Copyright Law and Music Technology

Fair Use  Fair Use Video on YouTube Fair Use Video on YouTube  Fair Use Video on YouTube Fair Use Video on YouTube

Fair Use – the law states…  The Purpose and Character of the Use  The Nature of the Copyrighted Work  The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole  The Effect of the Use on the Potential Market for, or Value of, the Copyrighted Work  (the “Good Faith” factor)  Transformativeness  The Purpose and Character of the Use  The Nature of the Copyrighted Work  The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole  The Effect of the Use on the Potential Market for, or Value of, the Copyrighted Work  (the “Good Faith” factor)  Transformativeness

Fair Use  Emergency Copying  Replacement must be ordered  Academic Use (not performance)  May not exceed 10%  Not a performable unit  Emergency Copying  Replacement must be ordered  Academic Use (not performance)  May not exceed 10%  Not a performable unit

Fair Use - Prohibited  Copying to avoid purchase  Copying for a performance*  Copying to create anthologies  Reproducing consumables (wkbk)  Charging students beyond cost  Copying to avoid purchase  Copying for a performance*  Copying to create anthologies  Reproducing consumables (wkbk)  Charging students beyond cost

Notation Software  Print warm-ups, scales, etc.  Not copied from published material  Prep exercises for a piece  Isolated rhythms, melodic fragments  Edit or simplify parts for your ensemble  Must not change the nature of the work  Print warm-ups, scales, etc.  Not copied from published material  Prep exercises for a piece  Isolated rhythms, melodic fragments  Edit or simplify parts for your ensemble  Must not change the nature of the work

Arrangements  Making arrangements is the exclusive right of the copyright owner  You must obtain permission  Editing and simplification is allowable as mentioned in Fair Use  Making arrangements is the exclusive right of the copyright owner  You must obtain permission  Editing and simplification is allowable as mentioned in Fair Use

Scanning Software  To edit or simplify is allowed  To arrange is prohibited  To avoid purchase is prohibited  To edit or simplify is allowed  To arrange is prohibited  To avoid purchase is prohibited

Sequencing and MIDI  The copyright owner has the sole right to create derivative works  If no MIDI file is available, you must obtain permission from copyright owner  The copyright owner has the sole right to create derivative works  If no MIDI file is available, you must obtain permission from copyright owner

Accompaniment Software  Permission must be granted to create an arrangement for practice or performance  Chord changes are not copyrighted  Recording accompaniment for rehearsal may be Fair Use - unless a MIDI version is available  Permission must be granted to create an arrangement for practice or performance  Chord changes are not copyrighted  Recording accompaniment for rehearsal may be Fair Use - unless a MIDI version is available

Audio Files  Sharing copyrighted files is illegal  Downloading purchased audio files is fine  Sharing copyrighted files is illegal  Downloading purchased audio files is fine

Recordings  Single recording for study and archiving  Multiple copies for students and/or community involve paying a royalty  A license can be easily obtained  Single recording for study and archiving  Multiple copies for students and/or community involve paying a royalty  A license can be easily obtained

Computer Software  Commercial, Shareware, Freeware  You obtain right to use, not duplicate or distribute  Use on multiple computers requires a site license  Commercial, Shareware, Freeware  You obtain right to use, not duplicate or distribute  Use on multiple computers requires a site license

Useful Resources  Teaching Music with Technology by Tom Rudolph  NAfME website  nafme copyright center nafme copyright center  The Teacher’s Guide to Music, Media, and Copyright Law by James Frankel  Teaching Music with Technology by Tom Rudolph  NAfME website  nafme copyright center nafme copyright center  The Teacher’s Guide to Music, Media, and Copyright Law by James Frankel