copyright law and music what you can and cannot do

Copyright law and MusicCopyright law and MusicWhat you can and cannot do.

When is music When is music copyrighted?copyrighted?The minute the music is

complete and recorded it is considered copyrighted.

You no longer have to mail a version to yourself or officially file it at a copyright office.

When can you use copyrighted When can you use copyrighted music?music?You may use copyrighted music if

you have received permission from the record company or artist.

You may use copyrighted music if it is considered fair use.

What is considered Fair What is considered Fair UseUseFair use is when you may use a

copyrighted material for educational purposes, to comment or criticize, or to parody.

There are four factors for fair use.

The Four Factors of Fair The Four Factors of Fair UseUseThe purpose and character of the

use.The nature of the copyrighted

work.The amount or substantiality of

the portion taken.The effect of the use upon the

potential market.

The Four Factors of Fair The Four Factors of Fair UseUseThe factors are somewhat vague.If questioned make sure your

position is solid.To be considered fair use you

must meet the majority of the factors.

Scenario 1Scenario 1Your students are working on

projects about U.S. Presidents.You decide to play for them the

song “James K. Polk” by They Might be Giants.

Scenario 1 AnswerScenario 1 AnswerYou may use this song because it

correlates to the curriculum that you are teaching and it is played for the students.

The song must have been legally obtained by you.

You may not use a song that you illegally downloaded.

Scenario 2Scenario 2Your co-teacher is the basketball

coach at your school.They have asked you to bring a

CD of warm-up music for the team to come out to.

Scenario 2 AnswerScenario 2 AnswerYou may not play this CD as fair

use.The music will be heard by a

broader audience outside the classroom. To be considered fair use it must be mainly heard by students.

To play this music you would need to acquire permission.

Scenario 3Scenario 3Your students are doing a

PowerPoint presentation on the later half of the 20th Century.

Your students want to use Billy Joel’s “We Didn’t Start the Fire” to run the entire length of the presentation.

Scenario 3 AnswerScenario 3 AnswerStudent’s may not use the entire

song.Students may only use 30

seconds of the song.