It has been a historic year for the Australian LGBTQIA community. The passing of the Marriage Equality bill has been celebrated by Australians and people all around the globe. For gay and lesbian Australians, the law has finally caught up and reflects current social values.

The same can be said for the Australian transgender community. In a landmark decision, Re Kelvin, the Family Court is no longer required to authorise hormone treatment for teenagers with Gender Dysphoria. The decision to undergo medical treatment and hormone therapy now lies with the child seeking treatment, their parents, and the child’s medical team. This removes previous the requirement of Court approval.

What is Gender Dysphoria?

An individual whose gender identity differs from the gender they were assigned at birth experiences gender diversity (also known as transgender). Gender Dysphoria, or gender identity disorder, describes the emotional distress felt by an individual whose sense of being male or female differs from the gender they were assigned at birth. It involves a conflict between a person’s physical or assigned gender and the gender which he, she, or they, identify. In diagnosing Gender Dysphoria in children, there must be some form of emotional distress present for at least six months.

About 1.2 percent of Australian school children (about 45,000 children) are thought to identify as transgender.

Treatment for Gender Dysphoria can take many forms and is always tailored to the individual and their family. In some instances, people with Gender Dysphoria may choose to medically transition with sex-change surgery and/or hormone treatment.

Hormone treatment is a two-stage process.

Stage one delays puberty through the use of hormone blockers by temporarily suppressing the more obvious changes to an individual’s body in early puberty. Stage one is reversible and therefore does not require the Court’s approval.

Stage two treatment is the process of administering hormones (either estrogen or testosterone) to change the body to be more consistent with the adolescent’s affirmed gender; this results in permanent consequences and cannot be reversed.

Hormone treatment in Australia

For transgender teenagers in Australia, surgery is not legally permitted for individuals under 18 years of age. Undergoing hormone treatment as an adolescent previously required the Court’s approval.

The Family Law Act 1975 (Cth) confers power on the Family Court of Australia to determine applications concerning the administration of Stage two medical treatment for teenagers with Gender Dysphoria.

Stage two hormone treatment was previously classified as a “Special Medical Procedure” which goes beyond parental authority and that requires a determination by the Court.

Re Jamie is the longstanding Family Court authority that deals with hormone treatment. In this case, the Court held that Stage two hormone treatment requires the Court’s authorisation unless the child is “Gillick competent.” A child who is “Gillick-competent” is sufficiently mature to understand the proposed medical procedure and can, therefore, provide their informed consent.

A determination of “Gillick competence” can only be made by the Court meaning that all transgender adolescents seeking Stage two treatment were previously required to bring a case before the Family Court, making Australia the only country in the world that required teenagers to go through such a process.

However, in September of last year, the Family Court was asked in the case of Re Kelvin to reconsider their power to authorise Stage two treatment and determine Gillick competence.

Re Kelvin

Re Kelvin concerned a 16-year-old transgender male who made an application to the Family Court seeking approval for testosterone treatment. The case went to the Full Court of the Family Court, where the Court reviewed its role in authorising medical treatment.

In a landmark decision, the Full Court of the Family Court ruled that young people who experience gender dysphoria and wish to undergo hormone treatment may now be able to do so without the approval of the Family Court.

The Court decided that it was appropriate to depart from the authority in Re Jamie and for the law to better reflect the current state of medical knowledge. The Court recognised increased awareness of the risks associated with not treating an individual experiencing Gender Dysphoria and advancing medical knowledge in this area.

The risks involved and the consequences which arise out of the treatment being at least in some respects irreversible can no longer be said to outweigh the therapeutic benefits of the treatment.”

The decision has been welcomed by the transgender community, legal academics, and proponents of law reform.

Advocates recognise the financial burden and emotional distress involved with applying to the Family Court – a process that causes significant delays where timing is a critical factor to ensure successful treatment.

The Re Kelvin decision marks an end to a ‘bizarre legal anomaly,’ which was born of out-dated attitudes towards transgender persons.

