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Music
Can I ...
- download music from
the web?
- use my favorite song
for a class performance?
- make copies of my CDs
for friends?
Music in the classroom
Educators are allowed restricted use of music
according to guidelines put forth by the Music
Publishers' Association.
ALLOWED:
- Make an emergency copy of sheet music or
lyrics for a performance. Replacement copies
must be purchased to replace these "emergency
copies."
- For use in the classroom, multiple copies of
excerpts of works may be made. They cannot be a
whole performable unit such as a section, a
movement or aria. It cannot comprise more than
10% of the whole work and copies may not exceed
one copy per student.
- Purchased printed copies may be edited or
simplified as long as the work is not distorted
or the lyrics altered or added if none
exist.
- One copy of recordings of performance by
students may be made for evaluation or rehearsal
purposes. This copy should be retained by the
school or teacher.
- One copy of a sound recording of copyrighted
music may be made from school or teacher owned
recordings for the purposes of aural exercises
or examinations. This single copy shall be
retained by the school or the teacher.
NOT ALLOWED:
- Copy to avoid purchase.
- Copy music for any kind of performance.
- Copy without including copyright
notice.
- Charge students beyond the actual cost of
making copies.
- Copy workbook sheets or other consumable
materials.
- Copy to create compilations or
anthologies.
For more information go the document "The United
States Copyright Law A guide for Music Educators"
found at http://www.mpa.org/cguide.html
Music recordings for projects
- Music for websites - all music is
copyrighted unless designated copyright free.
Make sure you get permission before using music
on your website.
Organizations that can help you get
permission to use music for a small fee
are:
- ASCAP: Amercian Society of Composers,
Authors and Publishers -
http://www.ascap.com/
- BMI: Broadcast Music, Inc. -
http://www.bmi.com
- CCC: Copyright Clearinghouse Center:
Republication Licensing Service -
http://www.copyright.com
- For other guidelines for use of music in
multimedia projects, see the guidelines listed
under Motion Media
Music copyright and the Internet
- Even though there is a large amount of
"free" music on the Internet, this music is
really not free.
- Downloading music off the Internet is a
copyright infringement. You have not obtained
permission to copy the music from the owner of
the copyright and you are in violation of the
copyright law.
- A common misconception is to think, "Since
I'm not selling the copies then I am not
breaking the law." By downloading copies, you
have chosen not to purchase the music yourself
and are therefore illegally taking profit away
from the copyright owner.
Myths about Music and the Internet
from Caltech University Website
- If I upload music from a CD that I own,
I'm not violating copyright law.
- FALSE. Just because you own the CD
doesn't mean you "own the music." You cannot
put music on the Internet without permission
of the copyright owner of the sound recording
and the musical composition.
- If I don't charge people for downloading
music from my site, it's not a violation of the
law.
- FALSE. If you don't hold the
copyright, you can't authorize downloads of
sound recordings even if you don't charge a
fee.
- If I just download sound recordings, it's
not a violation.
- FALSE. It's a violation if you
upload or download full-length sound
recordings without permission of the
copyright owners.
For more myths go to the Caltech Website
http://www.its.caltech.edu/its/help/policies/riaa/myths.shtml
Penalties for infringement
- You may pay damages from $750 to $30,000 if
you are found guilty of breaking copyright laws;
up to $150,000 if the court finds
willfulness.
- If you willfully broke copyright for
commercial advantage and private financial gain,
fines up to $250,000 and/or five years
imprisonment may be assessed.
References
Music Publisher's Association of the United
States. "Copying Under Copyright: A Practical
Guide." http://www.mpa.org/copyright.html. 23 June
2002.
On Copyright with
permission to link
California Institute of Technology Information
Technology Services. "Myths About Music and the
Internet." http://www.its.caltech.edu/its/help/policies/riaa/myths.shtml.
6 July 2002.
The National Association for Music Education.
"The United States Copyright Law A Guide for Music
Educators." http://www.menc.org/information/copyright/copyr.html.
21 June 2002.
Music Librarians Association - Copyright for
music librarians. "Fair Use Guidelines for
Educational Multimedia" http://www.lib.jmu.edu/org/mla/Guidelines/
. 24 June 2002.
Ladera Press. Cyberspace and New Media Law
Center - "Copyright Myths." http://www.laderapress.com/myths.html.
21 June 2002.
Brad Templeton. "10 Big Myths about copyright
explained." http://www.templetons.com/brad/copymyths.
html. 21 June 2002.
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