Copyright for musical Compositions. -
To have your compositions and creative works copyrighted you need to sign up on the copyright Australia page. When have an account you can register your creative pieces via the main menu. When do all the processes you will receive their certification of a time-stamped deposit which is undisputable proof as an author or creator. (Copyright Australia, n.d.)
Signing up to APRA AMCOS gives businesses permission to play, perform, copy, record or make your music available for them to use. When they use them you collect payments from them. (APRA AMCOS, n.d.)
Sampling-
The legal problems associated with sampling from using another person’s original sound recording without prior permission constitutes copyright infringement.
Sampling without permission infringes copyright in three ways.
1. breach of copyright in the original sound recording.
2. breach of copyright in the underlying music and lyrics.
3. constitutes unauthorised use of the performances in the original work.
(Salmon. R, 2008)
Even if you process, beyond recognition, you need permission to sample. Gain sample clearance from the record label, publisher(s), and respective copyright owners.
Otherwise people can recreate the sample for you to use. Which wouldn’t break the sound recording copyright, and would only require one pair of permissions from the publisher of the music and lyric.
(Salmon. R, 2008)
Agreements
The first thing new bands should do should be to develop a Band Partnership Letter agreement together with a list of the clauses and what they cover.
The letter is usually done by the founding member to the others in the band, and the others sign it when they agree. (APRA AMCOS, n.d.)
Basically says I think this is how we want the band to run so, if you agree with me, sign the bottom of the letter to show that. Then the deal is done. (Arts Law, n.d.)
A contract is official if there is an agreement, acceptance of the agreement, consideration and intention. Ideally you work out percentages each band member gets, song by song, as it won’t be the same for all songs before registering each song.
The ownership should reflect who the copyright owner is of the separate components of the song - the music, lyrics and sound recording. (APRA AMCOS, n.d.)
The band agreement provides a legal way to set out how the ownership of the songs to be split, in writing. Registering with APRA doesn’t actually define who owns which part of the work for issues beyond royalties. Bands need to sign a new agreement each time the membership of the band changes. (Arts Law, n.d.)
A 'Memorandum of Understanding is generally used to document a relationship of goodwill between parties to a MOU. New bands who are not making promises that you or the other party want to be able to legally enforce in a court or through some other legal process.
(Arts Law, n.d.)
References:
Apra Amcos, (2017) Unpacking band agreements. Retrieved August 14, 2018 from http://apraamcos.com.au/news/2017/february/unpacking-band-agreements-plus-song-splits-with-arts-law/
Apra Amcos. (n.d.). Become a writer member. Retrieved august 14, 2018 from http://apraamcos.com.au/music-creators/become-a-writer-member/
Arts law. (n.d.) Contracts and other forms of agreement. Retrieved August 14, 2018 from
https://www.artslaw.com.au/art-law/entry/contracts-and-other-forms-of-agreement/
Arts law. (n.d.) Information sheet. Retrieved August 14, 2018 from https://www.artslaw.com.au/info-sheets/info-sheet/music-bands-and-recording-artists/
Arts law. (n.d.) Sample Agreements. Retrieved August 14,2018 from https://www.artslaw.com.au/sample-agreements/sample-agreement/band-partnership-letter-agreement#add-to-cart
Copyright Australia. (n.d.). Register a copyright, protect a creative work, protect an invention, how to register a creation? Retrieved August 14, 2018 from
https://copyright-australia.com/register_an_invention_a_creative_work.aspx
Salmon, R. (2008) Sound on Sound.- Sample clearance. Retrieved August 14, 2018 from https://www.soundonsound.com/sound-advice/sample-clearance
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