Copyright questions can arise across almost every part of a community radio station’s work, from broadcasting music and recording live performances to reading articles on air or using images online.
To help stations navigate these issues, the Australian Copyright Council has released a new Copyright Guide for Community Radio Broadcasters, developed with assistance from the Community Broadcasting Association of Australia.
The guide explains how Australian copyright law applies to radio programs, music, podcasts, written material, photographs, recordings and broadcast content. It also highlights an important distinction: while a station may own copyright in its broadcast signal, separate copyright can still exist in the music, scripts, recordings and other material included in that broadcast.
Practical Answers for Everyday Situations
The resource is structured around frequently asked questions and real-world case studies relevant to community broadcasters.
It covers five main areas:
- copyright and radio broadcasts
- using music
- written and spoken works
- images and photographs
- exceptions to copyright infringement
The guide addresses common questions about program ownership, volunteer-created content, music licensing, live events, podcasting, on-demand programs and the use of third-party material.
Who Owns a Radio Program?
Copyright ownership may depend on whether content was created by an employee, volunteer or contractor, as well as any agreements in place.
Under general copyright principles, employers usually own material created by employees as part of their work. Volunteers and contractors will generally own what they create unless they have agreed otherwise.
For this reason, the guide recommends that stations have written agreements with employees, contractors and volunteer presenters that clearly set out copyright ownership and permissions.
Music, Streaming and Podcasts
The guide explains the separate roles of APRA AMCOS and PPCA, with stations commonly requiring licences for both the musical work and the sound recording.
It also makes clear that music should not be broadcast directly from consumer streaming services such as Spotify or Apple Music. These services generally limit use to personal, non-commercial listening, and broadcasting is not considered personal use, even for a not-for-profit station.
Other topics include music in station promos, sponsorship announcements, live broadcasts, cover songs, online streaming and podcasting.
Live Performances and Third-Party Content
When recording or broadcasting live music, stations should obtain consent from performers, usually through a performer release form.
Where a station is broadcasting from an external festival or event, it should confirm that the organiser has obtained the necessary permissions and that the station is entitled to rely on them.
The guide also covers reading books, poems, plays and newspaper articles on air. Permission may be required when using the whole, or a substantial part, of a work. A short excerpt can still be substantial if it contains an important or recognisable part of the original content. There is no automatic “10-second rule” for audio clips.
Images and Fair Dealing
Images found online are usually protected by copyright. Stations should check the source, licence and website terms before using photographs, graphics or illustrations on websites and social media.
The guide also clarifies that Australia does not have a broad “fair use” exception. Australian law instead provides specific fair dealing exceptions, including criticism or review, parody or satire, reporting news, and personal research or study.
Access the Full Guide
The Copyright Guide for Community Radio Broadcasters is a useful starting point for station managers, presenters, volunteers, content teams and anyone responsible for digital publishing or live events.
It is an educational resource and does not constitute legal advice. Stations needing advice about their specific circumstances should seek independent legal assistance.