COPYRIGHT AS APPLIED TO SQUARE DANCING (Originally written May 2001 for Australian square dance callers)
Jeff Garbutt, Western Australia

 

Are you still confused about copyright - what is and isn't covered - the types of copyright - who we have to pay - and why. Now I'm not a legal person - so the following may not be precise - but I hope to give you some answers as to reasons behind copyright- and why we are morally obligated to pay it.

 

Please note that these notes were written based on an Australian scenario. There will be variations for other countries - namely for the organizations used to control copyright.

WHY ?

 

Copyright is simply a means of making payment, (via a royalty), for a product. In this case there are two main products:

• Intellectual copyright - for the "mental work" that has gone into creating the original "words and music" of a song.

• Mechanical copyright - for the use of the medium used to play back a recording of a musical performance.

 

Why intellectual copyright ?

Every worker deserves to be paid for the work they do. A bricklayer is paid for the materials and time taken to erect a brick wall. A teacher is paid for the service of instructing someone else with knowledge. The bricklayer and the teacher have both had to "learn" their trade - and have "tools" they need to deliver their service effectively.

It therefore follows that a song-writer should be paid for the mental work done in composing a song - and for the years of learning music that led up to the art of song-writing - and the musical instruments he/she owns. The bricklayer and the teacher get paid a lump sum for their work - the song-writer, (generally), doesn't. The song-writer gets paid royalties for the use of his/her song. So they find a "publishing company" to publish the "words and music" of their composition - in return they get a royalty for each "sale" of their composition.

 

(Examine a record label - you will see; the name of the song - the performing artist - the song-writer's name - and another name such as "Warner", "Control", "Chappell", "Leeds", "Northern Songs" - these are examples of "publishing companies". Not all details are one a CD due to space - but certainly show up on most vinyl records.)

 

Why mechanical copyright ?

A singer or a band put on a concert and get paid for the performance; either as a percentage of the admission, an agreed fee or donations "in a hat". If that performance is recorded, the performer is paid for their work in the way of royalties - for the sale and use of those recordings.

(Once again -look at a record label. You will probably see words to the effect; "Unauthorised public performance, broadcasting and copying of this record prohibited".)

 

But why ?

Now have another look at the above - they both include the term "for use of". This means that anytime a record is played we have to pay copyright for use of the song (intellectual copyright), and use of the recording (mechanical copyright). Fortunately, however, "use of" implies "use of in public" (not private) - otherwise we would have to pay copyright each time we listened to a record.

In some cases the copyright owner can sell or waive the right to collect royalties. For instance, Billy Joel recently sold the rights to all his past and many of his future songs, (which means that someone else will get the future royalties in exchange for a rather large lump sum that Billy Joel now has.). And closer to our case - Square Dance Labels waive the right to collect royalties on "mechanical copyright" when their records are performed in public - because their records are sold for the specific purpose of public performance.

Public domain.

This covers items which are not subject to copyright, because:

• The original author has been dead for a given number of years, (50 years I think).

• The original author is anonymous.

• The original author has waived copyright.

We are fortunate that there is an implied understanding amongst callers that our choreography is "public domain". (Otherwise the caller who composed "square thru 4 - swing thru - boys run - ferris wheel - square thru 3" would be quite rich by now.)

 

AN EXAMPLE

To help understand the different types of copyright better - I'll use the Beatles as an example.

Back in the 60's and 70's they had a record company called "Apple"; and a publishing company called "Northern Songs". Whenever they wrote a song, the intellectual copyright was managed by "Northern Songs". So whenever someone else performed or recorded a version of one of their songs- a royalty somehow made it's way back to "Northern Songs", which in turn ended up with the songwriter, (generally Lennon/McCartney).

Whenever they released one of their songs on the market, the record company "Apple" would collect from the sale of each record - a royalty for the physical record, (mechanical copyright), and a royalty paid to "Northern Songs" for the intellectual copyright.

