Fair Use in Music

Patrick Fulton & Sara Nodine

Warren D. Allen Music Library

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

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!!

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?

Four Factors of Fair Use

Purpose and character of

the use

Nature of the copyrighted

work

Amount and substantiality

usedMarket effect

Fair Use Analysis

Purdue University, Copyright Basics (http://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html#analysis

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!

When is it okay to copy a musical score instead of

purchasing it?

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

Am I allowed to burn a library CD to my computer?

(What if it is no longer available for purchase?)

Can I perform from a library-owned musical

score?

Can I perform from a photocopy of a musical score that is not

available for purchase?

Can I use a library-owned recording in a public

presentation?

Can I show a library-owned video in or outside of class for

my students?

What happens in the event of a copyright violation?

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.

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!

Questions?

Licensed by: Creative CommonsAttribution-NonCommercial-ShareAlike 4.0 International

Created by:Patrick Fulton & Sara NodineWarren D. Allen Music Library