For those in favour of a more conservative approach, it is the irreversibility of Stage two treatment that has been a cause for concern. The Family Court provided an extra measure of protection to vulnerable teenagers experiencing Gender Dysphoria. Between August 2013 and August 2017, the Family Court dealt with 63 applications for either Stage two hormone treatment or surgical intervention and approved treatment in 62 instances.

Critics argue that these decisions demonstrate the liberal exercise of power by the Family Court that did not deny treatment where it was considered to be in the child’s best interests.

Conclusion

The impact of this decision is yet to be fully realised. The Court still maintains its inherent power under the Family Law Act. It is possible that this decision will be challenged in the future. However, for the time being, it appears this has been a significant and positive step forward for the transgender community.

According to the Economist, betting losses per resident adult in 2016 amounted to $1292 last year. That is 40% higher than Singapore, which suffered the second biggest losses and double the average in other Western countries. In stark comparison, Las Vegas lost half this amount.

Pokies are still, and have always been, a recognised problem and almost half of Australia’s gambling expenditure can be attributed to the ‘slots’. This is because bet sizes are much higher than other markets, allowing punters to lose as much as $1,150 per hour.

However, the emergence and unprecedented growth of the online betting industry, including sports betting (which grew a massive 30% from 2014 to 2015), is such that on current predictions, within 10 years, sports betting will overtake the pokies as the biggest form of gambling in Australia.

Getting in the face of gamblers

According to the Federal Department of Social Services:

Online gambling is the fastest growing gambling segment, growing at 15% per annum, with over $1.4 billion gambled online each year. Digital technology is also enabling illegal operators to reach our phones, our televisions, our home computers at any time of the day or night.”

So, what factors are driving this major increase in online gambling and sports betting? Look no further than advertising.

Sports betting, in particular, has never been so easy, or so attractive. Online bookmakers like Tom Waterhouse and Sportsbet pour millions of dollars into advertising each year, including incentives for opening an account, to entice new and regular punters.

While 2012 saw $68.7 million spent on gambling adverts, in 2014 this spending rose to $149.1 million.

The speed and ease of betting on smartphone apps, live betting as well as the hundreds of bonus bets and refund promotions run by gambling agencies, it comes as no surprise that more and more Australians, particularly young men, are persuaded to grab their credit cards and sign up for the latest Sportsbet, William Hill, and Ladbrokes deals.

An estimated 500,000 Australians are at risk of becoming problem gamblers with the social cost of gambling estimated to be 4.7 billion.

Targeting a new generation

Betting agencies and major online bookmakers carefully tailor marketing techniques to appeal to a new generation of potential gamblers, moving away from gamblers likely to head towards the slots. Many agencies now focus on sports betting with a specific focus on younger generations (specifically adolescent males), to create what has been described by some commentators as the ‘gamblification of sport’.

The trend has seen an increasing number of vulnerable and impressionable young men grow up in an environment of constant exposure to embedded gambling advertising.

Showing sports betting advertisements before, during and after popular sporting events makes the euphoric feelings experienced when watching favourite sporting idols win synonymous with gambling.

It’s a highly addictive cocktail of hormones, adrenalin, endorphins and the potential to win a lot of money quickly – and it’s exactly why it is a winning recipe for betting agencies.

Viewers learn and are arguably indoctrinated about gambling through favourite sports programs. Such advertisements are often strategically shown at critical points of matches when audiences are most attentive. Many advertisements are also displayed on player uniforms and across sporting venues.

The outcome of this frequency of sports betting advertising is leading to a normalisation and legitimisation of gambling as harmless and skilful fun (not unlike sport). Increasingly, sports betting is regarded by young Australian men as a ‘key part’ of enjoying and engaging in the excitement of live sporting events.

Marketing campaigns of this kind have been described as both predatory and unacceptable by Tim Costello, the chairman of the Australian Churches Gambling Taskforce, as they have already seduced many young Australians with their high potential to create a new generation of problem gamblers.

With the risk that sports betting is becoming ‘normalised’ and mainstream, should gambling advertising be better regulated to protect the community? What is the current position?

Last month, the Turnbull government banned gambling ads five minutes before the start of a match until five minutes after the end of a match, and before 8.30pm. The changes are part of a hotly contested package of media reforms designed to combat gambling in Australia.

