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Fair Use in Music Patrick Fulton & Sara Nodine Warren D. Allen Music Library.

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Presentation on theme: "Fair Use in Music Patrick Fulton & Sara Nodine Warren D. Allen Music Library."— Presentation transcript:

1 Fair Use in Music Patrick Fulton & Sara Nodine Warren D. Allen Music Library

2 Copyright: The Basics Grants limited monopoly to the owner of original works Must be fixed in a tangible form—ideas cannot be copyrighted! Monopoly incentivizes further work from authors, artists, etc. Timeframe: Author’s life + 70 years (for works after 1978) Copyright is automatic and does not require registration (or notice) Remember: The monopoly for authors is LIMITED to protect creative freedom

3 Copyright: The Exceptions Statute of Limitations- Infringement must be claimed within three years of any incident to be valid. Public Domain- Any content that is no longer covered by current copyright law Abandonment- Copyright holder does not maintain documentation Independent Creation- Works created without knowledge of previously copyrighted material De Minimis Copying- Amount copied is insubstantial Fair Use!!

4 Fair Use Defined “...a privilege that allows someone other than the copyright owner to use a copyrighted work in a reasonable manner without the owner’s consent, notwithstanding the monopoly granted to the owner.” (from David Moser’s Music Copyright for the New Millennium, 2001) So, what determines if a use is fair?

5 Four Factors of Fair Use Purpose and character of the use Nature of the copyrighted work Amount and substantiality used Market effect

6 Fair Use Analysis Purdue University, Copyright Basics (

7 So, what does this mean in real life…? Let’s look at some common questions to consider! Remember: This is not official legal advice; we are merely providing general guidelines!

8 When is it okay to copy a musical score instead of purchasing it?

9 If I just scan the musical score and don’t print it, is this okay?

10 Am I allowed to burn a library CD to my computer? (What if it is no longer available for purchase?)

11 Can I perform from a library- owned musical score?

12 Can I perform from a photocopy of a musical score that is not available for purchase?

13 Can I use a library-owned recording in a public presentation?

14 Can I show a library-owned video in or outside of class for my students?

15 What happens in the event of a copyright violation?

16 But how do I know for sure if my use is fair use? REMEMBER: Fair use is NOT a right; it is only a defense in litigation. Fair use can ONLY be determined in a court ruling.

17 The Golden Rules If you do not own the item, you cannot make a copy of it (especially for another person). When in doubt, play it safe and DO NOT make copies in any format!

18 Questions? Licensed by: Creative CommonsCreative Commons Attribution-NonCommercial-ShareAlike 4.0 International Created by: Patrick Fulton & Sara Nodine Warren D. Allen Music Library

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