music through peer-to-peer connections is generally illegal because it violates
the copyright of the artists and producers. In
the past few years the Recording Industry Association of America (RIAA) has
brought law suits against students who
have knowingly or unknowingly shared music from their personal computers over a
high speed network.
The University had subscribed to services that permit students to listen to music for free and to buy songs
to download to iPods or other devices. Currently, there are no immediate plans to contract with another service,
but others have cropped up on their own. Pandora at www.pandora.com is free and
lets users create custom channels for favorite artists or genres.
For Student Multimedia Projects
guidelines allow use of 10% (no more than 30 seconds) of music or lyrics,
if the project is created for a specific course and is shown in the course and/or
is incorporated in a portfolio for later personal uses (job interviews, graduate school applications)
For Faculty Multimedia Projects
Conservative, but not legally binding,
guidelines allow use of 10% (no more than 30 seconds) of music or
lyrics for up to two years before obtaining permission for teaching, if:
the project is a teaching tool for face-to-face, online classes and directed studies,
students are advised that they cannot copy presentations
online sessions are limited to students enrolled in sessions
online sessions use technology to prevent copying or in its absence faculty post projects for
15 days after their initial real-time or assigned use followed by access to a copy in the library or
similar location for on-site use only
Although the process of securing permissions
should begin immediately if the multimedia teaching tool will be used for
more than two years, other uses do not have the same prescribed time limits: use in
presentations at workshops and conferences and in personal portfolios (tenure reviews, job applications).
Other Instructional Uses *
Without securing permission, it is possible to make:
a copy to to replace a
purchased copy which for any reason is not available for an
imminent performance if a purchased replacement copy will be
substituted in due course.
a copy of an entire performable unit (section, movement, aria, etc.) that is
unavailable except in a larger work and solely for a teacher's research or preparation to teach a class.
a copy of an entire
performable unit (section, movement, aria, etc.) for
academic purposes other than performance if the copyright
owner confirms it is our of print.
multiple copies of excerpts
of works, provided that the excerpts do not comprise a part
of the whole that would constitute a performable unit such
as a section, movement, or aria, but in no case more than
10% of the whole work. The number of copies shall not exceed
one copy per pupil and the copies must be made for academic
purposes other than performance.
a single copy of recordings
of performance by students may be made for evaluation or
rehearsal purposes and may be retained by the educational
institution or individual teacher.
a single copy of a sound
recording (such as a tape, disc or cassette) of copyrighted
music from sound recordings owned by an educational
institution or an individual teacher for the purpose of
constructing aural exercises or examinations and may be
retained by the educational institution or individual
teacher. (This pertains only to the copyright of the music
itself and not to any copyright which may exist in the sound
a transformative copy of a
purchased print copy if the editing or simplifying does not
distort the fundamental character of the work, the lyrics
are altered or lyrics added if none exist.
Requirements for Permitted Copies Above
Copying to create or to
replace or substitute for anthologies, compilations or
Copying of or from works
intended to be "consumable" in the course of study or of
teaching such as workbooks, exercises, standardized tests
and answer sheets and like material.
Copying for the purpose of
performance, except as in 1 above.
Copying for the purpose of
substituting for the purchase of music, except as in 1 to 3
Copying without inclusion of
the copyright notice which appears on the printed copy.
*Based on the work of several groups in response to hearings on H.R. 2223 (June, 1975).
Media Services Policies regarding Music Downloads
Students should not use copyrighted materials for projects to be
aired on PAC 14 or any other broadcasting medium. If students
or faculty want to have music in their productions, they can
either use copyright free music or purchase it from Gene Michael
Production. Since Media Services is part of the Integrated
Media Center which collaborates with faculty from Music, Art,
and Communication Arts, original music and graphics may be
available for video productions.
Multiple Copying/Format Shifting
Music is at the center of the storm nowadays. In some ways, however, today's
issues are the same as when VCRs made it possible to copy
broadcasts and tape duplicators enabled copying of rented or purchased videos.
If it is okay to copy a broadcast for home use,
why is it not okay to copy a song from a purchased CD onto a PC or other playback device?
Technology may allow us to move in that direction, but for now format shifting,
such as creating an MP3 version of an audio CD, requires the permission of the copyright owner.
The Music Publishers' Association has a
copyright search information resources guide to help with permissions, as well as a listing of other
organizations (Music Links) through which permissions may be sought.
Performing legally obtained copies of sound recordings for instructional
purposes, without requesting permission, is fine provided that the performance is
- by instructors, guest lecturers, or students
- in connection with face-to-face or distance education instruction
- for an audience that is directly involved in the teaching activity
- delivered in a classroom or place devoted to instruction (library, workshop space, etc.)
The Teach Act, which updates earlier restrictions on performing works in other
than face-to-face classrooms, allows the performance or display of any work in an amount comparable to that displayed
in the course of a live classroom session (in some cases, entire recordings when essential to a course, e.g.,
The Operas of Puccini).
- Classical Music Library
- Classical Scores Library
- Classical Music Reference Library
- African American Music Reference
(note: all of these are from the same publisher and carry the same copyright statement.)
You may access and use this database in any way that is
consistent with U.S. Fair Use Provisions and international law,
and make limited numbers of hard or electronic copies for
research, education, or other non-commercial use only; for more
extended use, it is necessary to obtain prior consent in writing
from Alexander Street Press. Fully legal downloads of music
tracks are available for a small fee.
You may access and use these materials for personal purposes. You may
not modify, scan or copy or use any other method now known or to
be discovered in future to reproduce, republish, duplicate,
translate or distribute in any way any portion of the content or
use the materials for any other purpose, or publicly perform or
broadcast any of the musical excerpts or recordings included on
this Website without the prior written permission of Naxos
Digital Services Limited. You may not download the music and
recordings of this Service at any time. Any publication,
reproduction, public exhibition or further distribution of
Materials provided at this Website, whether in whole or in part,
is strictly and expressly prohibited.
To request permission, send an e-mail, including your name, username,
e-mail and postal address and a description of the purpose of
your intended use and the Materials you would like to use to
You may print any part of the material for personal purposes only,
provided you also retain any copyright notice originally
included with the material.
The Music Library Association provides
in-depth information on scenarios and
fair use, performance rights, as well as issues for composers and authors.
Public Domain Music
provides readily available music for downloading, copying and
National Association for Music Education guide for music educators provides complete
copyright information on performance and other issues directed to music educators.
Creative Commons lists host
sites to which licensed music can be posted and on which
it can be found.
comprehensive information about music copyright laws, educational efforts, resources for colleges,
copyright FAQ, and also includes a list of legal sites.