However, major bookmakers are savvy and already finding loopholes and other mechanisms to advertise online, such as through advertorials on websites. You don’t have to be on the internet for long to discover their presence as they are now even seeking out sponsorship arrangements with online magazine publishers.

There has been little success in restricting the booming sports betting industry. In 2013, the Federal government looked into the regulation of sports betting by conducting three inquiries. These inquiries have had little impact, other than amendments made to the Broadcasting Advertising Codes, resulting in the prohibition of in-match commentary on, and on-screen displays of, live betting odds.

Other promotional practices continue to flood Australian TV screens throughout major sporting events.

What else can be done to ensure better regulation and protection for the community?

Granted this is a contentious issue as the state governments receive a substantial amount of revenue from gambling tax. However, community concern is rising, and many Australians are looking to the Federal government to make legislative changes to limit sports gambling and advertising and to adopt better, national regulation methods.

It has been suggested that larger penalties should be imposed on gambling service providers, particularly when they engage in this kind of ‘predatory advertising’. Other suggestions have been to increase the number of warning messages featured within gambling advertisements as well as to place restrictions on the use of advertising on player uniforms.

As mentioned earlier, Australians lose more money gambling per person than any other nation globally. Australians are not winning from sports gambling nor its advertising. Isn’t it time the Federal government stepped in and responded to increased community concern?

But let’s be clear, here. Genuine sports lovers are not focussed on making money out of their desire for a particular result in a match or other major sporting event. Their interest in sport is for sport itself and not to make money out of that sporting interest. That being said, both sport lovers and as well as everyone else in the community are being targeted by betting agencies to part with their money.

High social costs of gambling

The social costs of gambling are devastating and are capable of destroying the lives of many Australians. Ramifications include personal relationship and family breakdown, loss of employment, bankruptcy, depression, suicide and criminal activity. The human costs are high but the damage to the economy is also significant.

In April this year, the Federal government reached an in-principle agreement with state and territory Ministers to introduce broad reforms to provide stronger consumer protections in online gambling. Ministers agreed that the current level of gambling advertising is not liked or desired by the broader community.

Ministers noted the Commonwealth Government is actively considering this issue. However, while the Federal government has certainly expressed a desire for greater national consistency in advertising of online wagering services, it has been surprisingly slow to actually do something positive.

It was noted at the Ministers’ meeting that:

Online gambling is the fastest growing gambling segment with rates of problem gambling three times higher than in other gambling segments.”

The Ministers did agree on “key principles underpinning eleven measures to better protect Australians’ gambling online”. Importantly, among other things, it was agreed that there would be a prohibition of lines of credit being offered to punters by wagering providers.

Ministers also agreed to the establishment of a national gambling research model commencing 1 July this year with a $3 million investment by all governments. The Commonwealth will contribute a mere $1.35 million.

Several of these eleven measures could be implemented by the end of this year but, apart from appropriate future legislative measures.

At the very least the government should actively run television, radio and online campaigns aimed at the broader community, not just sports lovers.

Such campaigns could proactively discourage inappropriate online sports gambling just as the government has with other major social issues such as the ice epidemic, skin cancer awareness, anti-smoking, suicide awareness and active living campaigns.

To put it in perspective …

Many of us are guilty of heading to the local club, hotel or even the casino to try our luck at the pokies. But sports betting is a much bigger and much more dangerous social issue. With accessibility 24/7 on our smartphones, tablets or PCs as well as advertisements flashing on our screens and plastered on sports stars’ uniforms, it’s an industry that is not only a threat to the community but also what we perceive as ‘normal’.

Further Information

If you, or anyone you know, needs help with a gambling addiction contact:

• Lifeline on 13 11 14
• Mensline Australia 1300 789 987
• Suicide Call Back Service on 1300 659 467
• Beyond Blue on 1300 22 46 36
• Headspace on 1800 650 890
• Gambling Help Online ACT on 1800 858 858; TTY 1800 777 706 for a free 24-hour anonymous counselling referral service
• Relationships Australia
• Lifeline Problem Gambling
• Mission Australia Gambling Hotline on 1800 858 858
• Gambling Help NSW

Artists and creatives can often find themselves relying on agents, managers or labels to handle the business and legal side of things and to pay musicians their entitlements for gigs, events and royalties within a reasonable period.

