Helpful Info for Music Teachers Julie M. Collins January 14, 2011 Indiana Wesleyan University MEDO202 – “Technology in Education” Copyright Laws

Copyright is…  A law that allows protection for the creators of music, books, and other resources.  Owners alone have the “exclusive right to print, publish, copy, and sell” their works (#1)

Breaking the Law!  When a person uses information or sources without giving credit or copies/downloads without permission, this action affects the… Composer / arranger Publisher Music retailers  Results in higher prices nationwide!

Consequences  Caught stealing information or music without permission? Statutory damages: $750-$30,000 If the court finds willfulness, up to $150,000 Willful infringement for commercial advantage & private financial gain: up to $250,000 and/or five years' imprisonment, or both(1989)  This includes simple photocopying!!

So What CAN I Do?  Photocopying for emergencies only with plans for replacements  1 copy per student: Academic purposes only Multiple copies of excerpts of works Excerpts do not comprise a part of the whole…a section, movement, or aria In no case more than 10% of the whole work.

More Things You CAN Do Printed copies (purchased) may be edited OR simplified Only if fundamental character of the work is not distorted Lyrics, if any, may not be altered Lyrics may not be added if none exist

A LEGAL Way to Copy Single copy of recordings of performance by students may be made for evaluation or rehearsal purposes May be retained by the educational institution or individual teacher

This Is LEGAL, too! Single copy of a sound recording (tape, disc or cassette) of copyrighted music Can be made from sound recordings owned by a school or teacher Purpose: constructing aural exercises or exams May be retained by the school or teacher

AVOID like the Plague! Copying to avoid purchase Copying music for any kind of performance Copying without including copyright notice Copying to create anthologies or compilations Reproducing material designed to be consumable such as workbooks, standardized tests and answer sheets Charging students beyond the actual cost involved in making copies as permitted

The Magic Word  If you do not know if music is out of print, or if you absolutely must have music with a certain arrangement from the publisher, WRITE AND ASK THE PUBLISHER!  Can I copy and then ask permission? NO!

Food For Thought Can I print just the words in a concert program, even if it’s just one time? No. You must have permission before copying. Using "just the words" makes no difference.

Excuses, Excuses! What if there's not time to ask? Doesn’t matter! Think ahead.

Fair Use  Very vague and unclear guidelines  Extra caution!  6 types of classroom copyright issues: Reproducing Recording Preparing derivative works (new arrangement) Distribution Performance Display

Reproducing  Copying: Section 107 of the Copyright Act 4 factors for judging whether copying is permissible Purpose and character of the use Nature of the work Amount and substantiality of the portion used Effect on the potential market for or value of the work Exceptions: Making 1 copy per student of up to 10% percent of a musical work for class study as long as that 10% does not constitute a single performable unit

Reproducing, cont’d  Example of 10% rule: Unlawful to distribute multiple copies of complete work, even if only 10% of a book Give less than the complete work Provide a small enough amount of the whole work that it would not affect a potential sale of that work

Recording  Can make a single recording of a student performance of copyrighted material for educational or archival purposes  Can make a single copy of an aural exercise or test

Derivative Works  Can rearrange, edit, or simplify copyrighted work for educational purposes Do not change “the fundamental character” of the composition Do not alter or add lyrics  More significant alterations: contact publisher in advance for permission

Distribution  Classroom distribution of fragments of copyrighted works is allowed  Single copy of a recording for educational purposes is allowed

Performance  Require a license from ASCAP, BMI, or SESAC  Section 110: “face-to-face” teaching exemption. Live performance to demonstrate technique Playing a song on CD as part of a music history class  Performing long works (opera, ballet, or musical) Must license the full work from the publisher or one of several licensing agencies

Display Any materials acquired legally may be displayed in classroom (using a Powerpoint presentation, etc.)

Creative Commons  Home Page headline: “Our vision is nothing less than realizing the full potential of the Internet — universal access to research, education, full participation in culture, and driving a new era of development, growth, and productivity.”new era of development, growth, and productivity  Basic goals: To inspire more creativity and collaboration with resources amongst people To provide a less-intense, less-binding set of rules and regulations concerning ownership and rules

Creative Commons, cont’d Frequently Asked Questions link: Answers questions such as:  How do I apply a Creative Commons ® license to my work?  How does a Creative Commons license operate?  Do I need to sign something or register to obtain a Creative Commons license?

Resources   info/ info/  law-what-music-teachers-need-to-know/ law-what-music-teachers-need-to-know/   resources-for-learning-about-fair.html resources-for-learning-about-fair.html 