Copyright Issues

Recent changes have been made to the copyright laws in Australia. We've gathered this information and answered the most common questions that we get asked by Fitness Instructors. If you've ever wanted to know what you can and can't do with your music, check out this page.

Now that I own the album, can I make copies of it?

Nice try, but no go! Owning an album is not the same as owning copyright in the music, lyrics and sound recordings that are embedded in the album. So even if you have bought the album you want to copy, you cannot make a copy of it.

Can I make backup copies of my music onto CD or cassette?

Making a backup copy of a CD will involve making a reproduction of the music, lyrics and sound recording. The right to reproduce the work is one of the exclusive rights of the owners of copyright in those items. You guessed right, the answer is no.

Can I put my music onto an iPod and play it in my classes?

Putting your music onto a portable media player (such as an iPod) does involve making a reproduction of the music, lyrics and sound recording. Recent changes to the copyright laws do permit copying music to an iPod or computer hard drive for DOMESTIC USE only. Playing music in a gym is considered COMMERCIAL USE of music. You guessed it, the answer is again no.

Can I download music and play it in my classes?

It is now possible for you to obtain music from legal music download services (e.g. iTunes). Before a digital file is downloaded, you are typically asked to agree to certain conditions. These conditions will vary depending on the service you are using. Generally these terms are consistent between different services so they comply with copyright laws. For example, the iTunes Usage Rules state that "you shall be authorised to use the Products only for personal, noncommercial use" only. So once again, the answer is no.

Am I allowed to make a copy or make my own compilation of music?

You are trying everything, aren’t you? Again, there is no special exemption which allows copying of music. You are not permitted to rearrange the music on your own CD or portable music player unless you obtain permission from the owners of copyright.

Do I need a public performance licence even if I buy my music from Rhythm Express Music?

If you’re using recorded music or music videos to enhance your business in any way, then you’ll usually need a licence – permission from the copyright holder – to do so. The money you pay us for music does not include any fees for public performance licensing. The nice folks at the Australasian Performing Right Association grant licenses for the public playing of recorded music or music videos such as when:

• playing recorded music in an aerobics class;
• playing music videos in the gym; or
• playing recorded music or radio to your phone customers on hold.

Public performance licensing is usually the responsibility of the person or organisation who is in busienss by running exercise classes - which is typically the owners of a gym. However, if you are an individual instructor running your own classes in a facility you have hired (e.g. a comminuty hall or pool), you may require your own license.

For further information about public performance licensing, contact the Australasian Performing Right Association (APRA) on 1300 852 388 (toll free). For our international friends, similar bodies exist in most countries.

Is the music that is published by Rhythm Express Music legal?

Why yes! We have obtained permission from the owners of the copyright to publish the music that is on our CDs. Many hours of negotiation with record companies goes into every track we publish. We gain non-exclusive rights to publish each track prior to manufacturing a CD, and pay royalties to the music companies, record labels, artists and writers who own the original recordings.

I’m desperate for more information on copyright!

Information on copyright issues can be obtained from the Australian Copyright Council at www.copyright.org.au.