But if we’ve learned anything from Sixto Rodriguez, it’s that it is never wise to take anyone at face value where money is involved.

Luckily, the correct process involved in recovering a relatively small unpaid fee (under $10,000) in a way that does not inflame the situation or result in unnecessary litigation is a lot easier than it seems.

A straight-forward debt recovery process unfolds, in many ways, like a well-crafted playlist: equal parts listening, clear communication and structure. Then again, sometimes it requires turning up the intensity with a letter of demand.

Track 1: Shoegazing, Emailing 

Just like the first song on a new playlist sets the mood and establishes expectations, the first track in securing an unpaid fee should be carefully considered before any action is taken. Begin with a slow-building shoegaze strategy that conveys a detached and non-confrontational message.

This can take the form of a quick email or phone call. Keep it brief, casual and indifferent. Importantly, make sure that you give the person who owes you money enough time to respond, for example, 2 weeks. Putting undue pressure on someone to fast track a payment is the quickest way to aggravate a relationship unnecessarily.

Track 2: Indie Pop, Reminder Time

If a few weeks pass and your first communication does not achieve the result or response you are looking for, move to track two with a follow-up email. Your next step should be to seek to build on the energy and momentum you created in track one. In spite of your feelings of frustration and disappointment, the idea is to send an angst-free tune to the inbox of the person who owes you money.

Get attention on your outstanding payment by getting in their head like an earworm – with sound repetition and friendly reminders.

Like a good indie-pop hook, your main refrain should be clear, unambiguous, non-abrasive and melodic.

Peter, Bjorn & John’s ‘Young Folks’

A template you may wish to consider using:

Dear [insert agent’s name],

I hope this email finds you well.

I just wanted to follow up about payment for [insert name of event/gig/royalty] and to check whether there has been any progress. I would be grateful if you could please make the necessary arrangements for [insert relevant $$$ amount] to be deposited into my account as soon as possible as there has already been a considerable delay with your payment.

Thanks very much.

Warm regards,

[insert your name]

Track 3: Punk Rock, Letter Of Demand

If you are still having no luck recovering payment after a number of weeks/months pass, even after sending several follow up letters and email reminders, then it is time to “turn it up to eleven” with track three by sending a letter of demand.

A letter of demand is a loud and unmistakable statement and often the final step before commencing legal action. It usually happens when you have made several unsuccessful attempts to have your invoice paid and sends a message that you are taking more serious action.

As a letter of demand shows a degree of formality and represents a serious step towards initiating legal action, it can inflame a dispute. Generally, however, it is a cost-effective and efficient way to recover unpaid fees without the need to go to court.

Your letter should include:

• the sum of money owed to you
• the service provided by you
• when payment was due

You may wish to include a warning that you will consider pursuing legal action if payment is not made by the specified date.

Attach any related documentation, such as the original payment agreement, dates of phone calls or previous emails requesting payment.

A template letter you may wish to consider using:

[Your name/business name, address and contact details]

[Agent/manager’s name and business address]

[Subject heading: Letter of demand for outstanding fee payment]

Dear [insert agent/manager’s name]

RE: OUTSTANDING PAYMENT

I am writing in relation to the outstanding fees totalling [insert total dollar amount, including GST]. This amount relates to the [insert name of event/gig/royalty for which you are owed money] when I performed on [insert date].

I refer to my invoice dated [day/month/year] that was due by [date payment was due] and remains outstanding.

Please find enclosed a dated copy of the invoice. I have also attached my previous requests for payment to be made:

1. Letter dated [when first request was made]
2. Letter dated [when second request was made]

I ask that you pay me the amount of [insert total dollar amount, plus a late payment interest as agreed in our contract dated (where a late payment interest clause is in your agreement)], by [insert date – generally allow 7 days].

Payment should be made to [insert your name including bank account details and your address].

If payment is not received within 7 days of receipt of this letter, I reserve the right to take legal action to recover the monies without further notice.

