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Copyright
- 1. A R I E L F L I N N I T E C 7 4 4 5 D R . M O O R E Sound Recording Copyright Guidelines
- 2. Sound Recording Copyright: History Copyright Act of 1790 – first federal law for copyright in the United States Copyright Act of 1831 – first revision of US copyright law, first time musical works were included Copyright Act of 1909 – third revision of US copyright law, did not include sound recordings Copyright Act of 1976 – fourth revision of US copyright law, first time sound recordings were included Sonny Bono Copyright Term Extension Act of 1998 – extended copyright protection to the life of the author plus 70 years
- 3. Copyright: Definition Copyright is a series of laws provided by the United States to provide protection in the form of rights Designed to protect the authors of “original works of authorship” Protection Includes literary, dramatic, musical, artistic, and certain other intellectual works. Available for published and unpublished works
- 4. Copyright Privileges Copyright gives the owner the the exclusive right to: Reproduce the work Create derivatives of the work Distribute copies for profit Perform the work publicly Display the work publicly It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright Limitations on these rights: Fair Use Compulsory License
- 5. Fair Use “Fair Use” is a doctrine that states certain uses or purposes are “fair game” and not considered an infringement of copyright Four factors go into determining “fair use”: 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 upon the potential market for or value of the copyrighted work Not always clear or easily defined Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
- 6. Fair Use for Sound Recordings A maximum of 30 seconds per musical composition may be used Up to 10% of a copyrighted musical composition may be reproduced, performed, and displayed Single copy of performance by students for evaluation or educational purposes Single copy of sound recording of copyrighted music by teacher for aural exercises or assessments Obtain permission from copyright owner for uses beyond “fair use” Does not apply to music illegally transferred from peer to peer (file sharing sites) Does not apply to public domain
- 7. Fair Use for Music Educators School Concert Exemption: Ensembles, teachers, students Literary or musical work No money can exchange hands: admission, performers, organizers, etc. Other performance exemptions: Face-to-Face Exemption Distance Education Exemption Music for Worship Exemption Other special Fair Use policies for music educators: Reproducing Recording Preparing Derivative Works Distribution Display
- 8. Public Domain Public Domain (PD): The complete absence of a low that protects ownership of property You can arrange, reproduce, perform, record, publish, and sell commercially Royalty free Only considered PD if it there is proof of pubic domain from a legitimate source When is it public domain? When copyrights expire In the U.S., songs written before the Copyright Notice of 1922 Outside the U.S., determined by individual copyright laws of other countries No sound recordings currently exist in the public domain
- 9. Musical Work vs. Sound Recording Musical Work, Song, or Composition: Lyrics, melody, and musical arrangement of notes that define a song or musical composition Example: Sheet music Sound Recording: The process of fixing music or sound on a medium that can reproduce and play back the music upon demand Example: CD, MP3, WAV file Not limited to musical recordings Phonorecord: Physical object that embodies the sound recording Example: cassette tapes, CD’s, vinyl records, etc. Different copyright implications
- 10. Scenario One Ms. Roberts wants to create an original arrangement of “Mary Had a Little Lamb” for her Chorus to perform, record, and sell for profit. Does this fit within copyright law? Answer: Yes. Yes. “Mary Had a Little Lamb” is part of the public domain; it is therefore available for such reproduction and distribution.
- 11. Scenario Two Mr. Smith wants to sell a recording of the school’s recent second grade performance of Bugz!, written by John Jacobson and John Higgins, published by Hal Leonard Corporation. He does not have a license or expressed permission from the composer. Does this fit within copyright law? Answer: No. Mr. Smith does not own the copyright or for this musical, so he cannot gain a profit from its performance.
- 12. Scenario Three Mrs. Brown wants to make a sound recording of her 5th grade Chorus during rehearsal so that her students may listen to it and reflect on their performance. Does this fit within copyright law? Answer: Yes. This would be considered “fair use” of the sound recording and would not be a copyright infringement.
