Copyright law and Music What you can and cannot do.

When is music copyrighted? The minute the music is complete and recorded it is considered copyrighted. You no longer have to mail a version to yourself or officially file it at a copyright office.

When can you use copyrighted music? You may use copyrighted music if you have received permission from the record company or artist. You may use copyrighted music if it is considered fair use.

What is considered Fair Use Fair use is when you may use a copyrighted material for educational purposes, to comment or criticize, or to parody. There are four factors for fair use.

The Four Factors of Fair Use The purpose and character of the use. The nature of the copyrighted work. The amount or substantiality of the portion taken. The effect of the use upon the potential market.

The Four Factors of Fair Use The factors are somewhat vague. If questioned make sure your position is solid. To be considered fair use you must meet the majority of the factors.

Scenario 1 Your students are working on projects about U.S. Presidents. You decide to play for them the song “James K. Polk” by They Might be Giants.

Scenario 1 Answer You may use this song because it correlates to the curriculum that you are teaching and it is played for the students. The song must have been legally obtained by you. You may not use a song that you illegally downloaded.

Scenario 2 Your co-teacher is the basketball coach at your school. They have asked you to bring a CD of warm-up music for the team to come out to.

Scenario 2 Answer You may not play this CD as fair use. The music will be heard by a broader audience outside the classroom. To be considered fair use it must be mainly heard by students. To play this music you would need to acquire permission.

Scenario 3 Your students are doing a PowerPoint presentation on the later half of the 20 th Century. Your students want to use Billy Joel’s “We Didn’t Start the Fire” to run the entire length of the presentation.

Scenario 3 Answer Student’s may not use the entire song. Students may only use 30 seconds of the song.