Using existing music in a live show: sync, grand rights and clearances.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

Music is protected by copyright, and the owner of copyright in a musical work holds a bundle of separate exclusive rights. Under section 31 of the Copyright Act 1968 (Cth), those rights include performing the work in public, communicating it to the public, reproducing it, and making an adaptation of it. A sound recording of the song carries its own separate copyright on top of the rights in the underlying song. Each of those rights can be licensed on its own, to different people, on different terms. That is why using one song in one show can need more than one clearance.

The practical question for a producer is which of those rights the show engages, and who can grant a licence for each. Get that wrong and the show can be stopped, or the producer can face a claim after the event. The good news is that a large share of ordinary use is covered by standing licences. The trap is that the most creative uses, the ones where the music is part of the storytelling, often fall outside those standing licences and have to be cleared by hand.

What rights do you need to use someone else's music in a show?

Start by naming the use. Playing a recorded track over the speakers before the show, or as scene-change music, is a public performance of both the song and the recording. Having the cast sing a well-known song is a public performance of the song. Filming the show and putting it online adds a communication to the public and, for the recording, a synchronisation. Printing the lyrics in the program, or making a backing track, is a reproduction. Each of those is a different right, and a producer needs to work through the list rather than assume one licence covers everything.

The other half of the question is who controls each right. Performing and communication rights in songs are usually managed collectively, which makes them easy to license through a single body. Reproduction is managed partly collectively and partly direct. Synchronisation and the use of music in a dramatic context are usually not covered by the collective licences at all, and have to be cleared with the copyright owner. Knowing which bucket a use falls into is most of the work.

Small rights and the OneMusic licence.

Most ordinary public performance of music is licensed collectively. APRA AMCOS administers the performing and communication rights in songs on behalf of songwriters and publishers, and OneMusic Australia is the joint licensing service that covers businesses, venues and events. Through a OneMusic licence, a venue or event can play and perform a wide catalogue of music without clearing each song one by one. The recording side is covered too, because the PPCA rights in sound recordings are part of the OneMusic offering. This is the licence that covers background music, interval music, and most concert-style performance.

These are the small rights, or non-dramatic performing rights. They cover music performed on its own, such as a band playing a set or recorded tracks filling a room, where the music is not being used to tell a story. If your use of existing music sits here, a OneMusic licence for the venue or event is usually the answer, and no direct clearance with the publisher is needed. Our note on OneMusic, APRA AMCOS and PPCA licences sets out how those licences work for venues and events.

What is a “dramatic context”, and why does it change everything?

The line that matters for theatre is whether the music is used in a dramatic context. APRA AMCOS defines dramatic context as the performance of musical works, in its words, “in conjunction with a presentation on the live stage that has (i) a storyline; and (ii) one or more narrators or characters; or as a Ballet”. A storyline is a chain of events, factual or fictional or both, told in an interrelated sequence or arc. Songs strung between links of patter, or grouped by a loose theme, are not a storyline. A show where the songs carry a plot is.

When music is used in a dramatic context, the standing collective licence does not simply cover it. APRA AMCOS can license some music in a dramatic context, but only where the copyright owner has appointed it as agent for that use, the production fits the definition, and the owner has placed no restriction on the work. Once the use crosses into a dramatic context, the producer cannot assume a venue licence will do the job, and has to check whether the specific songs can be licensed through APRA AMCOS or must be cleared elsewhere.

When must you go direct to the publisher?

Some uses fall outside the collective licence entirely and can only be cleared with the copyright owner, usually the music publisher. The clearest example is a Grand Right Work. That is a work where the music was specially written for the stage, such as an opera, an operetta, or a stage musical. Staging one of those, or lifting songs out of one, is a grand right use that the publisher controls directly. APRA AMCOS also stands back where a production uses three or more works from a Grand Right Work, or two or more of them in a row.

A publisher can also mark an individual song as “Restricted” or “Go Direct”, which means the owner wants to approve the use itself rather than have it licensed collectively. That is common for well-known songs, for biographical or controversial productions, and for larger venues. The result is the same in each case: the producer contacts the publisher, explains exactly how the song will be used, and negotiates a licence and a fee before the show is locked in. This can take time, and a publisher can say no, so it belongs at the start of planning, not the week before opening.

Do you need a synchronisation licence?

The moment a show is filmed or recorded, a new right appears. Combining music with moving images is a synchronisation, and a synchronisation licence is not administered by APRA AMCOS. It is granted directly by the owners. There are two of them. The synchronisation of the song is licensed by the music publisher or songwriter, and the use of a particular sound recording is licensed separately by the record company or artist that released it. A producer who films the season for a trailer, a streamed performance, or an archival recording that will be shared needs both, on top of any performance licence.

