Klarinet Archive - Posting 000232.txt from 1998/04

From: Mark Charette <charette@-----.com>
Subj: Re: Copyright Infringement "Rules"
Date: Mon, 6 Apr 1998 22:59:45 -0400

I AM THE PUFFER GOOSE HAHAHAHA wrote:
>
> I believed and was taught in classes from copyright professionals that
> if the copy is used for educational reasons than the copyright does
> not apply.

You may have misinterpreted their statements.

The specific section for educational use, as described from
the Music Publisher's Association, http://www.mpa.org/cguide.html
(please note that this is _their_ interpretation of Section 107,
Fair Use, and the MPA does have a vested interest in the
copyright laws, both US and International). The page (not
reproduced in its entirety here - there are sections on recordings,
arrangements, etc. contained in the whole):
-----------------------------------------------------------
1. To reproduce.
Limitations upon the exclusive right to reproduce a
copyrighted work are dealt with in Sections 107 (Fair Use)
and 108 (Library Copying). These sections, as they appear
in the law, are reproduced in their entirety in Appendix A.

For such purposes as "criticism, comment, news reporting,
teaching, scholarship, or research" the Fair Use provision
establishes four factors for determining whether uses for
these purposes may be judged "fair," and therefore not an
infringement of the owner's rights. These factors are:

1.Purpose and character of the use--(commercial or
educational?)
2.Nature of the work--(epic poem, song, limerick,
novel, opera?)
3.Amount and substantiality of the portion used--(how
much is being copied?)
4.Effect on the potential market for or value of the
work--(Is the value of the work usurped by the
unauthorized use?)

The Committee Report of the 90th Congress in 1967
contained discussion of these four factors. In 1975, it was
recognized that further clarification was needed and two sets
of guidelines were drawn at the request of the House
Copyright Subcommittee. One, on Music Materials, was
developed by the organizations which sponsor this booklet
and the other on Books and Periodicals by representatives
of author, book publisher and educator organizations. Both
sets of Guidelines appear as Appendix B and Appendix C of
this document.

On the basis of these elaborations of the intent of the law
itself, it appears that, without having secured permission,
music educators will be able to:

Make a copy of a lost part in an emergency, if it is
replaced with a purchased part in due course (See
Appendix B, Section A, #1).
Make one copy per student of up to 10% of a musical
work for class study as long as that 10% does not
constitute a performable unit (See Appendix B,
Section A, #2 and Appendix C, Definitions, Brevity,
Part iv).
Make a single recording of a student performance for
study and for the archives (See Appendix B, Section
A, #4).
Make a single recording of aural exercises or tests
using copyrighted material (See Appendix B, Section
A, #5).
Preserve or replace library copies when not available
for purchase (See Appendix A, 108, #2).
Make one copy of a short verbal or a graphic work for
teacher's use (See Appendix C, A-C).

The following are expressly prohibited:

Copying to avoid purchase.
Copying music for any kind of performance (note
emergency exception above).
Copying without included copyright notice.
Copying to create anthologies or complitations.
Reproducing materials designed to be consumable
such as workbooks, standardized tests, and answer
sheets.
Charging students beyond the actual cost involved in
making copies as permitted above.

--
Mark Charette, Webmaster - http://www.sneezy.org/clarinet
Business: charette@-----.org
-------------------------------------------------------------
"There is only physics involved in playing a clarinet poorly.
There is no physics involved in playing a clarinet well.
That is performed by magic." - Fizzisist, on the Clarinet BB

   
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