ARIEL FL INNITEC 7445

DR . MOORE

Sound Recording Copyright Guidelines

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Available for published and unpublished works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: 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

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.

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: 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

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

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

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-states-copyright-law-a-guide-for-music-educators/united-states-copyright-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 SoundRecordings. 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