Transcript Copyright.gov - fultonmusicedtech

Sound Recording
Copyright Guidelines
ARIEL FLINN
ITEC 7445
DR. MOORE
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
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 Available for published and unpublished works
Copyright Privileges
 Copyright gives the owner the the exclusive right to:
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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:
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Fair Use
Compulsory License
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”:
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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.
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
Fair Use for Music Educators
 School Concert Exemption:
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Ensembles, teachers, students
Literary or musical work
No money can exchange hands: admission, performers, organizers, etc.
 Other performance exemptions:
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Face-to-Face Exemption
Distance Education Exemption
Music for Worship Exemption
 Other special Fair Use policies for music educators:
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Reproducing
Recording
Preparing Derivative Works
Distribution
Display
Public Domain
 Public Domain (PD):
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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?
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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
Musical Work vs. Sound Recording
 Musical Work, Song, or Composition:
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Lyrics, melody, and musical arrangement of notes that define a song or musical
composition
Example: Sheet music
 Sound Recording:
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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:
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Physical object that embodies the sound recording
Example: cassette tapes, CD’s, vinyl records, etc.
 Different copyright implications
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.
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.
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.
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-statescopyright-law-a-guide-for-music-educators/united-statescopyright-law-a-guide-for-music-educators-part-1#intro
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