MUSIC

The provisions of copyright law that distinguish between fair use and infringement are applicable to music in audiovisual, digital and textual  formats.

Copying printed music within the academic environment carries with it certain restrictions and requirements.  Basically, there are few occasions when photocopying printed music is permissible.  Your are strongly advised to consult the Copyright Resource Center of the Music Publisher's Association before you photocopy any type of musical publication, even for class or ensemble use.

The creation and transmission of digital audio files of copyrighted works is permissible when:

• Made from a legally obtained copy (preferably owned by the Library or College); and
• The use is clearly for educational purposes; and
• It is made available to the enrolled students of a specific course:
  • In a face-to face presentation:
    •  by an instructor, student or guest lecturer; and
    •  in the classroom or other College space used for instruction; or
• It is made available online via a system that limits access to the enrolled students of a specific course and prohibits copying or distribution for non-educational purposes. 

The Music Library Association (MLA) offers useful guidelines and links to other resources pertaining to copyright and the use of digital audio files.

Always include appropriate attribution and copyright notice when using copyrighted works. 

NOTE:  Copyrighted material, in whole or in part, may not be retained without permission in the Library Reserve Collection or remain accessible online over consecutive semesters for the same course.

NOTE: If the quantity of content to be copied exceeds recommended amounts, or if use of content may otherwise be out of compliance with fair use exemptions, permission of the copyright holder is required and may incur a fee Copying without permission of the copyright holder is an infringement if:

• Copying with intent to create, replace or substitute for anthologies, compilations or collective works.
• Copying for the purpose of substituting for the purchase of works in original formats.

NOTE: It is illegal to download or upload copies of digital audio files via peer-to-peer (P2P) networks.  In general, it requires the permission of the copyright holder to reproduce, adapt, or distribute any commercial sound recording.   

NOTE: Public performances of sound recordings generally require permission of the copyright holder in the form of Public Performance Rights (PPR) and may incur a fee.

For information about what material is protected by copyright and "fair use" provisions of copyright law, please refer to the Selected Tools listing.  For additional assistance, please contact John Lamborn.