This catches producers who cleared the live performance properly and then filmed the show without a second thought. The live licence does not carry over to the recording. If the footage goes online there may also be a streaming licence to obtain, and a public screening of the recording can bring OneMusic back into the picture. The safe course is to decide early whether the show will be filmed, and to clear the synchronisation and master rights for any existing music before the camera rolls. The Arts Law Centre of Australia publishes a checklist for music synchronisation that is a useful starting point.

Reproduction: backing tracks and sheet music.

Reproduction is the right that is easiest to forget. Making a backing track, burning a copy of a recording for the sound desk, arranging a song for the band, or photocopying sheet music are all reproductions of the work, and reproduction is a separate right under the Copyright Act. The mechanical and reproduction side is administered by AMCOS for many uses, and some arrangements and printed music are cleared directly with the publisher. A production that builds its own backing tracks from existing songs should confirm it has the reproduction right cleared, not just the right to perform.

Making an arrangement of a song is a further step again, because arranging is making an adaptation, which is one of the exclusive rights in section 31. An arrangement made without permission can infringe even if the performance is otherwise licensed. If the show reworks an existing song rather than performing it as written, that adaptation needs its own clearance from the owner.

What a producer should do before the season.

Work through the music cue by cue. For each piece of existing music, write down how it is used: background or concert style, or woven into a storyline; performed live or played from a recording; sung as written or arranged; and whether the show will be filmed or streamed. That list tells you which rights are engaged. Then match each use to its source: a OneMusic licence for ordinary performance, a check with APRA AMCOS for music in a dramatic context, and a direct approach to the publisher for grand right works, restricted songs, arrangements, and synchronisation.

Leave time for the clearances that need a person to say yes. A collective licence is quick. A direct clearance with a publisher, especially for a famous song or a biographical show, can take weeks and can be refused, which may force a change to the show. A producer who maps the music at the start, and clears it in the right order, protects both the budget and the season. Advice before the program is set is far cheaper than a dispute after opening night. Our note on copyright basics for performing artists covers the underlying rights in more detail.

Frequently asked.

Do I need a licence to use a famous song in my show?

Yes, in almost every case. A song is protected by copyright, and the owner controls performing it in public, communicating it, reproducing it, and adapting it under section 31 of the Copyright Act 1968 (Cth), with the sound recording carrying its own separate copyright. How you clear it depends on the use. Ordinary performance is usually covered by a OneMusic licence for the venue or event, but music woven into a storyline, or lifted from a stage musical, often has to be cleared directly with the publisher.

What is the difference between small rights and grand rights?

Small rights, or non-dramatic performing rights, cover music performed on its own, such as a concert set or background music, and are licensed collectively through APRA AMCOS and OneMusic. Grand rights, or music used in a dramatic context, cover music performed as part of a staged presentation with a storyline and characters, or a ballet, and for many works must be cleared directly with the copyright owner. The distinction turns on whether the music is being used to tell a story.

Does a OneMusic licence cover a musical or a play with songs?

Not always. A OneMusic licence covers ordinary public performance of music. Once music is used in a dramatic context, meaning a live stage presentation with a storyline and one or more characters, or a ballet, APRA AMCOS only licenses it in limited circumstances, and grand right works such as stage musicals must be cleared with the publisher. A producer staging a musical, or building a show around a plot carried by songs, should not assume a venue licence is enough.

Do I need a synchronisation licence to film my show?

Yes, if existing music features in the footage. Combining music with moving images is a synchronisation, and it is not administered by APRA AMCOS. You clear it directly with the owners: the music publisher or songwriter for the song, and the record company or artist for any sound recording used. A licence to perform the music live does not extend to filming or recording it, so the sync and master rights must be cleared separately before the show is filmed or streamed.

Can the copyright owner refuse to let me use a song?

Yes. Where a song must be cleared directly, such as a grand right work or a song marked Restricted or Go Direct, the publisher can decline, or can set conditions and a fee. This is common for well-known songs and for biographical or controversial productions. Because a refusal can force a change to the show, direct clearances should be sought at the planning stage, not close to opening, so there is time to negotiate or to choose different music.

Do I need a separate licence to make a backing track?

Often yes. Making a backing track, copying a recording, or photocopying sheet music is a reproduction, which is a separate right under the Copyright Act 1968 (Cth). Reproduction is administered by AMCOS for many uses, and some arrangements and printed music are cleared directly with the publisher. Arranging a song is making an adaptation, another exclusive right, so a reworked version needs its own clearance even if the performance itself is licensed.

If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 25 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.

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