Copyright Law and Music Technology Fair Use Fair

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Copyright Law and Music Technology

Copyright Law and Music Technology

Fair Use § Fair Use Video on You. Tube

Fair Use § Fair Use Video on You. Tube

Fair Use – the law states… § The Purpose and Character of the Use

Fair Use – the law states… § The Purpose and Character of the Use § The Nature of the Copyrighted Work § The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole § The Effect of the Use on the Potential Market for, or Value of, the Copyrighted Work § (the “Good Faith” factor) § Transformativeness

Fair Use § Emergency Copying § Replacement must be ordered § Academic Use (not

Fair Use § Emergency Copying § Replacement must be ordered § Academic Use (not performance) § May not exceed 10% § Not a performable unit

Fair Use - Prohibited § § § Copying to avoid purchase Copying for a

Fair Use - Prohibited § § § Copying to avoid purchase Copying for a performance* Copying to create anthologies Reproducing consumables (wkbk) Charging students beyond cost

Notation Software § Print warm-ups, scales, etc. § Not copied from published material §

Notation Software § Print warm-ups, scales, etc. § Not copied from published material § Prep exercises for a piece § Isolated rhythms, melodic fragments § Edit or simplify parts for your ensemble § Must not change the nature of the work

Arrangements § Making arrangements is the exclusive right of the copyright owner § You

Arrangements § Making arrangements is the exclusive right of the copyright owner § You must obtain permission § Editing and simplification is allowable as mentioned in Fair Use

Scanning Software § To edit or simplify is allowed § To arrange is prohibited

Scanning Software § To edit or simplify is allowed § To arrange is prohibited § To avoid purchase is prohibited

Sequencing and MIDI § The copyright owner has the sole right to create derivative

Sequencing and MIDI § The copyright owner has the sole right to create derivative works § If no MIDI file is available, you must obtain permission from copyright owner

Accompaniment Software § Permission must be granted to create an arrangement for practice or

Accompaniment Software § Permission must be granted to create an arrangement for practice or performance § Chord changes are not copyrighted § Recording accompaniment for rehearsal may be Fair Use - unless a MIDI version is available

Audio Files § Sharing copyrighted files is illegal § Downloading purchased audio files is

Audio Files § Sharing copyrighted files is illegal § Downloading purchased audio files is fine

Recordings § Single recording for study and archiving § Multiple copies for students and/or

Recordings § Single recording for study and archiving § Multiple copies for students and/or community involve paying a royalty § A license can be easily obtained

Computer Software § Commercial, Shareware, Freeware § You obtain right to use, not duplicate

Computer Software § Commercial, Shareware, Freeware § You obtain right to use, not duplicate or distribute § Use on multiple computers requires a site license

Useful Resources § Teaching Music with Technology by Tom Rudolph § NAf. ME website

Useful Resources § Teaching Music with Technology by Tom Rudolph § NAf. ME website § nafme copyright center § The Teacher’s Guide to Music, Media, and Copyright Law by James Frankel