Copyright Law and Music Technology
Fair Use Fair Use Video on YouTube Fair Use Video on YouTube Fair Use Video on YouTube Fair Use Video on YouTube
Fair Use – the law states… The Purpose and Character of the Use The Nature of the Copyrighted Work The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole The Effect of the Use on the Potential Market for, or Value of, the Copyrighted Work (the “Good Faith” factor) Transformativeness The Purpose and Character of the Use The Nature of the Copyrighted Work The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole The Effect of the Use on the Potential Market for, or Value of, the Copyrighted Work (the “Good Faith” factor) Transformativeness
Fair Use Emergency Copying Replacement must be ordered Academic Use (not performance) May not exceed 10% Not a performable unit Emergency Copying Replacement must be ordered Academic Use (not performance) May not exceed 10% Not a performable unit
Fair Use - Prohibited Copying to avoid purchase Copying for a performance* Copying to create anthologies Reproducing consumables (wkbk) Charging students beyond cost Copying to avoid purchase Copying for a performance* Copying to create anthologies Reproducing consumables (wkbk) Charging students beyond cost
Notation Software Print warm-ups, scales, etc. Not copied from published material Prep exercises for a piece Isolated rhythms, melodic fragments Edit or simplify parts for your ensemble Must not change the nature of the work Print warm-ups, scales, etc. Not copied from published material Prep exercises for a piece Isolated rhythms, melodic fragments Edit or simplify parts for your ensemble Must not change the nature of the work
Arrangements Making arrangements is the exclusive right of the copyright owner You must obtain permission Editing and simplification is allowable as mentioned in Fair Use Making arrangements is the exclusive right of the copyright owner You must obtain permission Editing and simplification is allowable as mentioned in Fair Use
Scanning Software To edit or simplify is allowed To arrange is prohibited To avoid purchase is prohibited To edit or simplify is allowed To arrange is prohibited To avoid purchase is prohibited
Sequencing and MIDI The copyright owner has the sole right to create derivative works If no MIDI file is available, you must obtain permission from copyright owner The copyright owner has the sole right to create derivative works If no MIDI file is available, you must obtain permission from copyright owner
Accompaniment Software Permission must be granted to create an arrangement for practice or performance Chord changes are not copyrighted Recording accompaniment for rehearsal may be Fair Use - unless a MIDI version is available Permission must be granted to create an arrangement for practice or performance Chord changes are not copyrighted Recording accompaniment for rehearsal may be Fair Use - unless a MIDI version is available
Audio Files Sharing copyrighted files is illegal Downloading purchased audio files is fine Sharing copyrighted files is illegal Downloading purchased audio files is fine
Recordings Single recording for study and archiving Multiple copies for students and/or community involve paying a royalty A license can be easily obtained Single recording for study and archiving Multiple copies for students and/or community involve paying a royalty A license can be easily obtained
Computer Software Commercial, Shareware, Freeware You obtain right to use, not duplicate or distribute Use on multiple computers requires a site license Commercial, Shareware, Freeware You obtain right to use, not duplicate or distribute Use on multiple computers requires a site license
Useful Resources Teaching Music with Technology by Tom Rudolph NAfME website nafme copyright center nafme copyright center The Teacher’s Guide to Music, Media, and Copyright Law by James Frankel Teaching Music with Technology by Tom Rudolph NAfME website nafme copyright center nafme copyright center The Teacher’s Guide to Music, Media, and Copyright Law by James Frankel