Updated 10 March 2022
All TAFEs (excluding Victoria) can now rely on the TAFE Music Licence with APRA, AMCOS, ARIA and PPCA, which are the collecting societies that represent music composers and record labels.
TAFEs can perform musical works live (eg a live performance by a TAFE band) and use sound recordings in different ways outside the classroom environment, under the TAFE Music Licence. For example, TAFEs can:
- perform/play a musical work live at TAFE events (eg a TAFE band playing live at a TAFE Open Day)
- play a sound recording at TAFE events (eg use recorded music in a TAFE fashion show)
- play a sound recording as background music in TAFE businesses (eg TAFE training restaurants, fitness centres or cafes)
- play a sound recording as background music in TAFE workplaces (eg staff rooms, TAFE offices)
- make a sound recording to play at TAFE events (eg copy popular songs from a music streaming service to play at a TAFE graduation ceremony)
- incorporate a sound recording into another work (eg adding music to a PowerPoint presentation)
- live stream TAFE events at which a musical work is performed or sound recording played from a social media platform (eg Facebook Live and YouTube). TAFEs can rely on the licences that APRA AMCOS and record labels have with social media platforms to communicate (ie make available) the stream on the platform. However, it is still possible that the performance may be muted or blocked. This is addressed in more detail below.
Recording your TAFE event
TAFEs can record their events that include the performance of a musical work live or a sound recording. TAFEs can also authorise a third party (eg a professional videographer hired to film a TAFE fashion show or graduation ceremony) to make a recording of a TAFE event on its behalf, and use the recording in the ways listed below.
What can I do with the recording of our TAFE event?
TAFEs can do the following with the recording of their TAFE event(s):
- upload the recording to the TAFE website and/or DTE
- upload the recording to educational apps being used for TAFE communications (eg Skillslocker)
- email a digital copy of the recording to the TAFE community (students and parents or guardians)
- provide a physical copy to the TAFE community (for example, on a USB device)
- upload the recording to the TAFE’s official social media page (although where a musical work or sound recording is played at the TAFE event the post may still be taken down – see ‘Blocking or muting of events on social media’ below).
Using recorded music in videos or presentations
TAFEs can incorporate a sound recording, or a recording of a performance of a musical work (ie a recording of a TAFE band performing a piece of music) into another unrelated work. For example, they can add a backing track to a PowerPoint presentation or to a video of a graduation ceremony or fashion show. The TAFE can do the following with this new recording:
- upload the recording to the TAFE website, password protected intranet or password protected DTE
- email or provide a physical copy of the recording to students
- upload the recording to an educational app being used for TAFE communications (for example ‘SkillsLocker’).
Note, however, the TAFE cannot upload this work to social media.
Live streaming your TAFE event
TAFEs can live stream events, where a musical work is performed live and/or a sound recording is played, in real time from TAFE social media platforms (such as Facebook or YouTube). TAFEs can rely on the licences that APRA AMCOS and record labels have with social media platforms to communicate (ie make available) the stream on the platform.
If you are live streaming a performance where a musical work or sound recording is being played on social media, it is still possible that the performance may be taken down.
Blocking or muting of events on social media
TAFEs can rely on the TAFE music licences to upload recordings of their TAFE event (including events where a sound recording is played) to the TAFE’s official social media platforms such as Facebook and YouTube. In order to communicate (ie make available) those recordings from those social media pages, TAFEs can rely on licences that APRA AMCOS and ARIA have with social media platforms.
Music recording companies (ie record labels) and some music publishers use software to identify potentially infringing content on social media platforms such as Facebook.
When a TAFE institute live streams a performance where a musical work or sound recording is played, this software may alert Facebook or other social media platforms to mute the recording or send a takedown notice to the TAFE institute. If you are concerned about a live stream or recording being muted or your TAFE being issued with a takedown notice, contact the National Copyright Unit. Alternatively, you may want to consider uploading the recording to your TAFE website or password protected intranet.