Using Copyrighted Music

D1case

New elf
Joined
Jan 6, 2021
Messages
5
Is there any guidance/restrictions with respect to using a Disney or Justin Bieber song, building a nice display, then posting the song and display on Youtube?
Are there any points of contact or licensed songs that can be used to facilitate presentations?
Or do people, as Nike says, just do it? Thanks
Life is good
 

cass2008

New elf
Joined
Mar 11, 2017
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27
Location
Adelaide
In regards to youtube and music....I asked APRA that very question last year. The information from APRA is "YouTube holds an overarching licence, so as long as the videos are not monetised and there is no charge to view them that licence will cover it." If you play speakers in your front yard APRA has permits for these which covers broadcasting of copyright content which you have purchased. It was about $40 for me last year.
 

TerryK

Retired Elf
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Feb 9, 2020
Messages
475
Location
West Central Ohio
Within the US, it should be covered by fair use US regulations. As I understand those, purchase of the song gives one a license to play it just about in any manner one chooses for ones own use. Copying it (multiple copies not single backup), charging others to listen, or widespread broadcasting (commercial radio) violates the license. One can resell it but copies need transferred as well or destroyed.
Playing it over short range radio or speakers is another grey part where in open areas the individual who purchased the license cannot prevent others from listening. Essentially for your display you are playing it for your pleasure. Charging someone to see the display while synced to a song likely again violates the license.
 

Freman

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Aug 9, 2021
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24
I had a chat with ARPA the other day and they have a complimentary narrowcast license for people who want to use a FM transmitter, you just have to agree you're not making money. I got my license today. Their official position on a speaker in the front yard is "we'd just view that as a private thing in your property, you can't be expected to stop passers by from listening in"
 

cass2008

New elf
Joined
Mar 11, 2017
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Location
Adelaide
I had a chat with ARPA the other day and they have a complimentary narrowcast license for people who want to use a FM transmitter, you just have to agree you're not making money. I got my license today. Their official position on a speaker in the front yard is "we'd just view that as a private thing in your property, you can't be expected to stop passers by from listening in"
Interesting that their position on speakers in the front yard has changed since last year. I wonder if it comes down to who you speak to, so make sure it's in writing. Unless you're out the front watching it all the time, I don't see how it can be justified as a private thing and not intended for public viewing/listening....Not in response to anything you've said, but it does fascinates me with other posts how people spend thousands on lights, controllers etc but come paying for music or permits etc seem to expect that they don't have to pay for it.
 

christmasdave

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Joined
Dec 10, 2020
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40
Location
NSW South Coast
@Freman How do you go about getting the complimentary narrowcast license?
I got mine a few weeks back. Sent to the email in the link that djgra79 posted and had no problems.

My intro in the email was:
My name is David and I am looking at putting up a Christmas light display on my house this year which will include music played over an FM frequency and through low power speakers in my front yard. It is intended for family and friends, however there is a likely chance, like with any private Christmas display, that the public may come to see it (COVID permitting).

and then the main points I covered were:
  • The display is not intended to be heard if you can’t see the lights,
  • Is personally funded with no commercial involvement.
  • Has no advertising (paid or otherwise) in any manner.
  • No fees will be taken and donations will not be accepted or asked for.

They replied asking for some addional info which was:
Full Name:
Address:
Contact Number:
Dates of Display:

I got approved for 1st December to 27th January as I mentioned the possibility of doing something on Australia Day. Was very simple and straighforward really. They sent an official letter back too with the approval.

I also sent the same email to OneMusic (https://onemusic.com.au/) as they seem to be the responsible for licences in relation to playing music through speakers in public (such as in restaurants, supermarkets, or any business really). I received this response:
---
Hi David,

Thanks for your email.

Performances of copyright musical works or sound recordings at private residence are considered to be 'domestic' in nature; and a general exemption is made in public performance licensing.

---

Hope this helps :)
 

richardd

Full time elf
Generous elf
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Jan 3, 2011
Messages
335
Location
Geraldton
I also plagiarised christmasdave and submitted my request yesterday Thank you @christmasdave

Today I got this:


Hi Richard

Thanks for your email.

We’re pleased to be able to offer you a complimentary Narrowcaster licence for your Halloween & Christmas light displays. Accordingly, please find the licence, and Attachment A, attached for your attention.

Please let me know if you have any questions at all regarding the licence.

Enjoy the Halloween & Festive seasons


It is valid from the 15 Oct 20 to 7 Jan 21
 

christmasdave

New elf
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Dec 10, 2020
Messages
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Location
NSW South Coast
Glad to have helped :) I didn't even think of Halloween! Might use that to test the speakers out if I can get everything ready in time. One positive with Covid, it's giving me plenty of time as a first timer to get the display together :)
 

SmartAlecLights

Im a SmartAlec what can i say!
Community project designer
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May 4, 2010
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Murray Bridge, S.A.
I found a old email from back in 2014, polished it up an sent it.. (i cant believe i stopped asking for the licence when its free)
 

djgra79

My name is Graham & I love flashing lights!
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Dec 27, 2011
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Cranbourne West
Are any of you that are applying to APRA collecting donations?
I see David's note included saying not taking donations, I wonder if you do take donations they will not approve the license?
 
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