Ethics and Copyright Issues

CTMU 7560

Digital Media Production for

Music Education

Kimberly C. Walls

1.29.2001

Ethics and Copyright Issues

• What’s copyrighted?

• What if I give credit?

• What about Fair Use?

• What about entertainment?

• What about the Web?

• What about different media?

• Printed music?

What’s Copyrighted?

• Assume that everything is copyrighted!

• Obtain permission before use.

• Keep records of permission and sources.

What if I give credit?

• You’ve avoided plagiarism…but not prosecution!

What about Fair Use?

• Fair Use has 4 components:– Nonprofit educational uses– Nature of the copyrighted work– Amount or substantiality of the portion

used– Effect on potential market or value

What about entertainment?

• If it’s on your computer for your use only, you are probably OK

• Personal use…one copy only…

• ..but don’t copy rental videotapes

What about the Web?

• As soon as you put it on the Web, it is published!

• Don’t put anybody’s stuff on the Web without their permission.

• Clearly state which materials are copyrighted.• Post a statement about permissions.• Post guidelines for use of the Web pages.

What about different media?

• Text

• Images

• Video

• Representations of music

• Web pages

Text

• If it is published in any media it is copyrighted.• Words are copyrighted, ideas are not.• State ideas in your own words if possible.• Cite the sources of ideas as well as quotations.• Don’t use personal communications or student

work without written permission from the author and legal guardian.

Images

• The law is clear that an image is copyrighted upon its creation.

• Using any portion of an image or an edited image without permission is a violation.

• Some museums and performing groups prohibit photography…get permission.

• Get written permission before using a photograph of a person.

Video

• If your video/film is based on a book, etc., permission from the copyright holder

• If any portion of a music composition is used, need synchronization license.

• If a recording is used, need master use license

• Need Work for Hire agreements for writers, composers, actors, etc.

• Props, photos, etc., are covered too.

Representations of music

• Lyrics• Melodies,

compositions, and arrangements

• Recordings• MIDI files• Music notation• Web casting

• May make one copy for “aural exercises or examinations”

Web pages

• If it’s on the Web, it is copyrighted

• Can’t show to large groups except for Fair Use

• May link

• Avoid framing other’s work

Multimedia Projects

• Anything you don’t create yourself is copyrighted

• Need student and parent permission to share their ORIGINAL work

• You may use copyrighted material for only two years in a project

• Student may keep their projects indefinitely

• Quantity limits

Quantity limits per term

• 10% or 3 minutes of video• 10% or 1000 words text, only 3 poems by

an author, 5 poems from an anthology• 10% or 30 sec. of music or music video• No more than 5 graphics from an artist

and 10% or 15 of a collection• 10% or 2500 cells of data set

Copying printed music and Fair Use

• Emergency due to slow delivery

• 10% of work for non-performance, one copy per student, not a movement

• May edit if character remains

• May not substitute for purchasing a collection

Copying printed music No-Nos

• May not reproduce consumables

• May not copy for performance

• May not copy with intention to not purchase

• May not copy without including the copyright notice

Student Recordings

• One recording for evaluation or rehearsal kept by teacher

Song Copyrights

• Check to see if a song is in public-domain before distributing copies of it or its lyrics!

Requesting Permission

• The simplest way to request permission is to use e-mail.

• Make sure you keep a copy of the message and the reply.

• Contact the publisher first, who may also put you in contact with the composer.

Religious Services

• Fair Use does not apply to religious services

• Even more complications when service is broadcasted

• There is more!

• Check links for guides.