Yours sincerely,

[insert signature]

[insert your name]

[date]

It is important that the information and details included in the letter of demand are completely accurate to avoid someone saying that it is false or misleading.

O-riginal tip: Send the letter by registered post and request a ‘signed proof of delivery’ card. Retain a copy of the letter (as well as all other correspondence) for your own records and keep a copy of the proof of delivery card in case you need it as evidence in court. Often the letter of demand will be considered as evidence that you took reasonable steps to recover the funds.

While you can send a letter of demand yourself, it can be much more effective if the letter is sent from and includes a law firm’s letterhead. Most firms charge a set and inexpensive fee for a letter of demand. Make it clear in your instructions to a lawyer that you are only requesting a letter of demand and not legal advice, as this will avoid unnecessary expense.

Track 4: Heavy Metal

If the due date specified in your letter of demand lapses and you have not received payment, you may wish to move to track 4 by taking action in the Small Claims Court or equivalent in your State or Territory.

This is the heavy metal stage in the debt recovery playlist where the situation has escalated and unpleasant conflict is now inevitable. Like some metal bands, the court process can sound intense, discordant and uncomfortable. However, there is a clear and relatively straightforward process.

To bring a matter in the Small Claims Court in your State or Territory, you need to file an action. Where you commence an action will depend on the amount you are owed and in which State or Territory the debt arose.

The Small Claims Division of the NSW Local Court is for debts of $10,000 or less and has been set up with simplified procedures so that you do not need to have a lawyer.

How to start a claim in your local court (NSW):

1. File a Statement of Claim form. This is available from the court by calling (02) 9287 7923 or downloading a form online.
2. Include your name and address as the ‘Plaintiff’ and the details of the person who owes you money (the ‘Defendant’). Also include relevant details of the claim, for example, invoice numbers as well as when the debt became due. The Statement of Claim form has instructions on how to complete it. You can also make an appointment with the chamber magistrate at your nearest Local Court who can help you to fill out and lodge your statement of claim. More instructions on completing forms can be found here.
3. File four copies of the completed Statement of Claim with the NSW Local Court or online registry and pay the filing fee (approximately $97). The Court retains the original.
4. Serve a sealed copy of the Statement of Claim on the person who owes you money. There are rules that must be followed on how to properly serve a document. You or the person who serves the document should complete an Affidavit of Service.

Throughout the process of recovering an unpaid fee, the number one rule is to remain calm and respectful. It can be a tiresome and frustrating task trying to recover money, however, any unprofessionalism on your part could result in bad blood and potentially destroy the possibility of ongoing business relationships.

Further Information

Template and sample letters of demand:

• Business.gov.au
• Arts Law
• Law Access

Filling out a statement of claim instructions.

How to file an action in your State or Territory:

• Victoria

Commence your claim in either in the Victorian Civil and Administrative Tribunal (depending on the nature of the dispute) or the Magistrates Court. The Victorian Magistrates Court does not have a small claims division but has jurisdiction to hear claims up to $100,000.

• NSW

The Small Claims Division of the Local Court deals with claims up to $10,000. If you are owed more than $10,000 but less than $100,000, your matter will be in the General Division of the Local Court.

• Western Austalia

Commence your claim in the Magistrates Court if you are owed less than $10,000. If you are owed between $10,000 and $75,000, you can commence a general procedure case in the Magistrates Court.

• South Australia

The Small Claims Division of the Magistrates Court deals with claims up to $6,000. If you are owed more than $6,000 but less than $100,000, the Magistrates Court hears the claim in its General Division.

• Queensland

Commence your claim in the Queensland Civil and Administrative Tribunal if you are owed up to $25,000. If the amount is more than $25,000 but less than $150,000, it will be heard by the Magistrates Court.

• Tasmania

Commence your claim as a Minor Civil Claim of the Civil Court of the Magistrates Court if you are owed $5,000 or less. To recover amounts from $5,001 to $50,000 you need to file a Civil claim. The Magistrates Court hears claims up to the value of $50,000 or above if both parties agree.