Now each time a "Beatles" song was recorded by another artist, the following would happen.

• A royalty for each record sold would be paid to "Northern Songs" for the use of the "words and music" used in the recording.

• A royalty for each record sold would be paid to the performer(s) recorded on the record.

Furthermore, each time a radio station plays a record - they pay royalties to cover to use of the record and the song.

To complicate the story further, the intellectual rights to most of the Beatles songs are now owned by Michael Jackson. (The history behind that is another story again).So every time Paul McCartney performs an ex-Beatle song which he himself wrote - he pays a copyright fee to Michael Jackson.

 

WHO GET'S PAID ?

Obviously it would be a nightmare to pay copyright fees to each individual record company or publishing company. So they use "collection agencies".

In Australia, APRA (Australian Performing Right Association), collect copyright fees for "intellectual copyright) - and PPCA (Phonographic Performance Company of Australia), collect copyright fees for "mechanical copyright" of music played in public.

Somehow these two companies pay to each record company and publishing company royalties which are eventually passed onto the song-writers and musicians who deserve the money. I don't know how they work out who gets what - that is a battle for the composers and musicians to work out - not us.

 

WHAT IS AND ISN'T COVERED

In the case of Square Dancing:

• Intellectual copyright is covered by our APRA licence.

• Use of "Square Dance Label Records" - is free, because square dance labels waive the right to charge copyright on the record - as the records are produced for the main purpose of being used by Square Dance Callers in public. However we are not covered for making a tape recording of a square dance record for selling to our dancers.

• Use of "pop records" - is covered by a PPCA licence. Regular record labels do not waive the right to collect copyright for their recordings.

 

How does this affect us ?

• If you only use "square dance label" records - you only need the APRA licence.

• If you have a round dance, clogging or other record from a "non square dance label" - you will probably need a PPCA licence as well

• If you make tape recordings of your calling using a "square dance label" recording for sale to your dancers, you will need to privately negotiate with the recording companies you use. (They probably allow it as a general rule as it helps promote their records).

• See my note at the bottom about mini-disks.

 

DON'T IGNORE COPYRIGHT

As a final note - don't ignore copyright. Obviously it would be nice if we didn't have to pay it. But what about the composers and performers who rely on royalties for a living ? Are they any less deserving than other workers ? If our bricklayers and teachers did not get paid - they would soon stop working - and we would not have their products and services.

Can you imagine a world without music ?

I know there is some doubt about the "collection agencies" - their administration, how do they know which music is used - how do the composers and performers get their just reward. But that is not our battle - that is a battle for the composers and musicians. If they are happy with the arrangement - we have no right to concern ourselves with it.

 

 

 

SPECIAL NOTE ABOUT MINI-DISKS

Putting all your singing call music onto "minidisks" for public performance is already widely practiced and apparently tolerated.

But is it legal ? These are my personal opinions:

 

Morally

(1) It would seem to be okay to copy your square dance label music to mini-disk provided that you keep the original vinyl record. (Essentially the mini-disk becomes a backup copy.) If you sell that original vinyl - you should then erase your mini-disk copy.

(2) You must not make a mini-disk copy of anyone else's record. This simply deprives the record producer of a sale - and is not fair.

 

Legally

It is illegal to make a mini-disk copy of a square dance vinyl record without the label owner's consent.

The key point being "label owner's consent" - as long as you have permission to do so - you are legally allowed to copy that record. And in fact - many square dance labels already unofficially seem to allow this. (Or maybe because the industry is so small anyway - it is not worthwhile trying to prosecute the many callers who have already done so - including themselves.)

 

A Compromise ?

I think many "square dance labels" unofficially take the viewpoint that callers are doing it because it more practical to take one minidisk than a box of vinyl records. And as long as callers still purchase the record and keep it - the practice is OK.

What we probably need is a formal agreement between callers and square dance labels that the "labels" will allow one and only one copy of a record for public performance - provided that you maintain ownership of the record.