Sourcing Music – the Legal (and Safe) Way CBAA News, 3rd April 2013
By David Sheils, Director Broadcast & Online Services, APRA|AMCOS
APRA (Australasian Performing Right Association) AMCOS (Australasian Mechanical Copyright Owners Society) often receives queries from Community Radio Stations about legal sources of music. Can we stream Spotify or convert YouTube videos for broadcast? Where can we legally source music?
Firstly, YouTube and Spotify operate services for personal use only. The YouTube Terms of Service state the following:
“Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content.” (Terms of Service - 5. Your Use of Content)
The Spotify Terms and Conditions of Use state:
“We grant you limited, non-exclusive, revocable permission to make use of the Spotify Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). You promise and agree that you are using the Spotify Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Spotify Service or the Content.” (Item 5. Using our service).
Most, if not all, other streaming services will have similar prohibitions, which means it is not okay to use these services to obtain material for broadcast.
Please note that these prohibitions are not mandated by APRA AMCOS.
Under the APRA AMCOS Community Radio Licence, music must not be reproduced from an infringing Sound Recording of the work, so the music must be from a legitimate source such as AMRAP, (Australian Music Radio Airplay project) purchased online from sites such as iTunes and Google Play Music or CD's purchased from a store or provided by record companies or artists.
We understand that community radio stations often find it difficult to obtain music from record companies, and our licence also allows a station’s broadcasters to copy their own (legitimately sourced) music onto station’s servers for other broadcasters to use.
It is also okay to broadcast music supplied by Amrap or directly from the artist. Amrap provides a fantastic free music service that promotes Australian artists.
Sourcing music from the internet is risky. Searching for free music will give you a lot of results but knowing which sources are legitimately free is very difficult. And no one wants to be in the position of receiving a copyright infringement claim for music that they thought was fine to use.
Stations may not be aware, but, under the AMCOS section of the Community Radio Licence, they also have access to over half a million Production Music (PM) tracks, in every genre you can imagine, which can be used in Programmes, Sponsorship Announcements and Promos. A list of the music libraries available can be found in the Production Music section of our website.
All you have to do is contact one of the listed suppliers, advise them that your station holds an AMCOS licence and request access to download tracks from their sites. This music is available from PM Suppliers free of charge, provided you have acknowledged to APRA AMCOS that you are using it and paid the relevant annual fee.
What are the penalties for breaching copyright?
The Copyright Act, Trade Marks Act and other legislation provide severe penalties for dealings in music that infringe the rights of artists, composers, lyricists, producers, record companies and music publishers.
Penalties range from injunctions, damages and costs through to fines of up to $60,500 for individuals and up to $302,500 for corporations per infringement and/or up to 5 years imprisonment. The police can also issue an on-the-spot fine of $1320 and seize copyright infringing music and devices, including computers and servers used in the commission of the crime.
Directors of corporations may also be subject to such penalties.
Furthermore, copyright infringing sound recordings and devices used in their creation (eg. computers, CD burners) can be subject to orders for destruction.