1. Decoding Copyright Laws
Choir Training for Young Singers
Fall 2013

2. What is Copyright?
Protection grounded in the U.S. Constitution that protects authors of “original works of authorship”
Available to both published and unpublished works
Laws protect those that produce and own copyrighted materials; recognizes the needs of those that use and enjoy materials

3. You-Name-It, It’s Protected!
Protects a variety of works (including poetry, movies, CD-Rom’s, video games, plays, painting, sheet music, recorded musical performances, choreography, etc.)
For our purposes, we’ll look at laws that affect music educators in pubic schools and/or sacred music settings

4. Test Your Knowledge...
A piece you want to perform with your elementary school’s chorus is out of print, but you have one original copy of the music. Because it is out of print, you may legally make a photocopy for each member of your chorus.
True or False?

5. Test Your Knowledge... False!
You must first contact the publisher of the piece to gain permission for its use. Many times, publishers will help you obtain legal copies of out-of-print music.

6. Test Your Knowledge...
Under copyright law, singers may legally make one photocopy of music for their accompanist if they purchase an original copy for themselves.
True or False?

7. Test Your Knowledge... False!
An original copy of the music must be purchased for your accompanist OR permission must be obtained from the copyright owner to duplicate the music for any reason.

8. Test Your Knowledge...
Your middle school boys are at various stages in the changing voice process. Some of the vocal parts in your repertoire are not quite feasible for every boy. Under copyright law, you are permitted to rewrite portions of these pieces to better suit the vocal abilities of your singers.
True or False?

9. Test Your Knowledge... True!
You may rewrite the vocal lines to suit the abilities of your individual singers, provided you do not alter the fundamental character of the work or change the text.

10. Test Your Knowledge...
You want to keep your choral music in pristine condition for future use (free of wrinkles, markings, and children’s sticky fingers), so you make one photocopy for each original copy that you’ve purchased to distribute to your singers. This is permitted under copyright law.
True or False?

11. Test Your Knowledge... False!
Permission from the publisher or the copyright owner must be granted to duplicate music for any reason.

12. What are the laws?
Works created after 1978: life of the longest surviving author plus 70 years
Works registered between 1923 and 1978: if published with copyright notice, 28 year copyright could be automatically renewed for add’l 67 years. If not renewed, now in pubic domain.
Works registered before 1925: Now in public domain

13. Public Domain This is free for everyone
Applies once the copyright has expired
All works published before 1925 (unless copyright has been renewed)
Copyright protection outside U.S. is determined by the laws of the country

14. What does copyright prohibit?
Copying to avoid purchase
Copying music for any kind of performance
Copying without including a copyright notice
Copying to create anthologies or compilations
Reproducing materials designed to be consumable (workbooks, answer sheets, tests)

15. A Problem Arises...
It is sometimes challenging to balance copyright laws so they address both the needs of educators and the needs of the producers of the work
Two important factors:
The pedagogical needs of music educators for reasonable access to copyrighted material
The practical need for creators and publishers to be reimbursed for their creative works

16. Fair Use Laws Takes into account: Purpose & character of the use
Nature of the work
Amount and substantiality of the portion used
Effect on the potential market for/value of the work

17. Fair Use Laws Make a copy of a lost part in an emergency
Make one copy per student (up to 10% or work) for class study as long as that 10% does not constitute a performable unit
Make a single recording of a student performance for study and for school’s archives
Make a single recording of aural exercises or test using copyrighted material

18. Fair Use Laws
Make up to 3 copies to replace a copy that is damaged, deteriorating, lost, stolen from a public library or archive (or if the existing format has become obsolete, and if, after reasonable effort by the library/archive, an unused replacement cannot be obtained at a fair price)
Make one copy of a short verbal or graphic work for teacher’s use in preparation for or during a class

19. Arrangements
Copyright owners are the only ones with exclusive rights to create arrangements. However, there are a few exceptions:
Music teachers can edit or simplify purchased, printed copies, provided they retain the fundamental character of the work, or the lyrics are not altered (or added)
Music teachers can make an arrangement of a work to the extent necessary for their ensemble

20. Performing Copyrighted Music
Face-to-face teaching exemption
Distance education exemption
Music for worship exemption
School concert exemption

21. How to Ask Permission?
Contact the copyright owner and ask, providing them with as much information as possible
Get permission in writing
Show a copyright notice on the arrangement (on all copies and all parts)
Keep in mind that permission may be denied or come with a fee
Don’t risk infringement if permission is denied!

22. How to Ask Permission? Contact copyright owner
The nature of derivation of the original work
How many copes you’ll make
Who will make the changes (you/hired arranger?)
Who will perform the arrangement
Will you sell arrangement (if so, why and for how much?
Is arrangement for one special occasion or will it become part of your groups repertoire

23. Penalties for Infringement
Statutory damages from $750 to $30,000 if the court finds that the infringer “was not aware and has no reason to believe that his/her acts constituted an infringement.”
If a court decides that the act of infringement is willful, damages can go up to $150,000 per copyright infringed!

24. Penalties for Infringement
If a court finds willful infringement for commercial advantage & private financial gain is proved, the infringer can face criminal fines up to $250,000 or five years’ imprisonment, or both!

25. Solutions for Educators
Public domain
School-wide choral library
Student/teacher composers & arrangers
Ask permission
Plan ahead!
Educate your students

26. Notable Sources
ASCAP (American Society of Composers, Authors and Publishers) - digital database of songs with info regarding copyright ownership
NAfME Copyright Information - helpful info
Harry Fox Agency - foremost mechanical licensing agency and distribution agency for music publishers in the U.S.
Music Publishers Association - contact info
Public Domain Information - helpful info