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Where can I look at various countries' copyright laws?
Where can I find a basic introduction to Australian copyright laws?
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Am I a pirate? Some common questions and answers
Who actually holds the copyright in a piece of music - artist, record company, composer/publisher or all three?
There is generally more than one owner of rights in any given track. The people who wrote the tune and the lyrics and/or their publishers own copyright in the song, whilst the maker of the recording (typically a record company) owns a separate copyright in the actual recording.
How do I know if a recording is still protected by copyright?
All recordings of music are protected by copyright as of the date they are created, and for at least 70 years afterwards. In Australia, copyright in a recording continues for 70 years after the year of first commercial release, even if this is some years after the year in which the recording was made. In relation to musical and literary works, the copyright continues for 70 years after the death of the author.
A useful indication of whether or not a recording is still subject to copyright protection is the "P" notice which typically appears on CD covers, e.g. "P" 2004 Acme Records Pty Limited. This notice indicates that copyright exists in the recording (by use of the "P" symbol), that the recording was first commercially released in the stated year (2004 in this example), and that the named person was the owner of copyright at the time the particular CD was manufactured. A recording that was given this "P" notice would continue to be subject to copyright protection until 2054.
Is it illegal for me to copy and distribute music even if I'm not making money out of it?
The question of whether or not you are copying and distributing music for profit may be relevant in assessing what penalties should apply, but it does not determine whether you are in breach of copyright. The basic legal principle is that you cannot copy or distribute music without the permission of all relevant copyright owners, except in limited circumstances.
I have bought a legitimate CD. Isn't it legal to make copies for my own personal use?
Recent changes to the law commencing January 2007 allow copying of sound recordings for personal and domestic use in certain situations. However, you should be aware that there are limits to what you can do. For example:
- You cannot burn copies of your CDs to give to friends. You can only create copies of legitimately acquired CDs for your own private and domestic use to play on another CD player that you own.
- You cannot share your music online. Uploading or distributing music on the Internet without the permission of the copyright owner is an offence, punishable under civil, and in some cases, under criminal law.
- You cannot copy other people’s CDs to your digital music player. You can, however, transfer CDs that you have acquired legitimately to your own digital music player.
- Copies of sound recordings are to be used for your own private and domestic use. They must not be played publicly or lent to friends and acquaintances. You may, however, lend copies you have made to members of your family and household.
For more information, see Changes to Copyright section.
Is there a copyright on all recordings of music I find on the internet, including music that may no longer be available commercially?
Generally, yes. While some very old recordings may have fallen into the public domain (i.e. those first commercially released over 50 years ago), the vast bulk of those that appear on the internet are still under copyright protection.
What if I just want to download a few songs to see if it's worth buying the album?
That's fine if you're specifically allowed to so by the holder of the rights. Some commercial sites, for example, will let you listen to clips from particular songs, or sample a limited download of tracks from their service, as a 'taster' of the music.
But there is no general right or exception that lets you copy before you buy without permission.
Is all file-sharing illegal?
The vast bulk of peer-to-peer 'file sharing' is considered illegal copying and transmission of copyright material. This is because the owners of copyright in most of the music being shared through these services have not authorised people to make and transmit copies of their recordings.
However, this is a matter of choice for the copyright owners involved. It's fine to share a particular song via a peer-to-peer service if the copyright owners for that song agree that it can be copied and transmitted in this way without payment or restriction.
However, most copyright owners do not allow this sort of copying and transmission because they see peer-to-peer activities as hurting sales of music and the livelihoods of people in the business (including the recording artists).
What if I download music from a site from a different country than the one I'm in, where the law might be different?
Internet activities of this sort typically involve acts of copying, transmission, or distribution in both the country in which the site is located and the country from which the music is downloaded. As a result, both countries' laws will generally apply. Copyright owners may choose to take legal action in any country or countries in which an infringer is located.
Importantly, you should be aware that if you download music files to your PC located in Australia , without the copyright owners' permission, you are committing an infringement of copyright under Australian law.
I have bought a legitimate CD. Isn't it legal to make copies for my own personal use?
Recent changes to the law commencing January 2007 allow copying of sound recordings for personal and domestic use in certain situations. However, you should be aware that there are limits to what you can do.
For example:
-
You cannot burn copies of your CDs to give to friends. You can only create copies of legitimately acquired CDs for your own private and domestic use to play on another CD player that you own.
- You cannot share your music online. Uploading or distributing music on the Internet without the permission of the copyright owner is an offence, punishable under civil, and in some cases, under criminal law.
- You cannot copy other people’s CDs to your digital music player. You can, however, transfer CDs that you have acquired legitimately to your own digital music player.
- Copies of sound recordings are to be used for your own private and domestic use. They must not be played publicly or lent to friends and acquaintances. You may, however, lend copies you have made to members of your family and household.
For more information, see Changes to Copyright section and I THOUGHT I COULD COPY MY CDS? 
Where can I find out more about the different laws on copying and copyright?
What is copyright? FAQs.
What is copyright? Where can I look at various countries' copyright laws?
Where can I find a basic introduction to Australian copyright laws?
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