the ‘show and tell’ exception.
• Must be restricted to staff and students who need the music.

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Examples of section 28 uses
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Schools can:
• play sound recordings in any format (eg CD, DVD, cassettes, digital music from
Apple Music, Google Play)
• perform a song
• display sheet music or lyrics from a live website on an interactive whiteboard
in class for educational instruction.

5 March 2024
What is not covered?
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Section 28 does not cover communicating or performing a work:
• to the parents of students
• at a school excursion or camp where there is no teaching involved
• for non-teaching purposes in the school (eg playing music at school concerts,
dances or formals, sports days, fairs, etc).
In these cases schools may be able to rely on the Schools Music Licence.
Note: Schools cannot rely on section 28 or the Schools Music Licence for a
fundraising activity.

5 March 2024
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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Flexible dealing (s 200AB)
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• Section 200AB is a flexible exception that allows schools to copy and
communicate content when no other exception or licence applies.
• It only applies in limited circumstances. You must assess your proposed use on
a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.

5 March 2024
Flexible dealing activities
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• Preparing an arrangement of a musical work for students to perform in class when
you cannot purchase the arrangement.
• Copying extracts of music videos (eg from YouTube) needed for educational
instruction.
• Copying an entire music video (eg from YouTube) for educational instruction when
you cannot purchase it.

5 March 2024
Flexible dealing guidelines
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Flexible dealing only applies if:
You cannot rely
on any other
licence or
exception
You need the material
for educational instruction
• Educational instruction includes:
• teaching
• preparing to teach
• compiling resources for student
homework or research
• doing anything else for the purpose
of teaching.
• You can’t rely on this exception for
‘just in case’ copying.
Your use does not conflict with
the normal exploitation of the
material.
• If you can buy the material in the
format you need within
a reasonable time or obtain
a licence for your proposed use on
reasonable terms, then you must
do so.

5 March 2024
Flexible dealing guidelines
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Ensure no
further copies or
downloads can
be made
Limit access to the
students/classes
that need it for the
specific instructional
purpose
Only use the
amount of material
that you need
You must not make a
profit from anything
you use under
flexible dealing
Only make the
material available
for the time needed
for the course of
study
If uploading content
to the school DTE
make sure it is view
only
If uploading a film to
the school DTE for a
year 9 music class,
only make it available
to the students in
that class
If you only need to
show students an
extract of a film, you
can’t rely on the
flexible dealing
exception to copy the
entire film
If students need to
access an excerpt of a
documentary on the
DTE, archive/ disable
access once it is no
longer needed by the
students
Cost recovery is okay

5 March 2024
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

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Exam copying exception
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• Teachers and administering bodies are allowed to copy and communicate
musical works and sound recordings for use in online and hardcopy exams.
• The exception covers actual exams and assessments.
• The exception may cover ‘practice’ exams and assessments, needs to be
considered on a case by case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

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https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

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Disability access exceptions
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Organisational disability exception Fair dealing for disability
exception
Use of copyright material by
organisations assisting persons
with a disability
Fair dealing for the purpose of
assisting persons with a disability

5 March 2024
41
Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or
comprehending copyright material in a particular form.
Includes students:
• with vision or hearing impairments
• who are unable to hold or manipulate books
• with an intellectual disability
• with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.

5 March 2024
42
• Under these exceptions, schools/administering bodies are able to:
o create a digital version of a hardcopy sheet music and make any necessary
adjustments, such as the font size or colour, to assist students with vision
impairments
o provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, music videos, etc) for students with hearing impairments.
• Both exceptions can be used by schools to assist students with a disability, but the
circumstances in which they apply differ.

5 March 2024
Which disability exception
applies?
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Organisational Disability Exception Fair Dealing for Disability Exception
If you need to copy or format shift an
entire copyright work, it’s recommended
that you use the organisational disability
exception provided the material is not
commercially available.
Where you are copying an extract or
portion of a work for a disabled student,
you may be able to rely on the fair dealing
for disability exception. You can rely on
this exception regardless of whether the
material that your student requires is
commercially available.

5 March 2024
Notice requirements
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Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you under section
[113E/113F (delete as required)] of the Copyright Act. Any further
reproduction or communication of this material by you may be the
subject of copyright protection under the Act. Do not remove this
notice.