• Northern Territory

If you are making a small claim for up to $25,000 you can apply to have your matter heard through the Northern Territory Civil and Administrative Tribunal. To recover an amount between $25,001 and $250,000 you can apply to have it heard in the Local Court. If your claim is above $250,000 it will be heard by the Supreme Court.

• Australian Capital Territory

Commence your claim with the ACT Civil and Administrative Tribunal (ACAT) if the amount is up to $25,000. Claims up to $250,000 must be brought in the Magistrates Court unless both parties agree to use ACAT.

We thought it was about time to set the record straight and debunk the most common copyright law myths.

The meaning of the copyright symbol ©

Myth: If no copyright symbol © is present then I can use the material.

Reality: This is not the case! Around the world, the copyright symbol is a unique identifier that material is copyrighted, however, in Australia, the symbol itself does not need to be present for protection to exist. Every piece of creative material is protected, regardless of whether the copyright © symbol appears on the work since copyright protection in Australia is automatic as soon as the written or artistic work has been created. There is no need to register or apply for copyright protection. The only requirement is that the work is in a material form or documented in some way. For example, saved to a CD or a handwritten score. The work does not need to be published to be protected by copyright law and it does not need to be considered ‘good quality’.

I have a great concept that no one can copy because copyright law protects my ideas

Myth: Copyright law protects all types of creativity, including ideas.

Reality: Unfortunately, copyright laws do not protect ideas themselves, only the expression of ideas. That is, the way something is written, the way something sounds and the way something looks. So, if you have an idea for a new cookbook that could be a bestseller, whatever you do, don’t tell anyone about it – just start writing!

I only replicated a small portion of the work, so it is not considered a copyright infringement

Myth: You can copy another person’s work, provided you only use less than 10% of it.

Reality: There is no magic number. The test is whether a substantial or integral part of the work has been copied. In practice, this can boil down to even a few bars of music.

Prior to the release of his hit song, ‘Somebody That I Used To Know’ in 2011 Wally De Backer (aka Gotye) sought a music licence which provided that all royalties would be split 55/45 with the estate of the deceased musician, Luiz Bonfa.

Listen to the first 5 seconds, of Bonfa’s track ‘Seville’ and the introduction to Gotye’s song below to hear why:

https://www.youtube.com/watch?v=QpYsxwD4Uc0

Although these few seconds cost Gotye millions of dollars in royalties, the licence that granted him permission to do so saved him an ugly copyright lawsuit, millions of dollars in damages and legal fees as well as a damaged reputation.

Whether it’s a guitar hook, two bars of music, or a sampled design, always seek permission from the copyright owner before using any material that you did not create.

If it is published on the internet, then I can copy it

Myth: The internet is a public domain. Anyone who publishes information or content online has waived their copyright ownership.

Reality: Using the internet as a platform to publish creative work does not diminish an author’s or creator’s copyright protection. Regardless of whether work is published on the internet or in a library book, copyright protection still exists. Check for guidelines on how you can use content on a website in the Terms & Conditions. This will also tell you whether any copyright protections have been waived.

I’m going to film a parody of Guy Sebastian’s latest song on Bondi – it’ll be fine because it’s funny and everyone does this sort of thing

Myth: It’s not Copyright infringement if I’m doing it for entertainment purposes.

Reality: Although there are a number of defences that make provision for the use of certain material, these defences are limited. If the work has been used for the purposes of research or study, to report the news, to critique a work or to create a parody, or if the work is being used in a private, domestic context it may fall under ‘fair dealing’ exceptions.

If you wish to copy part of a book for the purpose of critiquing it (a valid defence under copyright law), your use must be a fair dealing and you must credit the author. This means that if there is no need to copy the entire book, and if you could use only small parts of the book to achieve the same purpose, a court may find you engaged in an unfair dealing and you may be liable for copyright infringement.

The Wrap

All in all, it’s important to be wary of what you read on the internet. Remember to follow Gotye’s lead and always err on the side of safety lest you infringe the creative rights of another person.

When it comes to copyright law, it is much easier to seek permission than to ask for forgiveness.

What common copyright myths have you stumbled across on the internet? Think we’ve missed anything? Let us know in the comments!

What didn’t cross my mind, until recently, is how performing a cover of another musician’s song may actually be against the law.

