2. Ethics and Copyright Issues CTMU 7560 Digital Media Production for Music Education Kimberly C. Walls 1.29.2001

3. Ethics and Copyright Issues What’s copyrighted? What if I give credit? What about Fair Use? What about entertainment? What about the Web? What about different media? Printed music?

4. What’s Copyrighted? Assume that everything is copyrighted! Obtain permission before use. Keep records of permission and sources.

5. What if I give credit? You’ve avoided plagiarism…but not prosecution!

6. What about Fair Use? Fair Use has 4 components: –Nonprofit educational uses –Nature of the copyrighted work –Amount or substantiality of the portion used –Effect on potential market or value

7. What about entertainment? If it’s on your computer for your use only, you are probably OK Personal use…one copy only…..but don’t copy rental videotapes

8. What about the Web? As soon as you put it on the Web, it is published! Don’t put anybody’s stuff on the Web without their permission. Clearly state which materials are copyrighted. Post a statement about permissions. Post guidelines for use of the Web pages.

9. What about different media? Text Images Video Representations of music Web pages

10. Text If it is published in any media it is copyrighted. Words are copyrighted, ideas are not. State ideas in your own words if possible. Cite the sources of ideas as well as quotations. Don’t use personal communications or student work without written permission from the author and legal guardian.

11. Images The law is clear that an image is copyrighted upon its creation. Using any portion of an image or an edited image without permission is a violation. Some museums and performing groups prohibit photography…get permission. Get written permission before using a photograph of a person.

12. Video If your video/film is based on a book, etc., permission from the copyright holder If any portion of a music composition is used, need synchronization license. If a recording is used, need master use license Need Work for Hire agreements for writers, composers, actors, etc. Props, photos, etc., are covered too.

13. Representations of music Lyrics Melodies, compositions, and arrangements Recordings MIDI files Music notation Web casting May make one copy for “aural exercises or examinations”

14. Web pages If it’s on the Web, it is copyrighted Can’t show to large groups except for Fair Use May link Avoid framing other’s work

15. Multimedia Projects Anything you don’t create yourself is copyrighted Need student and parent permission to share their ORIGINAL work You may use copyrighted material for only two years in a project Student may keep their projects indefinitely Quantity limits

16. Quantity limits per term 10% or 3 minutes of video 10% or 1000 words text, only 3 poems by an author, 5 poems from an anthology 10% or 30 sec. of music or music video No more than 5 graphics from an artist and 10% or 15 of a collection 10% or 2500 cells of data set

17. Copying printed music and Fair Use Emergency due to slow delivery 10% of work for non-performance, one copy per student, not a movement May edit if character remains May not substitute for purchasing a collection

18. Copying printed music No-Nos May not reproduce consumables May not copy for performance May not copy with intention to not purchase May not copy without including the copyright notice

19. Student Recordings One recording for evaluation or rehearsal kept by teacher

20. Song Copyrights Check to see if a song is in public- domain before distributing copies of it or its lyrics!

21. Requesting Permission The simplest way to request permission is to use e-mail. Make sure you keep a copy of the message and the reply. Contact the publisher first, who may also put you in contact with the composer.

22. Religious Services Fair Use does not apply to religious services Even more complications when service is broadcasted

23. There is more! Check links for guides.