FEB
28

Music and Fair Use:  Honoring Copyright

By Lori Conary 

Lori Conary is the Submissions Editor for Pioneer Drama Service, Inc. 

Of course, we must all honor copyrights.  It is the law after all, but it goes much deeper than that.  As teachers and mentors, we need to teach and role model for our children the importance of respecting other people’s rights.  Unfortunately, even the theatre director with the best of intentions can inadvertently break copyright law.  This is especially easy to do when it comes to music.

Just because you bought the sheet music or recording of a song, that does not mean you have the right to perform it live.  Copyright law, at best, is like treading in murky water.  Without bogging you down with details, let’s just say it is always best to assume that any music created since 1922 is protected by copyright.

Once a copyright has expired, the work is considered to be in the public domain, which means you are free to use it.  Thus, if you are using classical music from the 17th, 18th or 19th centuries, you can be confident the music is in the public domain.  The challenge is that all sound recordings of the music are still subject to copyright law.  For instance, if you buy a CD of the New York Philharmonic playing Vivaldi’s Four Seasons, the music itself is in the public domain, but the orchestra’s recorded performance of it is copyrighted.  This means you should still acquire permission to play the CD at a public performance.  Simply stated, there are NO sound recordings in the public domain unless the recording is specifically labeled “royalty free,” like the Royalty Free Theme Music that Pioneer Drama offers.

Using only a portion of a copyrighted piece of music does not make it acceptable to use without permission.  According to the US Copyright Office, “There is no specific number of words, lines or notes that may safely be taken without permission.  Acknowledging the source of the copyrighted material does not substitute for obtaining permission.”

So, how do you go about determining if something is in the public domain or if you need to get permission before you can use it?  You do this by conducting a search on the US Copyright Office website, and selecting “Search Records.”  This will take you to a page where you can conduct a search to determine who, if anyone, is the “Copyright Claimant.”  This is the person or organization that you need to contact to secure rights and find out how much it will cost for the use of the material.  For example, when I was in high school, we wanted to use a musical number from a movie as a duet for graduation.  We sent a letter to the copyright claimant explaining the exact usage we were requesting.  This person returned our original letter with a handwritten “Permission Granted” and signature.  While in this instance permission was granted at no charge, that will not always be the case.

Conversely, if you have a talented student who is going to write original music for your production, encourage him or her to submit his or her sheet music for copyright.  This will take the lesson to another level, showing your students how the laws are written to protect and respect their creative work.

Below are some useful links to aid you on your search for public domain music or securing rights for protected music.

Below are some useful links to aid you on your search for public domain music or securing rights for protected music.

The US Copyright Office is not only a good online resource, but they are also very helpful on the phone (202-707-5959).

The National Association for Music Education is a good resource to start with for finding out about the application of copyright law and securing permission for education.

Public Domain Music contains a good list of that music that is currently in the public domain.

ASCAP (The American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.) and SESAC (Society of European Stage Authors and Composers) are the three major licensing organizations in the US.  These groups collect license fees and then distribute the fees as royalties to songwriters, composers & music publishers.

For additional information on copyright protection and securing rights, see:

• NMPA (National Music Publishers’ Association)
• The Copyright Society of the USA
• Music Publishers’ Association
• American Intellectual Property Law Association
• Bourne Music Co.
• Carlin America
• The EMI Group