Copyright Protection Of Songs

Copyright law exists to protect every song by virtue of its creation.

There is no need to register a composition to protect your creative genius – when you write a score or record a home demo, copyright automatically steps in and gives you exclusive rights and protections. It does not matter if your song is the next number one hit or if you struggle to get your mum to listen to it:

If you created the music, Australian copyright law protects it. 

This protection comes in many different forms, giving copyright owners a number of exclusive rights to use and perform creative works, including the right to perform your music in public. Copyright law protects both the score and lyrics of a song meaning that Justin Vernon the writer and composer of ‘Skinny Love’, for example, has the exclusive right to perform his song in public.

Notwithstanding that this is unambiguously the state of the law in Australia, I found myself listening to this song being performed live by another artist. How is this possible? Do you need permission to cover a song live?

What Musicians Need To Know

For all musicians, copyright law is something that you need to be aware of and to understand.

Being aware of your personal rights as a musician is not only important to defend against unauthorised use of your own songs, but also to make sure that you do not unwittingly infringe the creative rights of another artist.

To perform a song in public, you must be granted a licence. Performing a cover without a music licence is a breach of Australian copyright law. 

The same principle applies to businesses who wish to play background music within a restaurant or shop. Without a licence, playing a song to the public is an infringement of the rights of the musician and copyright owner.

Obtaining A Music Licence

In Australia, a number of copyright collecting societies provide music licences and distribute royalties to the copyright owners.

For musicians looking to play gigs, the Australasian Performing Right Association (APRA) is the best place to start. Even if you are performing a free show or participating in a charity event hosting free live concerts you must still obtain a licence.

For businesses who wish to play background music, the Phonographic Performance Company of Australia (PPCA) provides a blanket licence that ensures your business complies with the law, however, it is also necessary to obtain a licence from APRA. Alternatively, you can seek permission from individual artists and copyright owners but this method can be onerous.

When Your Song Is Performed By Another Artist 

What happens when someone performs your song, or a substantial part of it, without your permission?

1. Seek advice on whether you have a solid claim for copyright infringement. The Australian Copyright Council has a free online legal advice service which can help you work this out.
2. If your work is being administered by a collecting society, such as APRA, notify your relevant body as soon as possible after you become aware of the possible infringement.
3. Contact the infringer. Let them know that you are the owner of the music and that they infringing your copyright by using your music without your permission and without paying for a licence.

You can do this with an informal email or an initial letter of demand that asks the performer to stop infringing your copyright without a relevant licence.

Before sending a letter of demand, or making any claims that someone has infringed your copyright, however, it is critical that you seek legal advice. If you send a threatening letter and the other musician has not actually infringed your copyright, this can be considered a groundless threat, meaning that the person you have accused of infringing your copyright can sue you for making an unsubstantiated threat of legal action.

4. If the above avenues are not successful, as a last resort, you may decide to take the matter to court. If you are successful, the court may order an injunction to stop the infringement of your copyright or make an order that a sum of money (damages) be paid to you.

At The End Of The Day

Copyright is a form of intellectual property.

The musicians behind the songs we know and love – the songs that move us, that make us feel and make our lives infinitely better – need to be protected, supported and credited by other artists, individuals and businesses. The only way artists can continue to enrich our lives is through greater respect, awareness and compliance with the moral and economic rights to their music.

How often do you perform covers as part of your set list? Have you considered the copyright implications? Let us know in the comments!

Further Information

Arts Law Centre – for more information on your rights as a musician and access to legal professionals specialising in copyright law.

To learn more about your rights as a musician visit:

• Music Rights Australia

To find safe and licenced content online visit:

• Digital Content Guide

For a list of legal digital music content providers in Australia and internationally visit:

• Pro Music

To get in touch with a legal professional specialising in entertainment law visit:

• Marque Lawyers (NSW)
• Creative Legal (WA and Vic)
• Studio Legal (Vic)
• Media Arts Lawyers (NSW and Vic)
• Shaun Miller Lawyers (Vic)
• Simpsons Lawyers (NSW)
• Sanicki Lawyers (Vic and Qld)
• McCormicks (Qld)