copyright questions

[urbanspice]

I'm kind of confused about copyright. As a teacher, I like to supplement my students or give them different kinds of music (or in some cases try to get them to stop using hand positions!), I don't see a real need for students to buy books especially if I'm only using one song out of it ( I like to pick and choose from various books.) Is it wrong to make copies for my students? Would it be considered educational use? I have quite a collection of books, but I don't like to loan my books to students. One, because who knows what they would do to them and two, because sometimes I need songs from the same book for several students. So I'm just curious, am violating in copyright laws? If I am, suggestions would be appreciated for how to make my library available to my students.

[squinchy]

My school music teacher gave this explanation/excuse for using copies:

If she bought originals for every single student, then the budget would already be depleted and we'd only play one piece a semester. Knowing that we lose/ruin our parts all the time, giving us originals is financial suicide. Since the copyright laws are designed so the composer/other artists have a way to earn money, she buys several sets of a song (this was a chorus teacher) and makes copies from those.

If you only copy one or two pieces from a book per year, then I don't really see the need to feel bad or do penace--it's like loaning the book except preserving your sanity (and collection.) However, if you frequently copy from certain books, it might be fairest to buy several copies of that book so the composer is being fairly supported.

[Copying any copyrighted music is violating the laws, but that facet of the law is hardly ever enforced (except at competitions or festivals that ban copies) because so many people violate it. It's terribly unfair to the composer, but music teachers aren't always loaded.]

[JPRitchie]

Hello urbanspice,
 
   Although not a lawyer, I have wondered about this question as well, both as a provider and a consumer of copyrighted works.

   First, as a consumer, there is a provision in U.S. Copyright law (Title 17, United States Code) for "fair use".  (I reside in the  U.S.) This term is described in Circular 92 of the U.S. Copyright Office as follows:

§ 107 · Limitations on exclusive rights: Fair useł8
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords or
by any other means specified by that section, for purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair use the factors
to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted
work.
§ 106a
Subject Matter and Scope of Copyright
Copyright Law of the United States 19
The fact that a work is unpublished shall not itself bar a finding of fair use if
such finding is made upon consideration of all the above factors.

There is a clear and limited exception created in the law for teaching and educational purposes. Some lawyers specialize in copyright law or, more commonly, patent law, or more generally still  intellectual property law. You can read the above to one of them (or see if they know it), and get an interpretation for your specific use. In simple situations, I've gotten free consults over the telephone.

   I also provide copyright material in the form of a CD package with audio, MIDI, and sheet music files. If a teacher were to provide a single copy per student of one of any of the many files (or printed copy of it) that's part of the package, that's certainly not an infringement. Indeed, it would be an introduction to a potential source for further study.

Regards,
Jim Ritchie

[quantum]

Another option is to invest in notation software and do the engraving yourself.  This is plausable if the composition you are copying is in public domain.  In essence you will just be creating your own edition of the work.  You would own the copyright to your own edition. 

[leahcim]

First, as a consumer, there is a provision in U.S. Copyright law (Title 17, United States Code) for "fair use".  (I reside in the  U.S.) This term is described in Circular 92 of the U.S. Copyright Office as follows:

I am not a lawyer, but generally speaking when I've seen discussions about extracts, it tends to be a few seconds of a recording, or a few quotations from a book / play rather than a complete CD track or book chapter.

So I'd say a complete piece from a book might be pushing the definition. Something like "measures 40-50" from a piece, as you often see in technique books, or magazine teaching articles is probably more like it.

[JPRitchie]

Hello leahcim,

     True, the law isn't precise about "fair use" - instead, it lays out criteria that would be considered in an infringement case. So, my suggestion, above, is to consult a lawyer for your specific situation. A lawyer might know for instance if an infringement suit was won or lost recently for copying, say, 100 pages or 1 measure of a source. Amazon.com now routinely puts about 30 sec. music clips as samples on their site.

     In the case of the CD package mentioned, I own the copyright for most of the images, files, and sound recordings in the package and have properly licensed the small amount of remaining material. So if you stay within the limits mentioned -  I don't have a problem with it. In fact, I put one of the sheet music files from the package on my website as a sample.

Regards,
Jim Ritchie

[alzado]

I'm not qualified to answer the deeper issues, but I do take issue with the man who recommended you consult a copyright attorney.

These attorneys are specialists, and you probably could not find one except in a large urban area.

Secondly, the gravity of this simple issue would not be sufficient to justify the trouble and considerable expense of consulting such an attorney.

