The Law Handbook 2024

766 Section 7: Consumers, contracts, the internet and copyright recordings of live performances, also infringe performers’ protection. The performance need not have an audience to be protected. It does not matter if the unauthorised recording or broadcast is made directly from the performance, or from an unauthorised recording of it. Broadcasting an authorised recording of a live performance is not an infringement of performers’ protection (although it may infringe copyright in the recording). If you permit someone to record your performance, you cannot rely on performers’ protection to control how they use the recording. Performers’ protection normally lasts for 20 years from the end of the year in which the performance took place. However, performers can take action about unauthorised sound recordings of a live performance for 50 years from the end of the year in which the performance took place. There are many circumstances where recording broadcasts of live performances are permitted. Most mirror circumstances in which copying of copyright material is permitted (e.g. for educational purposes, criticism or review). You may also record broadcasts of live performances for private use at a more convenient time without infringing performers’ protection. (See ‘Time shifting’, above, for non-infringement of copyright when recording broadcasts for private use.) The civil and criminal consequences of infringing performers’ protection are similar to those for infringement of copyright. International copyright protection To identify parties to copyright treaties, see www. wipo.int/treaties/en/. Australia, like almost all commercially significant countries, is a signatory to the Berne Convention (1886) and to other international copyright conventions. Berne requires each member state to extend its copyright protection (i.e. the copyright protection afforded to local works) to works created in the other member states (see s 184 Copyright Act; Copyright (International Protection) Regulations 1969 (Cth)). For example, The Lord of the Rings , written by UK resident JRR Tolkien, is covered by Australian copyright law as if the book had been written by an Australian resident. For more information about the copyright treaties, see the World Intellectual Property Organization’s website (www.wipo.int) . However, copyright laws differ between countries. For example, it is possible that a book may be out of copyright in Australia but still in copyright overseas. Internet use Copyright issues relating to creating websites and downloading and using material from the internet are discussed in Chapter 7.5: The internet and the law. Contacts APRA AMCOS: Australasian Performing Rights Association (APRA); Australasian Mechanical Copyright Owners Society Ltd (AMCOS) Tel: (02) 9935 7900 Email: apra@apra.com.au Web: www.apraamcos.com.au Helps music creators get paid for their work Arts Law Centre of Australia Tel: (02) 9356 2566; 1800 221 457 Email: artslaw@artslaw.com.au Web: www.artslaw.com.au The national community legal centre for artists and arts organisations Australian Copyright Council Tel: (02) 9101 2377 Email: info@copyright.org.au Web: www.copyright.org.au Legal advice is only available via the website. Copyright Agency Tel: (02) 9394 7600; 1800 066 844 Email: memberservices@copyright.com.au Web: www.copyright.com.au Collects fees and distributes royalties to creator members for the use of text and images Australian Government – IP Australia Tel: 1300 651 010 Web: www.ipaustralia.gov.au Enables searches for registered patents, trade marks and designs and applications for intellectual property rights OneMusic Australia Tel: 1300 162 162 Email: hello@onemusic.com.au Web: www.onemusic.com.au Provides public performance access to works, sound recordings and music videos in one licence