First read this:
"APRA is a non-profit organisation which exists in order to administer rights granted under copyright legislation to composers and songwriters.
APRA was formed in 1926 and now represents some twenty two thousand writers and publishers throughout Australasia as well as literally hundreds of thousands of writers and publishers from around the world.
As APRA's activities (and its members' rights) are based on copyright, it is important to understand something of that field.
In Australia copyright is governed by the Copyright Act 1968, a Commonwealth Act which has been significantly amended several times during the period 1968 to 1993. Under the Act copyright is granted in relation to several different kinds of "subject matter" including "musical works". Copyright, in relation to musical works, in fact consists of several exclusive rights which are granted to the author of the work. These exclusive rights are:
(a) the right to reproduce the work;
(b) the right to publish the work;
(c) the right to perform the work in public;
(d) the right to broadcast the work;
(e) the right to transmit the work to subscribers to
a diffusion (cable broadcasting) service; and
(f) the right to adapt (arrange or transcribe) the work.
Copyright, or any of the particular rights that make it up, is able to be assigned (transferred) or licensed (permitted to be used). To enable APRA to discharge its responsibilities to members, it obtains from them an assignment of the rights referred to under (c),(d) and (e) above, i.e. the rights of public performance, broadcasting and diffusion. In return APRA licenses such rights to broadcasters and other music users in respect of which it collects fees which are distributed to the writers of the works and their publishers.
In order for APRA to efficiently administer the rights of its members it has to be advised of the titles (and other relevant details such as the names and shares of any co-writers) of the works written by them. This process of notification is commonly referred to as "registration" but should not be confused with the idea of "copyright registration" about which there is widespread misapprehension.
Under Australian copyright law (and, indeed, under the Berne Convention to which Australia is party) copyright automatically subsists in original musical works as soon as they are "reduced to a material form" (e.g. demoed on cassette tape or written down). No form of registration is required, or even provided for, under the Copyright Act.
APRA generally recommends its members to retain a copy of any unpublished work. This copy should be identified by the year in which the work was written, the name/s of the creator/s and the copyright symbol - ©. (For example: © 1993 A.P. Rain). This copy should then be signed and dated by a reliable witness - such as a Justice of the Peace. More detailed questions concerning the subsistence or ownership of copyright can be directed to the Australian Copyright Council on (02) 318 1788."
Ok, I've read here over the past few months about how all of you in the US get copyright forms etc from LOC and pay up your $30 or whatever to protect your music... but surely the US is also a signatory to the Berne Convention. By recording you songs and getting them signed by a "reliable witness" you automatically get copyright protection. Is it this simple or am I missing something?
As it says above the Australian Copyright Act does not require registration forms - so why do all of you copyright your music with LOC?
I hate all this legal crap!
"APRA is a non-profit organisation which exists in order to administer rights granted under copyright legislation to composers and songwriters.
APRA was formed in 1926 and now represents some twenty two thousand writers and publishers throughout Australasia as well as literally hundreds of thousands of writers and publishers from around the world.
As APRA's activities (and its members' rights) are based on copyright, it is important to understand something of that field.
In Australia copyright is governed by the Copyright Act 1968, a Commonwealth Act which has been significantly amended several times during the period 1968 to 1993. Under the Act copyright is granted in relation to several different kinds of "subject matter" including "musical works". Copyright, in relation to musical works, in fact consists of several exclusive rights which are granted to the author of the work. These exclusive rights are:
(a) the right to reproduce the work;
(b) the right to publish the work;
(c) the right to perform the work in public;
(d) the right to broadcast the work;
(e) the right to transmit the work to subscribers to
a diffusion (cable broadcasting) service; and
(f) the right to adapt (arrange or transcribe) the work.
Copyright, or any of the particular rights that make it up, is able to be assigned (transferred) or licensed (permitted to be used). To enable APRA to discharge its responsibilities to members, it obtains from them an assignment of the rights referred to under (c),(d) and (e) above, i.e. the rights of public performance, broadcasting and diffusion. In return APRA licenses such rights to broadcasters and other music users in respect of which it collects fees which are distributed to the writers of the works and their publishers.
In order for APRA to efficiently administer the rights of its members it has to be advised of the titles (and other relevant details such as the names and shares of any co-writers) of the works written by them. This process of notification is commonly referred to as "registration" but should not be confused with the idea of "copyright registration" about which there is widespread misapprehension.
Under Australian copyright law (and, indeed, under the Berne Convention to which Australia is party) copyright automatically subsists in original musical works as soon as they are "reduced to a material form" (e.g. demoed on cassette tape or written down). No form of registration is required, or even provided for, under the Copyright Act.
APRA generally recommends its members to retain a copy of any unpublished work. This copy should be identified by the year in which the work was written, the name/s of the creator/s and the copyright symbol - ©. (For example: © 1993 A.P. Rain). This copy should then be signed and dated by a reliable witness - such as a Justice of the Peace. More detailed questions concerning the subsistence or ownership of copyright can be directed to the Australian Copyright Council on (02) 318 1788."
Ok, I've read here over the past few months about how all of you in the US get copyright forms etc from LOC and pay up your $30 or whatever to protect your music... but surely the US is also a signatory to the Berne Convention. By recording you songs and getting them signed by a "reliable witness" you automatically get copyright protection. Is it this simple or am I missing something?
As it says above the Australian Copyright Act does not require registration forms - so why do all of you copyright your music with LOC?
I hate all this legal crap!