Music Copyright and Fair Use in Schools

iSafe

Mrs. Amy Nagle, School Library Media Specialist

June 14 and 15, 2011

8th grade Music Mod.

Music and CopyrightMusic and Copyright

What is copyright? What is copyright? Copyright is a form of protection grounded in the U.S.

Constitution and granted by law for original works of

authorship. (Copyright in General U.S. Copyright Office)

What is protected by copyright?What is protected by copyright?Copyright Law covers literary, dramatic, artistic, and

musical works. Copyright covers the rights of the creator.

Copyright protection begins the moment of creation.

Music and CopyrightMusic and Copyright

The U.S. Copyright office has a The U.S. Copyright office has a catalog catalog you can search you can search to determine who owns the copyright to songs. Many to determine who owns the copyright to songs. Many times an artist will sell their copyright to someone else.times an artist will sell their copyright to someone else.

Copyrights can be obtained for musical recordings and Copyrights can be obtained for musical recordings and musical performances and are different musical performances and are different copyrights.copyrights.

Music copyrights can be obtained for the composition Music copyrights can be obtained for the composition (song), performance, and recording. They can be filed (song), performance, and recording. They can be filed separately by different people or they can be filed as a separately by different people or they can be filed as a package.package.

Music: Public Domain vs. Music: Public Domain vs. Creative CommonsCreative Commons

Some musical recordings and performances Some musical recordings and performances become public domain, meaning you can use become public domain, meaning you can use them without permission. Often the copyright them without permission. Often the copyright has expired or the music was put directly into has expired or the music was put directly into public domain (aspiring artists).public domain (aspiring artists).

Creative Commons is a type of copyright that Creative Commons is a type of copyright that allows the creator to share their work. The allows the creator to share their work. The artist can decide how to share their work.artist can decide how to share their work.

Music and Creative Music and Creative CommonsCommons

With a Creative Commons license, the creator can With a Creative Commons license, the creator can decide what to share. For example, users could be decide what to share. For example, users could be allowed to listen to the whole performance for free, but allowed to listen to the whole performance for free, but could not download the song for free.could not download the song for free.

There are web sites that you can search for images, There are web sites that you can search for images, music, and video that have a Creative Commons music, and video that have a Creative Commons license. When searching for music or images online, license. When searching for music or images online, use Creative Commons in your search terms. use Creative Commons in your search terms. Google Advanced image search Google Advanced image search allows you to choose allows you to choose the license.the license.

Fair Use and MusicFair Use and Music Fair Use allows limited use of copyrighted material for

transformative and limited use to comment, criticize, and parody work. Weird Al Yankovic often asks permission, but does not need to based on Fair Use. (Fair Use Stanford.edu)

Fair Use cases look at four factors: 1. purpose and character of your use. 2. nature of copyrighted work (information or story) 3. the amount taken from the work (“heart” of the work?) 4. the effect of use on the market (copyright holder loses income)(Fair Use Stanford.edu)

Fair Use law is kept ambiguous to allow interpretation by the courts.

Fair Use and MusicFair Use and MusicEducational GuidelinesEducational Guidelines

up to 10%, but in no event more than 30 seconds of up to 10%, but in no event more than 30 seconds of the music and lyrics from an individual musical work. the music and lyrics from an individual musical work.

For example, if you wanted to use copyrighted music in For example, if you wanted to use copyrighted music in a project, you could only use 30 seconds of the work a project, you could only use 30 seconds of the work (loop music).(loop music).

Let’s take a look at a couple of Fair Use Music Court Let’s take a look at a couple of Fair Use Music Court Cases. You decide, fair use or not?Cases. You decide, fair use or not?

Fair Use or Not?Fair Use or Not?Violation of CopyrightViolation of Copyright

Campbell v. Acuff-Rose Music, IncCampbell v. Acuff-Rose Music, Inc

Roy Orbison’s Pretty Woman:Roy Orbison’s Pretty Woman:

http://youtu.be/KTCZSh4v2e4http://youtu.be/KTCZSh4v2e4

2Live Crew Pretty Woman 2Live Crew Pretty Woman http://youtu.be/JJjuxDa9sWMhttp://youtu.be/JJjuxDa9sWM

Bright Tunes Music Corp. v. Harrisongs Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F.Supp. 177 (1976)Music, Ltd., 420 F.Supp. 177 (1976)

Chiffons: He’s so Fine (1963)Chiffons: He’s so Fine (1963)

http://youtu.be/Jl3fvWnTt5Yhttp://youtu.be/Jl3fvWnTt5Y

George Harrison’s: My Sweet Lord (1970)George Harrison’s: My Sweet Lord (1970)

http://youtu.be/DNpP45MVi6Ehttp://youtu.be/DNpP45MVi6E

Fair Use or Not?Fair Use or Not?Violation of CopyrightViolation of Copyright

A NPMS student uses the Lady Gaga A NPMS student uses the Lady Gaga song, “Born This Way”, in its entirety for a song, “Born This Way”, in its entirety for a Power Point presentation for school. Did Power Point presentation for school. Did the student violate copyright? Why or the student violate copyright? Why or Why not.Why not.

Up to 10%, but not more than 30 Up to 10%, but not more than 30 seconds, of the music and lyrics from an seconds, of the music and lyrics from an individual musical work. individual musical work.

Fair Use and Education Fair Use and Education Violation of CopyrightViolation of Copyright