Terms and conditions of the APRA agreement

1. The Australasian Performing Right Association (APRA) is a non-profit organisation of composers, authors and publishers of music which administers, on behalf of these copyright owners, the rights of public performance, broadcasting and diffusion subsisting in the musical works written or published by its members.

2. Section 28 of the Copyright Act allows limited performance within schools. The performance of a musical work performed in class whilst a teacher is instructing students is permitted provided that the audience is limited to persons taking place in the instruction, or are otherwise directly connected with the place where the instruction is given. Parents are not taken to be directly connected with the place of instruction.

2.1 However, schools wish to participate in public performance of music outside the classroom, for example at concerts, speech nights, fetes, Christmas carol nights, and at other venues outside the school premises such as shopping malls, town halls etc.

2.3 The APRA 'blanket' agreement grants each participating school a licence authorising the performance in public of any or all works within the APRA repertoire. All Victorian government schools are currently covered by this Agreement, and the majority of catholic and independent schools.

3. The APRA Agreement does not authorise the following:

3.1 Performance by professional musicians where an admission charge is made

3.2 The transmission or public reception of any performance beyond the place where the performance takes place

3.3 Grand Right (or dramatico-musical) performances.

Grand Right is the right to perform any musical work in a theatrical context involving actors, costumes, lighting, scenery, etc. on a stage be it a work originally composed for this purpose or not.

a. Operas, operettas, stage shows, musicals, reviews, ballets and pantomimes are all Grand Right works. The performance of any of these works in their entirety or excepts from them if accompanied by a visual representation of that work is a Grand Right performance.
b. A work created for the stage small right material is still a Grand Right work.
c. A large choral work with or without instrumental accompaniment which is 20 minutes or more in duration is considered to be a Grand Right work.
d. The performance in whole or part of any musical and associated words composed or used for ballet if accompanied by a visual representation of that ballet or part of it.

Hiring videos from video retailers

The Australasian Film and Video Security Office (AFVSO) looks after the interests of film copyright owners and the majority of Australian film, video and television distributors. This in particular covers video-cassette films and laser-disc films hired from video retailers. Most video-cassettes hired from retailers contain a warning that 'public performance' of the film is prohibited. These cassettes are for home domestic use, and screening at schools would normally be considered public performance.

However, Section 28 of the Copyright Act 1968 provides that 'Where a literary, dramatic or musical work is performed in class . . . and is so performed by a teacher in the course of his giving instruction, not being instruction given for profit, or by a student in the course of his receiving such instruction the performance shall . . . be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given. Parents or guardians shall not be taken to be directly connected with a place where instruction is given by reason only that he is a parent or guardian of a student . . .'

This applies to sound recording and cinematographic films in like manner as it applies to literary, dramatic and musical works. However, this section of the Copyright Act does not permit schools to hire videos to 'entertain' groups of students as this is not considered 'giving instruction'. For example, the practice of using videos at the end of the year to keep students occupied is an unauthorised screening. Also the use of videos as a fund raiser or for use with parents and the general public also constitutes an infringement of the Act.

Unauthorised screenings of films in schools cause considerable losses to the film industry and so AFVCO has been instructed to actively pursue these infringements on behalf of the copyright owners and to ensure that persons infringing the law are made accountable for costs and damages, or even criminally prosecuted if the circumstances are warranted.

Schools joining video retail outlets must identify themselves as a school. Do not enrol under a teacher's name. The Australian Video Retailers' Association (AVRA) have stated that most video shops will accept the membership of a school and will allow schools to hire videos for educational purposes. However, it is the right of the video shop to refuse rental of a video if the retailer feels that the school is not adhering to Section 28.

Major film distributors, such as Roadshow (03) 9321 4999 and Allan Vogt (03) 9725 4618, hire out recent and pre-release films on video to schools for public performance. Schools may use these films with groups including the members of the general public and may charge for admission. These videos are often of films which are still playing at the cinemas and are not currently available at normal video outlets. The cost is much higher than the usual video hire, being between $70.00 and $120.00 overnight. Delivery and pick-up is available but costs $20.00 extra. Schools may open accounts with these distributors and obtain catalogues and fliers of recent releases.