Australian Copyright Amendment

4841330621_2c1e2f7a62_oThe Australian Senate has recently passed a Copyright Amendment (Online Infringement) Bill, which could soon force ISPs to block website which are deemed to be ‘facilitating piracy.’

This new bill will allow copyright holders, such as film studios and record labels, to apply to the Federal Court for an injunction requiring all Australian ISPs to block overseas website facilitating piracy. In order for the website to be blocked, the Rights holders must be able to prove to the court that the primary purpose of the website in question is to facilitate copyright infringement. Furthermore, the court will also factor whether the site’s operator has a “disregard” for copyright and the “flagrancy” of infringement that it allows.

While this law will not really affect anyone in the immediate future, numerous sites that facilitate copyright material may soon disappear. If the court’s order ISPs to block a website, then Australian Internet users will be met with dead ends to these websites, meaning they will no longer be available. The bill is designed to target BitTorrent sites, such as the Pirate Bay, which gives users access to enormous amounts of copyrighted material for free.

If you live in Australia and would like to learn more about how this new bill may affect you then check out this article.

Three Important Music Copyright Laws

If you are a musician or business owner that enjoys playing other artists music, then make sure you check out this list of music copyright laws to ensure that you are not breaking any laws. While you may think that your performances are playing within the rules, song owners have more rights over their work than you think. Here are is some key information that you will definitely want to know.

1) The Performance Right

Pink Floyd, Earls Court 1973Many musicians believe they have the right to perform any song, in any place, at any time. However, the right to perform songs depends on the individual song owners, not the performers. Song owners are entitled to collect royalties for all public performances of their songs. This means that performers need licenses from the song owners in order to legally be allowed to perform them.

Business owners and musicians need to be aware that they are required to pay for performance licenses if they want to play music for their customers. If your band ends up performing at a bar, restaurant or party, then you will want to ensure the venue has paid for a performance license before you play any cover songs.

2 – The Right to Make Changes to Others’ Songs

music-musical-instrument-guitar-soundsMaking changes to the lyrics or melody of a song may seem like a good way to leave your personal mark or show your unique artistic talent on a song, but you actually still need permission from song owners before changing inherent parts of the song. While there are some things that you can change, such as tempo and key, anything that alters the fundamental bones of the song requires that you get in contact with the song owners first. Keep in mind that you should be prepared to pay a fee to the song owners for the privilege of making changes to the song.

3 – Fair Use

downloadFair use is one of the tricker and most commonly misunderstood parts about copyright law. There are no hard and fast rules about what is fair use really is. In fact, the courts evaluate fair use on a case-by-case basis, weighing factors four factors to determine fair use.

The court evaluates fair use on the following criteria: whether the use is for commercial or nonprofit/educational purposes and how the use will affect the value of the original work, nature of the copyrighted work, amount and substantiality of the portion used in relation to the copyrighted work as a whole, and effect of the use upon the potential market for or value of the copyrighted work.

Whenever you make a lot of money or gain fame and influence by borrowing someone else’s idea, there is a good chance that someone will take legal action against you. It is always best to err on the side of caution by asking for permission before making changes to someone else’s work.

Fair Play, Fair Pay

Christopher Sabec Fair Pay, Fair PlayToday marks a historic day in the eyes of the music industry, as four members of Congress introduced a bi-partisan piece of legislation called the “Fair Play, Fair Pay Act of 2015.” The four members of Congress responsible for introducing the legislation were House Democrats Ted Deutch, Jerrold Nadler, and John Conyers Jr. and House Republican Marsha Blackburn. If the act passes, it would require radio stations to pay musicians for their songs played on the radio.  The act would also force all forms of radio to pay royalties on master recordings made after 1972, and do away with discounted rates paid by certain digital services to artists and musicians.

There is a short list of countries that don’t pay their artists for AM/FM radio airplay, and the United States is the only democratic country where this exists. The other countries include North Korea, Iran, Rwanda, Vietnam, and China. The United States has held this position for almost a century, and this act is a step forward towards change in the music industry. Because of the laws instilled in the United States, artists also don’t get paid for their songs played on the radio abroad. Since the US music industry imports more music than they export, the music economy in the US suffers due to this.

The executive director of musicFirst Coalition, Ted Kalo said, “The bill is designated to return the music licensing system to a basic principal of Fair Play, Fair Pay.”  People assume that artists are rich if their music gets played all over the world, but this is not necessarily the case coming from the United States.