How Can I Legally Use Copyrighted Music in the Classroom?

You can play music in a classroom for education, but not as a reward.

In some instances, a musical composition or recording is in the public domain due to copyright expiration. Some composers, such as J.S. Bach, created their masterpieces prior to the advent of copyrights. In either instance, it may be used freely. However, this is rarely the case, and you must tread into the murky waters of fair use. A House of Representatives's report declared the problem is unsolvable. "The endless variety of situations and combinations of circumstances... precludes the formulation of exact rules in the statute." This vagueness has led to many lawsuits. There are some commonly accepted guidelines for teachers.

Instructions

1. Purchase legal copies of all sheet music, cassettes, albums (LPs, vinyl), compact discs (CDs), videos, DVDs, VHS and so forth. It is prohibited to purchase illegally made copies from the Internet, street vendors or students. Pirated copies are a violation of federal and international laws. Keep one copy in each classroom.

2. Check your school, college or university policy regarding the use of copyrighted materials in the classroom. If you have any questions, consult with the facility's legal counsel. If you have any lingering doubts, obtain permission to use the material.

3. Perform or play a copyrighted song or video during music-related classes. The Performance and Display, Section 110, of the Copyright includes an exemption related to teaching activities. You can play any length or percentage as long as it is for educational purposes instead of reward.

4. Make a classroom presentation using slide show software, such as Powerpoint. Teachers can use music-related material to make presentations under Section 110.

5. Make up to one copy per student of up to 10 percent of a musical work, such as lyrics or sheet music, when using the work for non-performance education. You cannot copy the entire composition without permission from the owner(s) of the copyright. The copyright must be present on each page.

6. Edit a copyright work for educational purposes only. You may alter it by rearranging it or simplifying it. The law prohibits you from altering the composition's character, changing or adding lyrics, or other significant changes without advance permission from the publisher.

7. Create a new arrangement of a musical composition. As long as you intend to record and distribute your new version, you can obtain a compulsory license.

8. Record a student performance of copyrighted material for educational, evaluation or rehearsal purposes or as an aural exercise or test. Only one copy may be kept. For additional copies, you must obtain permission from the copyright holder prior to the performance.

9. Make one emergency copy for an imminent performance. This applies when your previously purchased copy is damaged or lost. You must purchase another copy as soon as possible.

10. Obtain permission from the copyright holder. Better safe than sorry. A judge can award up to $150,000 for each act of infringement. Send letters to the copyright holder and the publishing company to ask permission. Tell them exactly how you plan to use the material, the number of copies and the length of time you will use it.

References

• Google eBooks: The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More; Stephen Fishman (page 101)
• National Association for Music Education: Copyright Law: What Music Teachers Need to Know
• United States Copyright Office: Reproduction of Copyrighted Works by Educators and Librarians (Pages 5 for H.R. No. 94-1476, 7)
• Cornell University: Limitations on Exclusive Rights: Fair Use (17 USC 107)
• Cornell University: Exemption of Certain Performances and Displays (17 USC 110)
• Cornell University: Remedies for Infringement 17 USC 504(c)(2)

Resources

• University of North Carolina: When U.S. Works Pass into the Public Domain (Chart)
• Educational Cyber Playground: Copyright Laws Dos and Don'ts: What Is Legal in the School Classroom
• University of Maryland: Copyright & Fair Use in the Classroom, on the Internet, & the World Wide Web
• School Video News: Copyright Issues When Using Music in Videos
• Media Festival: Copyright and Fair Use Guidelines for Teachers
• The University of Texas System: The Conference on Fair Use (CONFU)