Your Department of Education, Catholic Education Office or Independent Schools Association has an agreement in place with APRA AMCOS and ARIA that covers schools for the majority of their public performance, copying and communication of music.*
We call this the Schools Music Licence. All government schools and almost all Catholic and independent schools are covered by the licence. To check if your school is covered, contact your school authority.
Read on to find out what activities are covered under the Schools Music Licence.
* APRA AMCOS musical works and ARIA sound recordings – comprising the vast majority of the world’s musical works and commercial sound recordings.
The new comprehensive Schools Music Licence provides all the coverage of the previous music licences, plus some additional permissions.
We’ve worked closely with the National Copyright Unit to ensure the new licence meets the needs of an increasingly digital education environment.
Under the new licence, schools can share videos of school events and certain other audio visual content containing music on their website and social media channels.
Schools can now make digital copies of sheet music as well as photocopies.
Physical originals owned by the school can be scanned and digitised, and music purchased as a digital file (eg. pdf) can be shared with staff and students without having to print it out and make photocopies.
The new licence allows schools to make the number of copies of sheet music reasonably required for the school’s purpose, rather than being restricted to a certain number of copies per original.
Playing and performing music
*where admission fees are charged, profits from ticket sales must go substantially the school or a registered charity.
Theatrical productions
Is your school putting on a musical or staging a drama production that uses music? You’ll need to know what kinds of productions are covered by the Schools Music Licence and when to go directly to rightsholders for the rights to perform a show.
In Australia there are two types of dramatic use of music in theatrical performances - ‘Dramatic Context’ and ‘Grand Rights’.
Dramatic Context performances use pre-existing songs to tell a dramatic story (i.e. songs that weren’t written specifically for the show in which they are being performed). Dramatic context is defined as the use of musical works: a) in conjunction with a presentation on the live stage that has: (i) a storyline; and (ii) one or more narrators or characters; or b) as a Ballet.
An example would be a show where the storyline and script have been written by a teacher or student, and a variety of pop songs are played or performed throughout the show.
Under the Schools Music Licence, schools are generally covered to put on Dramatic Context performances. However, if you are a secondary school and you are both charging for admission and advertising/promoting the show outside of the school community, you require written approval from APRA AMCOS and some restrictions may apply.
Grand Rights apply to “dramatico-musical works” - dramatic works that include music intentionally written for them (for example, operas, operettas or Broadway musicals such as Cats or Wicked). Staging Grand Rights productions in their full context (with any costumes, characters, staging or choreography that reference the original production), or performing all of the musical works together in the one concert, always requires licensing directly from the rightsholders who control the rights in Australia.
It’s common for schools to want to perform songs from popular musicals and shows, without necessarily staging the performance in its theatrical context. This is covered by the Schools Music Licence.
Recordings and audio visual content
Recordings of school events and performances, where the audio and the video footage are captured at the same time (or where only the audio is recorded), can be shared in the following ways:
Audio visual productions where a school recording of musical work has been paired with footage, or other visual elements, not captured at the same time as the audio, can also be shared in all of the ways above. For example, a recording of the school orchestra is overlaid on some drone footage of the school campus, or a recording of some students singing a popular song accompanies a montage of photos from the school camp.
If a commercially available sound recording has been used in an audio visual production, it can also be shared in the ways listed above, except on the school’s social media channels. Additional permission will be required for this (see below When do I need further permissions?)
This flow chart explains how school event recordings and audio visual productions can be shared online under the licence, depending on how the music is captured and whether commercial sound recordings have been used.
All recordings and audio visual content must display this notice: ‘This recording has been made under a licence from AMCOS and ARIA for school purposes only’.
School event recordings and audio visual productions can be sold for a cost recovery price to members of the school community, for their own private and domestic use. They may also be sold to another school for no more than the direct cost of copying the recording.
Copying sheet music
The Schools Music Licence covers schools to make physical and digital copies of print music owned by the school, or a member of staff, for school purposes. Digital copies can be saved and shared with students and staff on the school’s password protected learning management system.
