Music Copyright and Fair Use in Schools iSafe Mrs. Amy Nagle, School Library Media Specialist June 14 and 15, th grade Music Mod.

Music and Copyright  What is copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship. (Copyright in General U.S. Copyright Office)  What is protected by copyright? Copyright Law covers literary, dramatic, artistic, and musical works. Copyright covers the rights of the creator. Copyright protection begins the moment of creation.

Music and Copyright  The U.S. Copyright office has a catalog you can search to determine who owns the copyright to songs. Many times an artist will sell their copyright to someone else. catalog  Copyrights can be obtained for musical recordings and musical performances and are different copyrights. copyrights.  Music copyrights can be obtained for the composition (song), performance, and recording. They can be filed separately by different people or they can be filed as a package.

Music: Public Domain vs. Creative Commons  Some musical recordings and performances become public domain, meaning you can use them without permission. Often the copyright has expired or the music was put directly into public domain (aspiring artists).  Creative Commons is a type of copyright that allows the creator to share their work. The artist can decide how to share their work.

Music and Creative Commons  With a Creative Commons license, the creator can decide what to share. For example, users could be allowed to listen to the whole performance for free, but could not download the song for free.  There are web sites that you can search for images, music, and video that have a Creative Commons license. When searching for music or images online, use Creative Commons in your search terms. Google Advanced image search allows you to choose the license. Google Advanced image search Google Advanced image search

Fair Use and Music   Fair Use allows limited use of copyrighted material for transformative and limited use to comment, criticize, and parody work. Weird Al Yankovic often asks permission, but does not need to based on Fair Use. (Fair Use Stanford.edu)   Fair Use cases look at four factors: 1. purpose and character of your use. 2. nature of copyrighted work (information or story) 3. the amount taken from the work (“heart” of the work?) 4. the effect of use on the market (copyright holder loses income) (Fair Use Stanford.edu)   Fair Use law is kept ambiguous to allow interpretation by the courts.

Fair Use and Music Educational Guidelines  up to 10%, but in no event more than 30 seconds of the music and lyrics from an individual musical work. For example, if you wanted to use copyrighted music in a project, you could only use 30 seconds of the work (loop music).  Let’s take a look at a couple of Fair Use Music Court Cases. You decide, fair use or not?

Fair Use or Not? Violation of Copyright  Campbell v. Acuff-Rose Music, Inc  Roy Orbison’s Pretty Woman:  2Live Crew Pretty Woman

 Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F.Supp. 177 (1976) Chiffons: He’s so Fine (1963) George Harrison’s: My Sweet Lord (1970) Fair Use or Not? Violation of Copyright

 A NPMS student uses the Lady Gaga song, “Born This Way”, in its entirety for a Power Point presentation for school. Did the student violate copyright? Why or Why not.  Up to 10%, but not more than 30 seconds, of the music and lyrics from an individual musical work. Fair Use and Education Violation of Copyright