[Tango-L] The Australian context for copyright in Original Tango Music

[Vince Bagusauskas]

This really is an interesting topic the more I read about it.  There are 
many different factors that performers, dance schools, milongas and DJs need 
to consider.  Here is what I have distilled so far from many different 
websites for Australian copyright.

Copyright has totally been extinguished if:-
•    If the original composer and lyricist had died prior to 1955 and if the 
1st recording had been made prior to 1955 then no economic or moral 
copyright now exists in Australia.  Persons can use tango music in any way 
they see fit, including re-releasing it on CD.

Copyright has not been extinguished if:-
•    If the original recording was done post 1955:  Copyright still exists 
to 2025 in the sound recording.
•    If the composer and lyricist died post 1955: Copyright still exists in 
the musical work to 2025.

I think in most instances, the copyright in tango sound recordings have now 
been extinguished in Australia.  However, as a result of above, you may 
still need to pay a license fee to the composer and lyricist when playing 
tango at your dance event.

Different organisations in Australia collect fees for the record companies 
and for the composer/lyricist.

The organisation that collects license fees for the record companies has 
many different fee structures:-
•    The rate for milongas/practicas varies between a licensed/non-licensed 
venue from around AU$1 to AU$3 per person per event;
•    An annual Mobile DJ license fee if the DJ is not working in a venue 
holding a public license, of around AU$100; and
•    Annual fees for dance studios that varies upon the number of classes 
they hold per week.
Further reading see:
http://www.ppca.com.au/music-users-/licensing-faq/#apra
http://www.ppca.com.au/music-users-/tariffs/
Again I stress, the venue holder/DJ/dance school may have to pay a separate 
fee to the composer etc.

What about moral copyright?
Well it is not an economic right in Australia. It gives due recognition 
(that is, no money exchanged) to the composer of the musical work etc, when 
the use of the sound recording has been made in a video for example; eg 
professional performers using tango music on Youtube that they are dancing 
to.   Moral rights are extinguished when normal copyright ceases.



If I am in error in my summary above, then even the organisations that 
collect license fees say on their websites that the subject is very complex, 
so I can be corrected.

It is a fascinating subject, with each country applying their own laws on 
the matter.

Vince
in Melbourne


-----Original Message----- 
From: Brick Robbins
Sent: Wednesday, February 16, 2011 10:41 AM
To: tango-l at MIT.EDU
Subject: Re: [Tango-L] Copyright for tango music?

There are a couple of different issues that are being confused here
(at least in the USA)