Copies can also be shared with members of the school community who are assisting students with their learning, or who are attending a school event.
The number of copies that can be made from any one original is limited to the number reasonably required for the school’s purpose.
The following information should be included on each physical copy and, where practicable, accompany digital files when they are shared:
Making an exact transcription or transposition of original print music owned by the school or a member of staff is also permitted under the licence. For example, writing out the melody line or lyrics, changing the key of a song to suit the range of a student’s voice, or writing out a band part to be played on another instrument.
The Schools Music Licence covers most musical activities and uses of music at schools, but there are a few important areas that are not covered.
Some examples of activities not covered by the Schools Music Licence are:
1. Using music for a promotional or commercial purpose
If the primary purpose is to advertise or promote the school outside of the school community (including for recruitment purposes) or to advertise or promote any third party (including the business, organisation, product, or service of a member of the school community), the use of music will not be covered by the Schools Music Licence.
Examples
2. Making an arrangement of a copyright musical work (including lyric changes)
If you want to write out an arrangement of a song/work that involves adapting the original to be something new – including changes in harmonic structure, chord progressions, melody or lyrics – you will need permission from the copyright owner (usually a music publisher).
Example
3. Making copies of sheet music for private tuition
Copying sheet music for the purpose of a student learning an instrument in private lessons/tuition is not covered by the Schools Music Licence and requires permission from the copyright owner. This applies even where the lessons occur in school time, on school premises, and/or are delivered by a member of staff, and where the original is owned by the school.
Instrumental teachers can refer to our Guide to Music Copyright for Instrumental Teachers (PDF 3MB) for more information.
Example
4. Performing an entire Grand Right Work (e.g. a Broadway musical)
As covered under the Theatrical Productions section above, staging pre-existing musicals is not covered by the Schools Music Licence.
Example
5. Uploading audio visual productions to social media where a commercial sound recording has been added in post-production
Some school videos can be shared on social media under the Schools Music Licence (so long as they are not for promotional or commercial purposes) – for example, a video of a school event or a video montage overlaid with a recording of students performing a song.
However, where a commercially available sound recording has been paired with video footage that was captured separately, or with any other unrelated visuals (such as a photo montage or animation), the Schools Music Licence does not cover you to share that video on social media.
Examples
6. When other people use school facilities
The Schools Music Licence does not cover the use of music when school facilities and spaces are used by third parties for non-school purposes or are used for a commercial purpose.
The Schools Music licence does not cover the use of music when school facilities and spaces are used by third parties for non-school purposes.
Examples might include:
In these situations, the person, business or organisation using the facilities should have a OneMusic Australia licence in place, or an agreement directly with the copyright holder, to cover their music use.
Visiting musicians, performers and educators are covered by the Schools Music Licence to play music when:
a) it is for the benefit of the school community only, and
b) any proceeds of ticket sales/participation fees go to the school (or a registered charity associated with the school)
If your school is operating facilities on a commercial basis, any related music use will not be covered by the Schools Music Licence, and you will need to take out a OneMusic Australia licence to legally play music in those areas.
Here are some examples of what would be considered ‘commercial’:
If an activity is not covered by the Schools Music Licence, getting permission or a licence from the copyright owner(s) to use music in the ways outlined above is a 3-step process.
Using the APRA AMCOS song catalogue search, enter the title of the musical work/song, writer name and/or performer name. The results of your search will show the name of the publisher who represents the rights in the work.
Underneath your results, you will find a link to Publisher contact list with email contact information for major publishers.
The decision of whether or not to issue a licence or grant permission for the use of a copyright musical work rests with the copyright owner. APRA AMCOS is not in a position to provide any information about whether a licence will be granted, or the possible timeframes and costs involved.
Begin this process as far in advance of your project as possible, as it can sometimes take several weeks to complete.
Here are some great resources:
Do you have a question about the Schools Music Licence?