An introduction to the issues of performing copyrighted music - how to find educational exemptions and ask for permission when necessary.

1. Public Performance of Music
& Copyright Compliance
Seth Allen
Online Instruction Librarian
King University

2. Fair Use Exemptions in Copyright
The US Copyright Code allows for educational exemptions to copyright
law that fall within the following four criteria:
• the purpose and character of your use
• the nature of the copyrighted work
• the amount and substantiality of the portion taken, and
• the effect of the use upon the potential market.
Source – Section 107 of Copyright Act:
http://www.copyright.gov/title17/92chap1.html#107

3. Copyright and Public Domain
• Musical Works published with a valid Copyright Notice of 1922 or
Earlier are in the public domain in the United States.
• ALL Sound Recordings are under copyright protection until 2067 in the
United States.
• Copyright protection outside the USA is determined by the laws of the
country where you wish to use a work. Copyright protection may be 50 to
70 years after the death of the last surviving author, 95 years from
publication date, or other copyright protection term.
• Public domain music: http://www.pdinfo.com/public-domain-music-
list.php
• All other works are under copyright and must be licensed for public
performance

4. Public Performance of Music
• Generally speaking, you need to pay for public performance rights to
play music in public, but there are a few ‘fair use’ exceptions for
educators where no license is needed:
• Free school concert or recital that is not taped
• Private lesson or classroom
• Music performed in a private residence for family and friends
• Parodies of original works
• Worship service
• Performance is a course assignment
• Fair use exemptions DO NOT cover many public events, such as:
• School sporting events which charge admission
• Broadcasts of band performances

5. What if I Want to Use an Entire Arrangement?
There is an exemption in copyright law (Sec. 110) for reproducing an entire
musical work:
(4) performance of a nondramatic literary or musical work otherwise than in
a transmission to the public, without any purpose of direct or indirect
commercial advantage and without payment of any fee or other
compensation for the performance to any of its performers, promoters, or
organizers, if—
(A) there is no direct or indirect admission charge; or
(B) the proceeds, after deducting the reasonable costs of producing the
performance, are used exclusively for educational, religious, or charitable
purposes and not for private financial gain,
Source - http://www.copyright.gov/title17/92chap1.html#110

6. Types of Arrangement
• There are three types of musical arrangements which are treated
differently under copyright law1:
• Purely adaptive – Work where the melody does not change,
but work is adapted for a new instrument (i.e. organ to piano),
covered by PROs
• Contributive – Significant change to the melody, addition of
lyrics, translation to foreign language, must contact the
copyright owner directly
Example: “Karma Police” by Radiohead (original), Easy Allstars
(contributive arrangement)
• Parody – Exempted by copyright law, can be performed
publicly without consent of copyright holder “Grammar
Police” – parody of “Karma Police”
1. Elton, S. (2011). Musical Arrangements and Copyright Law. Retrieved from
http://www.tmea.org/assets/pdf/southwestern_musician/musicalarrangementscopyrightlaw_jan2011.pdf

7. Purchasing Performance Rights
• There are 3 major performance right organizations (PROs) in
the U.S. for purchasing ‘performance rights’, as opposed to
mechanical or synchronization rights, which represent 97%
of all copyrighted music:
• ASCAP - http://www.ascap.com/
• BMI - http://repertoire.bmi.com/startpage.asp
• SESAC -
http://www.sesac.com/Licensing/obtainlicense.aspx

8. An artist’s perspective on PROs
https://www.youtube.com/watch?v=1-DD73UcqHk

9. Online Resources for Copyright Issues
• MTNA Copyright Guidelines for Music Teachers -
http://www.mtna.org/member-resources/copyright-
information/copyright-faqs/
• Copyright Monster -
http://www.musicforall.org/resources/copyright/the-copyright-
monster
• Musical Arrangements and Copyright Law -
http://www.tmea.org/assets/pdf/southwestern_musician/musicalarr
angementscopyrightlaw_jan2011.pdf
• US Copyright Code Regarding Public Performance (Section 110):
http://www.copyright.gov/title17/92chap1.html#110
• Music Library Association Copyright FAQ –
http://copyright.musiclibraryassoc.org/Resources/FAQ