Many websites are available out there to answer simple questions.  Try some FAQs.

[cora]

Essentially, I think you are breaking the copyright legislation. I used to photocopy a lot, but I found that it's much better to get the students to buy their music. Explain that they are starting a music library. Not every piece will be used now, but perhaps in the future. Music books look, feel, and smell nicer than photocopies in some crappy binder. I'm trying to teach them to enjoy all the aspects of being a musician. If a piece simply cannot be purchased, I'll photocopy it, or substitute one that can. If a parent complains(they never do), I'd say I sell you used books for $4.00 which offset the books that cost $30.00. I love my music collection and so should they.

All told, they don't buy more than two to four books a year (maximum).

[JPRitchie]

Hi alzado,

    Copyright or patent attorneys are specialists. If you read all the material you suggest - surf the web, read FAQ's, parts of Circular 92 etc.  - you will be much better prepared to talk with an attorney by knowing the meaning of "public domain", "fair use", "Title 17", why 1923 is an important year, etc. An attorney can tell you if a law has been tested in court, how cases were decided recently, whether there is new legislation, etc. This information might be critical, and reliable sources are not normally available elsewhere outside law libraries.  I've gotten free telephone consults in simple cases, and it's U.S. Federal law, so a U.S. telephone call may be all that's needed - the attorney doesn't necessarily have to be nearby. It can be a hit or miss proposition to find one that's available for a few minutes when you ring their telephone. If nothing else, they can verify that you are looking at applicable parts of the law. Finally, "fair use" isn't a precise standard. So, if you want to be certain - don't copy at all, as suggested above.
    Since teachers are frequently in contact with impressionable young people, it's important to avoid any implication of illegal behavior, however unintended or seemingly inconsequential. The whole area of copyrights has become quite important in music, particularly, because of the internet and other computer technologies. Anyone in this forum should have some concern about such matters, not only to ensure the supply of material, but also to ensure the possiblity of fair compensation for their own original works and that they aren't entrapped by someone else's recklessness.

Regards,
Jim Ritchie

[JPRitchie]

P.S. to above:

Some of the on-line sheet music sources now provide downloads of single works. I got Mozart's "Rondo Alla Turca" for about $2.
jpr

[nilsjohan]

Some of the on-line sheet music sources now provide downloads of single works. I got Mozart's "Rondo Alla Turca" for about $2.

Well, on this very site we provide downloads of the "Rondo Alla Turca" plus 964 of the most common piano pieces for exactly $3 in total! 

 

[Kassaa]

I've had lessons on music school, and now I've lessons at the conservatory, and copying is more a rule than an exception. On the conservatory it's a bit less because we have a sheet/cd library which is free, everyone is copies sheet music. I wouldn't worry about it, and who will arrest you for copying?

Edit- this is wikid- No. 500!

[sonatainfsharp]

Stick to the 10% rule (copying up to 10% of an entire book) and don't let students perform with photocopies and you will have nothing to worry about.

[JPRitchie]

The law only specifies conditions in the absence of an agreement.  If someone were to ask me about my material, I'd give the 1 piece answer, above. There's additional material on the internet but, 21 pieces on the CD, 1/21 = ca. 5%.
-Jim

[mrdaveux]

Now I don't really get all that.

As part of the Local and National Music Teachers Association, I have to follow a code of ethics which specifies, among others, not to allow students to play from photocopied pieces.

However, if you just go to sheetmusicarchive.net, you find most of what you need for free, copyrighted by the web site, for you personal use (commercial distribution is prohibited). So if a student dowloads a piece for free, I believe it's legal in that case (even though a downloaded and printed piece looks like a photocopy), so where is the problem ?

[JPRitchie]

IANAL, but I don't see a legal problem with what you've said. In fact, there's free sheet music available through this forum. Problems can come up in proving the facts; but in U.S. law you don't have to prove innocence.  Or with other sources/uses of photocopied and downloaded material. For example, downloading free mp3 files of performances of copyrighted compositions if the copyright holder isn't legally compensated for it.

Another thing to consider is whether the score is authentic. In several cases, I've found free sources haven't responded to questions about the authenticity of their scores. So, you don't know if you're looking at Liszt's Hungarian Rhapsody #2 or a possibly greatly simplified (or worse) version of it. That's significant if you want to know how Liszt wrote it.

Regards,
-Jim

[JPRitchie]

More discussion of the quality of scores starts here: https://www.pianostreet.com/smf/index.php/topic,10807.0.html

jpr