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

Vince Bagusauskas vytis at hotmail.com
Fri Feb 18 07:16:00 EST 2011


The following is a response from the Licensing Department, PHONOGRAPHIC 
PERFORMANCE COMPANY OF AUSTRALIA (PPCA), to a series of questions I posed to 
them:


"On 1 January 2005, the duration of copyright increased.  The increase 
applies to all works and sound recordings which were in copyright on that 
date and those created after that date.

With regard to musical works (the written music and lyrics), copyright 
subsists until the expiration of 70 years from the end of the calendar year 
in which the author/composer of the work died. In relation to protected 
sound recordings, copyright subsists until the expiration of 70 years after 
the end of the calendar year in which the recording is first published.

This means that, while you may be playing classical music recordings, you 
may still be required to hold a licence for the public performance of the 
protected sound recording itself (which can be obtained from PPCA) if the 
recorded version of the classical music is not more than 70 years old.

In other words, while you may be playing a Beethoven composition (in which 
copyright has expired), the CD/cassette you are playing may be, for example, 
by the Australian Symphony Orchestra, recorded in 1998. As the particular 
recording by the orchestra is only 11 years old, copyright exists in the 
protected sound recording and a licence to publicly perform it is required.

With regard to your query, regarding playing recorded music from Argentina, 
I confirm we have an agreement with Argentina and a licence with PPCA would 
still be required."

So there you go.

Vince
In Melbourne





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