The Assembly of the Republic has recommended that the government engage in mediation with the Association of Sheet Music Publishers and Composers (AD EDIT) to negotiate “fair conditions” for the use of copies intended for teaching, study, and preservation.
This recommendation, published today in the Diário da República, follows the parliamentary approval on the 11th of initiatives from Liberal Initiative (IL), Chega, and Livre aimed at amending the copyright code to facilitate the use of sheet music by philharmonic bands and schools. The debate preceding this vote revealed common ground among the various parliamentary groups.
The primary goal of the recommendation is to establish “a mediation mechanism between AD EDIT – Association of Sheet Music Publishers and Composers, representatives of philharmonic bands, orchestras, music schools, cultural associations, publishers, composers, and the state, to negotiate fair and balanced conditions for the licensing of sheet music copies in educational, associative, and cultural contexts.”
The Assembly of the Republic further recommends that the government “create conditions for AD EDIT to adjust its tariffs to the financial realities of non-profit entities, particularly through significant reductions in license fees for free access events, social purposes initiatives, and music education and training activities.”
Financial support for community-based cultural entities in legally accessing sheet music is also covered by the parliamentary recommendation, as is the promotion of “programs to encourage the purchase of original works and training on copyright, to foster a culture of respect for creators and their legal rights.”
This concerns the Copyright and Related Rights Code (CDADC), framed by European legislation, and the creation of AD-EDIT in November 2023 for the collective management of copyrights, which introduced new licensing conditions for the use of sheet music, affecting work copies of already purchased sheet music.
This situation has caused concern among philharmonic bands, schools, orchestras, and other user entities that rely on public domain sheet music or those purchased at affordable prices.
With rising costs, philharmonic bands risk losing their ability to promote cultural activities, and schools risk losing their capacity to provide access to music education.
Several days before the debate, AD-EDIT expressed concern over a draft law that “legalizes and promotes copying without consent,” violating European directives and posing a “serious risk to the sector.”
The approved legislative projects to amend the CDADC aim to allow the creation of work copies of already purchased sheet music for preservation and use in rehearsals and concerts. This aligns with IL’s proposal, which received favorable votes from all parties, with PSD and CDS abstaining.
Chega presented a bill establishing exceptions for the reproduction of sheet music for study, teaching, and performance in associative and philanthropic contexts, approved with abstentions from PSD, Livre, PCP, and CDS-PP.
Livre recommended the regulation of sheet music use, advocating for the removal of barriers to the activity of bands while proposing state financial support for these philharmonics. This proposal faced opposition votes from Chega and PCP and abstention from IL.
The only bill rejected – with votes against from PSD and CDS and abstentions from IL and Chega – was presented by PCP. In addition to advocating for the reproduction of scores in educational, cultural, and philanthropic contexts, it proposed the creation of a public sheet music library and increased funding for artistic schools.