- 13. References Borden, Laurence A. (Sep. 25, 2005). Copying and Sharing Recorded Music: The Dos and Don’ts of Copyright Law. Stereophile.com. Retrieved October 13, 2013, from http://www.stereophile.com/reference/905copy/ Haven Sound, Inc. (2013). Copyright and Public Domain. Pdinfo.com. Retrieved October 8, 2013, fromhttp://www.pdinfo.com/Copyright -Law/Copyright-and-Public-Domain.php NAfME (2013). United States Copyright Law: A Guide for Music Educators (Part 1). NAfME.org. Retrieved October 13, 2013 from musiced.nafme.org/resources/copyright-center/united-states- copyright-law-a-guide-for-music-educators/united-states- copyright-law-a-guide-for-music-educators-part-1#intro
- 14. References U.S. Copyright Office. A Brief Introduction and History. Copyright.gov. Retrieved October 9, 2013, from http://www.copyright.gov/circs/circ1a.html U.S. Copyright Office (May 2012). Copyright Basics. Copyright.gov. Retrieved October 9, 2013, 2013 from http://www.copyright.gov/circs/circ01.pdf U.S. Copyright Office (Aug. 2012). Copyright Registration for Sound Recordings. Copyright.gov. Retrieved October 9, 2013, from http://www.copyright.gov/circs/circ56.pdf U.S. Copyright Office (Jun 2012). Fair Use. Copyright.gov. Retrieved October 6, 2013, from http://www.copyright.gov/fls/fl102.html Xavier University Library. Fair Use Guidelines for Print and Recorded Music. Xavier.edu/library. Retrieved October 6, 2013, from http://www.xavier.edu/library/help/fair_use_music.pdf
Editor's Notes
- Copyright Act of 1870 – Second revision of US copyright law, no change for musical works or other music-related materials Sound recordings were not included in the Copyright Act of 1909 because it was still such a new technology at the time Before the Copyright Act of 1976, there was an act that extended limited copyright protection to sound recordings published on or after that date The Copyright Act of 1976 saw the inclusion of a new category, “Sound Recordings”. This category now includes (and provides federal copyright protection for) sound recordings such as CD’s, WAV files, records, and other musical recordings made after February 15, 1972. There have since been several other addendums to US copyright law regarding music and sound recordings The Sonny Bono Copyright Term Extension Act – copyright protection extended copyright to the life of the author plus 70 years. This law extended copyright protection by 20 years, from 50 to 70 years.
- According to the U.S. government definition (2012), “Copyright in a sound recording protects the particular series of sounds that are “fixed” or embodied in a recording against unauthorized reproduction and revision, unauthorized distribution of phonorecords containing those sounds, and certain unauthorized performances by means of a digital audio transmission.” The author or copyright owner may wish to place a copyright notice on any unpublished copies or phonorecords that leave his or her control. Example: Unpublished work © 2011 Jane Doe
- Copyrights give the owner the authority to distribute copies for profit: “to the public by sale or other transfer of ownership, or by rental, lease or lending” (US Copyright Office, 2012). The above privileges are based upon the medium being copyrighted. For example, copyright owners may perform the work publicly The above privileges are stated as of the Copyright Act of 1972. Sections 107 through 122 of the 1976 Copyright Act establish limitations on these rights. Fair Use doctrine will be discussed in the next slide, “Compulsory License”: certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions
- The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Example of fair use: it would be difficult for a scholar to comment on a book if she were unable to quote a relevant passage. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; The less proportion of a whole work you use, the more likely it will be considered “fair use” Federal court is the ultimate judge of “fair use” or not
- Up to 10% of a copyrighted sound recording may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or students. A single copy of recordings of performances by students may be made for evaluation, student portfolio, or rehearsal purposes and may be retained by the educational institution, individual teacher, or student. A single copy of a sound recording (such as a CD or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. Any illegally obtained copyrighted music (downloaded from peer to peer networks, file sharing sites) may not be used for in class instruction, multimedia presentations or projects.
- Although performance is one of the copyright owner’s exclusive rights, the special needs of music educators, and others, are recognized in the fair-use limitations on these. The relevant portions of the law are reproduced in Appendix A, and music educators should take special notice of the very limited nature of these exemptions. School concert exemption: nobody can gain any direct or indirect commercial advantage; no fee or compensation can be paid to the performers, promoters or organizers; and no admission charge can be levied. Complete information concerning licensing of public performances of copyrighted non-dramatic musical works may be obtained from ASCAP, BMI and SESAC; together, these three organizations work for composers and publishers to handle the performance licenses for the vast majority of musical works.
- While many “musical works” may be considered part of the public domain, there is no sound recording that exists within the public domain. For example, “A-Tisket, A-Tasket” is considered a “musical work,” and exists in the public domain, but Ella Fitzgerald’s recording of the song is considered a “sound recording” and has copyright protections.
- For example, the musical score (printed music) of Beethoven’s Symphony Number 5 is considered a “musical work,” but the Munich Philharmonic recording of Beethoven 5 is considered a “sound recording” Sound recordings may include recordings of music, drama, or lectures.
- Animation 1: answer Animation 2: explanation
- Animation 1: answer Animation 2: explanation
- Animation 1: answer Animation 2: explanation