Hillview Computer Designing
P.O.Box 119
Mirboo North, Victoria, Australia, 3871
Phone/Fax: +61 3 5668 8249
Mobile: +61 427 688 290
Email:

Legal Disclaimer for recording of Audio and Video

Copyright is part of an area of law known as intellectual property. Intellectual property law protects the property rights in creative and inventive endeavours and gives creators and inventors certain exclusive economic rights, generally for a limited time, to deal with their creative works or inventions. This legal protection is designed as a reward to creators to encourage further intellectual creativity and innovation, as well as enabling access by the community to the products of intellectual property. Because intellectual property protects rights, rather than physical property, intellectual property is an intangible form of property. It is property which cannot be seen or touched.

As the right to reproduce the work is one of the exclusive rights of copyright owners in those items, making a back-up copy of a sound recording, copying a movie, slides, pictures, audio, recovering a program or data, or copying music without permission under copyright law or obtaining the copyright owner's permission infringes copyright. Infringement would occur even if the material is copied for personal use or to provide a back-up copy in the case of damage to the original. Making unauthorised copies of recordings is a criminal offence.

Whilst there are a number of exceptions to the copyright rule (which we do not intend to cover in detail here) we can only copy, backup, recover and/or communicate copyright material if you have the right to do so pursuant to copyright laws or have obtained permission from the copyright holder of that material.

To obtain permission to reproduce or recover material the following groups of people are usually the first owners of the various layers of music copyright, and should be initially contacted to obtain permission to use music in which copyright subsists:

  • The author of the material;
  • music publishers, for copyright in music (musical composition);
  • music publishers, for copyright in the words (lyrics). Although songwriters are usually the first owner of this type of copyright, many have assigned their rights to publishers; and
  • the record company who made the sound recording. (Some contact information for record companies is provided by the Australian Record Industry Association (ARIA), which is the main organisation representing owners of copyright in sound recordings.

    In some cases, licences for copyright material can be obtained from copyright collecting societies. Collecting societies have often negotiated equitable rates for licences covering common uses of copyright material on behalf of copyright owners.

    The responsibilities of the collecting societies administering the various layers of music copyright, are divided according to whether the mechanical or public performance rights are being exercised. The Australasian Performing Right Association (APRA) manages the performing rights of virtually all published music, and the Australasian Mechanical Copyright Owners' Society (AMCOS) manages the reproduction rights in music.

    AMCOS administers licences for the mechanical reproduction of music and lyrics of many composers and publishers and should be contacted about a licence to make copies of recordings of music and words still in copyright.

    A separate licence must also be obtained from the record company or other owner of copyright as shown on the label for the reproduction of a sound recording, such as dubbing a recording onto a compilation CD. Alternatively, inquiries could be directed to ARIA.

    APRA licences the public performance and communication to the public of music and lyrics. APRA represents composers, music publishers and other owners of copyright in music and lyrics.

    It is your responsibility as the person requesting the copying, backing up or recovery services to ensure that before we copy material governed by such copyright protection you have obtained permission (either by the author or contacting one of the above bodies) that allows such copying (if required) or that you are agreeing that you will abide by the terms of copyright laws and/or the copyright agreement of the original recording. We shall upon your instruction to carry out works, require you to sign an Agreement which acknowledges that you confirm that you are aware of the copyright obligations upon the item or data you are seeking to copy or recover and that you have permission to make such copy as requested by you.

    We confirm that it your responsibility to ensure that you abide by the copyright laws both prior to and following the copying of an item or data. If you use an item that we have copied, backed up or recovered at your request that is in contravention with Copyright Law then you do so at your own risk and shall indemnify Hillview Computer Designing against all actions or claims whatsoever. If you have any doubt in relation to whether you are entitled to copy, backup or recover an item or you do not understand what you may or may not copy, we strongly suggest that you obtain legal advice prior to requesting our services.

    You will also be required to acknowledge that you are indemnifying and release Hillview Computer Designing, its owners, employees and agents (its “Representatives”) from all actions, suits, causes of action, claims and demands whatsoever which you have or may at any time hereafter have against Hillview Computer Designing and its Representatives and for and in respect of any matter or thing arising out of your request for Hillview Computer Designing to copy or recover any document, recording or item in respect of any copyright infringement alleged or otherwise. This means that if you are found guilty of breach of copyright you cannot hold Hillview Computer Designing or it’s representatives responsible.

    Hillview Computer Designing do not keep any copy of any client data on any system or backup. This would be a breach of copyright on our part and would be against the law to do so. You should ensure that you retain sufficient copies of your material to avoid the complete loss of your data.

    Hillview Computer Designing are only able under copyright law to make one copy and one copy only of any item. Hillview Computer Designing cannot make more then one copy of any item even if requested to do so.

    Hillview Computer Designing undertake to take all possible care and precautions when handling your data. If Hillview Computer Designing determine that the material or data that you provide is not safe to play, copy or backup (ie: the data will not survive the process) then Hillview Computer Designing shall advise you in writing of the risks and dangers associated with the request and await your written instructions as to the future conduct of your request.

    Hillview Computer Designing does not accept responsibility to damage or destruction of property or data as a result of transport and shipping to Hillview Computer Designing. We recommend that you contact our office to discuss individual shipping requirements in order to protect your data or information.

    • Copyright © 2003 - - Hillview Computer Designing