5 March 2024
45
https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

5 March 2024
Students fair dealing
46
• Students can copy and communicate music under “fair dealing” without
seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their study will
fall under the fair dealing for research and study exception.

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Seeking permission

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Seeking permission to use
music
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Schools must seek permission to use a sound recording and/or musical work if it is:
• religious music not covered by APRA AMCOS
o contact CCLI or OneLicense
• an entire Grand Right Work (eg to perform an entire musical) or long choral work
o contact the copyright owner(s) of the musical/choral work
• for a commercial use (eg fundraiser or enrolment drive)
o contact the copyright owner(s).
Note: for sample permission emails, see Permissions.

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5 March 2024
Labelling and
Attribution
https://smartcopying.edu.au/labelling-and-attributing/

5 March 2024
Label materials clearly, so it is obvious how they have been used (for example, used with permission, copied
under the School Music Licence or education exceptions) and clear to anyone using the resource how they can
use it.
Clearly attribute any third-party materials. For example:
 Sheet music: AMCOS LICENSED COPY [school name, date copied, copyright owner name]
 Recordings that include music: Title, composer/arranger, artist/recording company, date copied and source.
This recording has been made under a licence from AMCOS and ARIA for school purposes only.
Labelling and Attribution
50

5 March 2024
https://smartcopying.edu.au/guidelines/music/
Music
Music includes musical
works and sound
recordings
Play or display
in class
Section 28
Perform or play
outside class
Schools Music
Licence
+
PPCA Licence OR
exception
Live stream or
record a school
event or
incorporate
music into
another work
Schools Music
Licence
Make
accessible
versions for
students with a
disability
Disability
Access
Exceptions
Use in an exam
Exam Copying
Exception
Copy and
communicate
sheet music
Schools Music
Licence
Use not
covered by the
Schools Music
Licence
Flexible
Dealing or
Seek
Permission
Do re mi
±

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5 March 2024
Creative Commons
Music
https://smartcopying.edu.au/creative-commons-oer/

5 March 2024
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit use educational uses of a work. Teachers and students can freely copy, share and
sometimes modify and remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0

5 March 2024
CC licences
Licence Type Licence Conditions
Attribution Freely use, copy, adapt and distribute to anyone
provided the copyright owner is attributed.
Attribution No Derivatives Freely use, copy and distribute to anyone but only in
original form. The copyright owner must be attributed.
Attribution Share Alike Freely use, copy, adapt and distribute provided the new
work is licensed under the same terms as the original
work. The copyright owner must be attributed.

5 March 2024
CC licences
Licence Type Licence Conditions
Attribution Non Commercial Freely use, copy, adapt and distribute for non-
commercial purposes. The copyright owner must be
attributed.
Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim copies of the
original work for non-commercial purposes. The
copyright owner must be attributed.
Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-
commercial purposes provided the new work is
licensed under the same terms as the original work.
The copyright owner must be attributed.

5 March 2024
56
https://www.smartcopying.edu.au/open-education/open-education-
resources/where-to-find-cc-licensed-material/where-to-find-cc-licensed-music
Finding CC licensed music

5 March 2024
openverse – Filter for audio
https://wordpress.org/openverse/
To find CC licensed audio on
openverse:
• click on the “All content”
dropdown in the search bar
• select “audio”.

5 March 2024

5 March 2024
CC licensed music
59
There are many sources of CC licensed music and sounds you can use, for example:
• SoundCloud – you can search on the SoundCloud platform for CC licensed music
tracks.
• ccMixter - a community music website featuring CC licensed remixes and samples
which are free to download.
• Jamendo - is an active community offering more than 350,000 free music tracks that
are CC licensed.
• https://filmmusic.io – all CC licensed music, can search by genre.
https://smartcopying.edu.au/where-to-find-cc-licensed-material/

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https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attributing CC materials

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Attributing CC material
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Teachers can use CC licensed materials as long as
you follow the licence conditions. One condition of all
CC licences is attribution. When attributing
remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence
Always check whether the creator has specified a
particular attribution.
"Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0

5 March 2024
More information
62
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright hour: Music and Copyright in School

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