Copyright Implications

April 29, 2018

AUD210 Week 10 Copyright

 

 

Throughout this semester, we have created a fair amount of work. In the real world, if we are releasing these works, without proper licenses, we might possibly infringe copyright. Here below are some things worth noting about. Overall, because the work we created are for educational purposes, we are covered under the fair dealing/ fair use limitation under the copyright laws. 

 

Soundalike

 

Our soundalike is essentially a cover version of a commercially released song. Since SAE has an educational license, if we are not going to commercially release the cover, no extra fee is to be paid. However, If we are going to commercially publish the song, the first thing to do is to get a mechanical licence from AMCOS. If we are releasing it in physical forms (e.g CD, DVD, vinyl records), for a commercial purpose we will need the Audio Manufacture Licence.

If we are also uploading cover versions to digital service providers like iTunes, Apple Music, Spotify, since these services are US-based, we need other license on top of the one from AMCOS. According to APRAAMCOS’s website, if we are doing so, we are required to take out a licence with the Harry Fox Agency (AMCOS equivalent in the USA). According to its further instructions, we would need to go to Harry Fox's Website and head to their Songfile Mechanical Licensing tool.  In cases where the Harry Fox Agency do not represent the work, you may be able to obtain a compulsory licence via RightsFlow – see www.rightsflow.com and head to the Limelight licensing area (AMCOS, n.d.).

 

Lastly, under moral rights regulations, we have to credit all the creators and the companies involved with the original versions. We cannot say that we are the creator of a work and we not do something with a work (such as change or add to it) that would have a negative impact on the creator’s reputation

 

Remixes

 

Since we have got the permission and the files from the original artist to remix his track, there would be no copyright issue involved. Such situation would very much echo the real world, which remixes are usually done with the request or consent from the original artist. However, if as remixes often involve the use of sampling, we might need license from the owners of the music we are sampling. According to Music Rights Australia, in order to sample someone else’s song, we need permission from both the owner of the sound recording copyright (typically a record company or artist) and the musical work copyright (typically a music publisher or songwriter). As a practical guide, we should contact the licensing department of the relevant record company to obtain permission for the use of the sound recording, and contact the licensing department of the relevant music publisher to obtain permission for use of the musical work (Music Rights Australia, n.d.).

 

However, as I have only used samples from freesound.org, the rules do not apply to my work. The samples that I have sourced online are all under the regulations of Creative Commons - Attribution license, meaning I am free to use and adapt the sounds, but must give appropriate credit to the owners. 

 

Jingles

 

All the jingle music I have created are new pieces of original music although making references from the original ones, and so there should be no copyright issues involved. If I am recreating the original music, I might again go through AMCOS for a mechanical license. 

 

Apart from the music, I have used some sound effects that I sourced from freesound.org and the BBC Sound effects library. All the samples I used on freesound.org falls under the Creative Commons - Attribution license, and so I would need to credit the owners as mentioned above.

 

For the BBC Sounds, the case is a bit different. According to Jake Berger, Executive Product Manager from BBC Archive Development, this sound library also needs to generate revenue from private use and so they do not allow any commercial use of their samples. However, derivative work of their samples are allowed. In short, we would not need an extra license to use the library, but if we are going to commercially release the jingles we have to pay BBC for the library (Kirn, 2018).

Lastly, since we have sources the ads which are produced and owned by real world companies, we will need to contact the owners for the license of the video. 

 

References

 

AMCOS, A. Audio Manufacture. Apraamcos.com.au. Retrieved 27 April 2018, from http://apraamcos.com.au/music-customers/licence-types/copying-and-reproducing-music/audio-manufacture/

 

Music Rights Australia - Fact Sheets. Musicrights.com.au. Retrieved 28 April 2018, from http://www.musicrights.com.au/fact-sheets/samplingmusic/

 

Kirn, P. (2018). BBC gives away 16k WAV sound effects, but disallows some uses - CDM Create Digital Music. CDM Create Digital Music. Retrieved 28 April 2018, from https://cdm.link/2018/04/bbc-gives-away-16k-wav-sound-effects-disallows-using/

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