ERIC Number: ED380323
Record Type: RIE
Publication Date: 1994
Music Copyright Law in Education. Fastback 368.
Woody, Robert Henley, III; Woody, Robert Henley, II
This booklet focuses on how copyright law applies to music in education, but the information is not restricted to the music specialist. Instrumental and vocal music specialists must rely on copyrighted material. Without sheet music, an ensemble could not rehearse or perform. But classroom teachers also use music when they sing songs with or play recordings for students. In all likelihood, music used in the classroom will be copyrighted. Beyond avoiding the financial penalties that can be imposed by copyright litigation, the nature of education calls on all educators to promote positive values. In the event that a teacher openly violates copyright law by making unauthorized photocopies of sheet music, and the administration passively condones this action, the message to students is a lack of respect for the law by those who should be role models for legal and ethical behavior. Thus educators cannot sanction infringement of copyright. This booklet discusses the basic principles of copyright law, including jurisdiction, criteria for receiving copyright protection, derivative works, public domain and fair use, and penalties. Two sections of the Copyright Act provide limited exemptions for educators. The exemption for educational musical performances is described. Music copyright case law is briefly summarized. Guidelines to music copyright are: (1) permitted photocopying of music; (2) prohibited photocopying of music; (3) sound recordings; (4) musical performances; (5) arrangements of music; (6) audiovisual materials; and (7) computers in music. Thirteen questions and their answers are included as an aid to teachers. Instructions for obtaining permission to use copyrighted music and a 25-item list of resources conclude the booklet. (DK)
Descriptors: Copyrights, Elementary Secondary Education, Federal Legislation, Higher Education, Instructional Materials, Music, Music Education
Educational Foundation, Phi Delta Kappa, 408 N. Union, P.O. Box 789, Bloomington, IN 47402-0789.
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: Teachers; Policymakers; Administrators; Practitioners
Authoring Institution: Phi Delta Kappa Educational Foundation, Bloomington, IN.