03 April 2019

Contemporary Music, Copyright and Competition

The report by the House of Representatives Standing Committee on Communications and the Arts on its inquiry into the Australian music industry addresses terms of reference that asked the committee to inquire into and report on ‘factors contributing to the growth and sustainability of the Australian music industry’.

The Committee has made the following recommendations
Recorded Music Recommendation 1 The committee recommends that the Australian Government amend s. 152(8) of the Copyright Act 1968 to remove the one per cent cap on license fees for sound recordings. 
Recommendation 2 The committee recommends that the Australian Competition and Consumer Commission incorporate an assessment of the finalised OneMusic Australia licensing scheme when considering the re-authorisation of the Australian Performing Rights Association. 
Live music 
Recommendation 3 The committee recommends that the Australian Government invest in the Australia Council for the Arts’ domestic touring grant programs and work with state, territory, and local governments as well as industry to develop a contemporary music regional touring circuit. 
Recommendation 4 The committee recommends that the Australian Government invest in the Live Music Office. 
Incentives to use Australian music 
Recommendation 5 The committee recommends that the Australian Communications and Media Authority (ACMA) consult and work with industry stakeholders to amend and simplify the Commercial Radio Industry Code of Conduct to:  require all commercial broadcasters to meet an Australian content quota of no less than 25 per cent of all music played during the Australian Performance Period;  require all commercial broadcasters that play new music (published within the last 12 months) to meet a new Australian performances quota of no less than 25 per cent of Australian content played;  include a provision that broadcasters may be granted authorisation by ACMA on a case by case basis to broadcast a lower proportion of Australian music (or new Australian music), provided the broadcaster can demonstrate that sufficient Australian music is not available; and  report its progress to the committee by April 2020. 
Recommendation 6 The committee recommends that the Australian Communications and Media Authority consult and work with industry stakeholders to amend the Commercial Radio Industry Code of Conduct to change the Australian Performance Period to the time between 6.00am and 6.00pm. 
Recommendation 7 The committee recommends that the Australian Communications and Media Authority consult and work with industry stakeholders to amend the Commercial Radio Industry Code of Conduct to re-establish and strengthen the Australian Music Performance Committee’s oversight of the industry. 
Recommendation 8 The committee recommends that the Australian Government invest in Sounds Australia to enable it to expand its music exports program. 
Recommendation 9 The committee recommends that the Australian Government implement policy to prioritise and promote the use of Australian music and the hiring of Australian artists for government activities, events, and promotions, both in Australia and at Australian-hosted functions and events overseas. 
Recommendation 10 The committee recommends that the Department of Foreign Affairs and Trade work with the United States of America to develop mutually beneficial visa arrangements that allow artists from both countries to more easily showcase and tour. 
Talent pipeline 
Recommendation 11 The committee recommends that the Australian Government ensure that music education in primary and secondary schools is a key agenda item for the next meeting of the Council of Australian Governments. 
Recommendation 12 The committee recommends that the Australian Government invest in initiatives aimed at training and supporting artists and industry professionals to grow and develop their businesses, such as the:  Australian Music Industry Network’s RELEASE and CONTROL initiatives; and  Australia Council for the Arts’ International Music Makers and Music Managers fund. 
Recommendation 13 The committee recommends that the Australian Government invest in and seek to expand the PPCA-Australia Council Partnership and ensure that talented Australian artists have the capacity to create new recordings. 
Recommendation 14 The committee recommends that the Australia Council for the Arts introduce a ‘quick response’ grant to ensure that Australian artists are able to take advantage of time-sensitive opportunities as they arise. 
Recommendation 15 The committee recommends that the Australian Government invest in and expand the Australia Council for the Arts peer assessed grants program. 
Recommendation 16 The committee recommends that the Australian Government invest in Support Act to enable it to expand its services and deliver crisis support for artists and others working in the Australian music industry.