Terms and conditions of the AMCOS Agreement
All DEET schools are currently participating schools in the Australasian Mechanical Copyright Owners' Society (AMCOS) Copyright Licensing Agreement.
The AMCOS Agreement was re-negotiated and refined in 1994. and was in place until 31 December 1996. A new licensing period began on 1 January 1997, with no changes to the terms of the Agreement. This Agreement allows schools certain rights to copy print music which exceed the limited amount of multiple copying available under the provisions of the Statutory Licence Scheme under Part VB of the Copyright Act 1968.
Copies can only be made from an original published version of a musical work which is owned by the school or a member of staff within the school, but excludes music textbooks, music tutorials and librettos and any publications that are specifically excluded from the licence. Currently only one publishers' works are excluded from the operation of the licence - Brass Winds Publications.
Copies must be made for educational purposes, but this does not include private tuition even if it takes place on the school premises, or any external examinations.
The licensed copies may only be made for the educational purposes of that particular school, and can not be made on behalf of another school or organisation or lent to any other person other than a member of staff or student of that school. No scanning or computer storage is permitted under the AMCOS Agreement. Only photocopying print music or photocopying a hand written transcription/transposition within the specified limits is permitted.
Copying rights
1. The following copying is permitted in relation to one original print music book or piece of sheet music owned by the school or member of staff of the school:
1.1. Primary schools: up to 30 photocopies of a separately published musical work (other than a choral sheet)
Secondary schools: up to 15 photocopies of a separately published musical work (other than a choral sheet)
1.2. Primary schools: up to 30 photocopies of a work contained in a collection of works, (including Grand Right works) with a maximum of 3 works
Secondary schools: up to 30 photocopies of a work contained in a collection of works, (including Grand Right works) with a maximum of 3 works
1.3. Primary schools: up to 5 photocopies of a separately published choral work (choral sheet). This is usually a piece written for different vocal parts, eg. soprano, alto, tenor, bass; or soprano, alto etc.
Secondary schools: up to 5 photocopies of a separately published choral work (choral sheet) This is usually a piece written for different vocal parts, eg. soprano, alto, tenor, bass; or soprano, alto etc.
1.4. Primary schools: up to 30 photocopies of a hand written transposition (changing the music into another key)
Secondary schools: up to 15 photocopies of a hand written transposition (changing the music into another key)
1.5. Primary schools: up to 30 photocopies of a hand written transcription (of the words and/or melody of a song)
Secondary schools: up to 15 photocopies of a hand written transcription (of the words and/or the melody of a song)
1.6. Primary schools: up to 30 additional parts may be copied from an orchestral/band set to supplement the purchased set. It does not matter what combination of instruments is chosen, for example, 5 extra violin parts, 5 extra french horn parts, 20 extra flute parts; as long as the extra parts does not exceed 30.
Secondary schools: up to 30 additional parts may be copied from an orchestral/band set to supplement the purchased set. It does not matter what combination of instruments is chosen, for example, 5 extra violin parts, 5 extra french horn parts, 20 extra flute parts; as long as the extra parts does not exceed 30.
1.7 The permitted number of copies of a work (5/15/30) which is out of print and is not commercially available, providing that the school has been advised by the publisher of the work or its agent (AMCOS) that the work is unavailable within 3 months of ordering, and the school has made a written record of that advice.
1.9. Replacement copies of photocopies which have been lost, stolen or destroyed provided that the total copies does not exceed the permitted number of copies, for example 5/15/30.
2. This Agreement does not authorise:
2.1. The making of any arrangement, adaptation or variation of a work. Permission to arrange a work must be obtained from the copyright owner. Contact AMCOS if you are unsure who the copyright owner of the work is.
2.2 The use of any copy or parts of a copy in any external examination, for example, AMEB, ANZCAL, Trinity College examinations.
2.3 The copying or performance of any Grand Right Work (see definition below) except to the extent permitted in point 1.2.
2.4 the making or the use of any copy or parts of a copy for any form of private tuition, even when the tuition is conducted on the school premises.
2.5 Copies remain the property of the school for which they are made even if they are copied from an original work owned by a member of staff.
2.6 Copies may not be lent to any other person except a student or member of staff at the school for which the copies are made, and then only for educational purposes.
2.7 Schools may not make a copy of a copy except to replace a lost, stolen or destroyed copy.
2.8 This Agreement does not grant any right or authority for the performance, broadcast diffusion or publication of any work.
2.9 This Agreement does not permit schools to publish its own music booklet or song book. This requires written permission from copyright owners because this is the creation of a new publication and royalties would normally be payable for the right to use material in such a way. Contact AMCOS for advice on how to obtain permission from the publisher.
3.0 This Agreement does not grant any right or authority for a school to make a recording or video of copyright musical material. Both of these activities require specific licences from AMCOS.
*Grand right work means:
a. a dramatico-musical
work in its entirety.
b. an excerpt from such parts of any dramatico-musical work as consists of words
and music therefor, if accompanied by dramatic action, dumb show, costume, scenic
accessories or other visual representation of the same dramatico-musical work.
c. an oratorio or large choral work, i.e. one of more than 20 minutes duration
in its entirety.
d. any music or words composed or used for a ballet if accompanied by a visual
representation of the ballet.
In order to perform a Grand Right Work you must obtain permission from the publisher or their agent in the form of a performance contract or licence (for further details see page 9 of Music Copyright for Schools). Please note that although APRA issues blanket licences to schools for performing rights, it is unable to license Grand Right Works.
3. Marking the copies
3.1 Originals
The originals from which any copies are made must be marked with the following information:
a. the words 'AMCOS
licence (e.g. five) copies made
b. the name of the school.
c. the date the copies were made.
3.2 Copies
Copies must be marked with the following information:
a. the words AMCOS
Licensed Copy
b. the name of the school
c. the date copied
d. where the owner of the original is not the school, the member of staff who
owns the original from which the copy was made. If a teacher owns the original,
that teacher may not make further copies from that book at or for another school.
Schools are advised to purchase a stamp with the above information for marking the schools' originals and licensed copies. Schools may have these made up themselves, or may order one from AMCOS for $25 each.
4. Other coying rights permitted by the Australian Copyright Act
4.1 Transparency for instructional purposes. An overhead transparency made of a published work on the photocopier should be regarded as one of the copies made under the AMCOS Agreement.
4.2 Musical works may be copied out by hand but this hand-written copy may not be photocopied (apart from transcriptions/transpositions in 1.4 and 1.5, where the school or teacher owns an original from which a transposition/transcription is made.)
4.3 Adaptations or arrangements of music may be made by hand in class, by a student or teacher, for example, in a harmony class. These may not be photocopied under the AMCOS Agreement.
4.4 As part of questions or answers to a formal examination, for example, the end of year school examinations. These copies need not be made by hand. These copies may not be sold, published or used for any other purpose without the permission of the relevant copyright owners.
* A useful booklet has been prepared byAMCOS/APRA. It is titled Music Copyright for Schools and contains a great deal of information about the Agreement and other roles of AMCOS. Copies are currently available from:
Ann Grieve
Manager, Copyright Services
Department of Education, Employment and Training
Phone: (03) 9637 3138
Fax: (03) 9637 2740
Email: grieve.ann.1@edumail.vic.gov.au
or
Fiona Loader
National Print Music Consultant, AMCOS
Phone: (02) 9954 3655
Fax: (02) 9954 3664
email: fiona@amcos.com.au
Address: AMCOS, Locked Bag 3665, St Leonards NSW 2065