Frequently asked questions:
- Question: If I'm using a piece of music to teach my students, may I make copies of it for classroom use?
- Yes, but only if it is not used for a performance and it must not be a complete piece or movement. An excerpt is appropriate.
- Question: May I burn a CD of various artists for teaching in the classroom?
- Yes, but the school must have purchased
all of the original CDs and there may only be one copy of the teaching
CD. It must also never be sold
- Question: May I xerox an "out-of-print" piece of music?
- Only with permission in writing from the publisher
- Question: May I burn music or information from the internet for classroom use?
- Only with permission in writing from the publisher
Copyright
Copyright is the right to copy. It is a right derived from authority granted to Congress by our Constitution.
Photocopying Music
Photocopying is the biggest problem facing
the educational music publishing industry today. Every unauthorized
photocopy is a lost sale and lower sales mean smaller royalty checks for
writers.
Fair Uses
- Emergency copying to replace purchased
copies which for any reason are not available for an imminent
performance, provided purchased replacement copies shall be substituted
in due course.
- For academic purposes other than
performance, single or multiple copies of excerpts of works may be made,
provided that the excerpts do not comprise a part of the whole which
would constitute a performable unit such as a section, movement or aria,
but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.
Reasons to write a publisher for permission to copy
- Out-of print works
- Photocopying works from collections
- Extra parts for high number of students in certain sections
- Music for Contests for judges
- Choral parts or speaking parts for musicals
Classroom and instructional use
Guidelines for Classroom Copying in Not-For Profit Educational Institutions:
- Single copies for teachers of a chapter
from a book, an article from a periodical or newspaper, a short story,
short essay or short poem, a chart, graph, diagram, drawing, cartoon or
picture from a book, periodical or newspaper.
- Multiple copies for classroom use if each
copy includes a notice of copyright and if it meets the cumulative
effect tests of brevity and spontaneity.
Recordings
With the evolution of computer technology,
this may be a bigger problem than that of photocopying music. CD burners
are in many, many homes as well as businesses.
Fair Uses
- A single copy of a sound recording of
copyrighted music may be made from sound recordings owned by an
educational institution or an individual teacher for the purpose of
constructing aural exercises or examinations and may be retained by the
educational institution or individual teacher.
- A single copy of recordings of performance
by students may be made for evaluation and rehearsal purposes and may
be retained by the educational institution or individual teacher.
Live performances without commercial advantage to anyone
A live performance of a musical work is without commercial advantage to anyone and may be recorded:
- If no payments are made to any performers, promoters, or organizers; and
- If there is no direct or indirect admission charge.
Note: To study a more complete
explanation of the copyright policies for photocopying music and
recording copyrighted recordings, order "COPYRIGHT: THE COMPLETE GUIDE
FOR MUSIC EDUCATORS" by Jay Althouse published by Music In Action, PO
Box 204, East Stroudsburg, PA 18301