Vikki KnightIntro to Music TechnologyProfessor Josh Frans21 February 2016

Copyright Monster Summary

The Copyright Monster and Music Educators: We CAN All Co-Exist is an article written by Ted Piechocinski that discusses the prevalence of music educators that break the copyright laws, sometimes without even being aware of it. It delves into the details of the copyright laws, along with how music educators often break the copyright laws (sometimes without awareness) and their justifications for doing so.

Dr. Piechocinksi states that there are the most important component of the US Copyright Act in regards to music is that those who create musical compositions are instantly granted protection for that work. This includes the power to copy, reproduce, or arrange this work. This is an exclusive right given only to the composer.

Most educators argue this with the “fair use” provision, which is one of the most misused and misunderstood parts of the Copyright Act. The “fair use” provision serves as an exception to the exclusive rights of a composer. However, this provision is often exploited. The fair use provision allows for things that better society as a whole to be used without explicit permission of the composer. This, however, is only in classroom analytical setting. While teaching and “educational purposes” are covered by the fair art provision, there is an abuse of this provision amongst the music educator community.

Fair use for “educational purposes” does not give a music educator permission to simply copy and use copyrighted materials. This includes (but is not limited to) sheet music, CD’s, or videos of performances. These things are allowed to be used for analytical, research, and theory purposes only. It never applies to performance or performance based rehearsals. It is also a gross abuse of this provision to copy a file or piece of music simply to avoid buying another copy; for instance, copying a school performance to give to another teacher to show in her classroom is illegal, even though this is being done for “educational purposes”. Simply put, copying music for the purposes of avoiding buying another copy is illegal.

Permissions is also another abused part of the Copyright Act. A composer has the authority to say when and by what manner their music can be copied or derived. This includes different arrangements. Thusly, a music educator could not simply arrange a copy of a song to get around the copyright laws about not copying or reproducing copyrighted music without the permission of the composer. At the same time, once music is purchased (legally) you normally will not have to worry about performance rights. The exception to this rule is staging musicals, in which you need to contact MTI (Music Theatre International). Purchasing a copy of music does not give you permission to purchase the parts. This is explained by good music will be used often and thus the pieces will naturally wear with age. By copying parts, you prevent this from happening and thus prevent the need to copy new copies in the future.

When it comes to arrangements, there is a line between what music educators are and are not allowed to do. Parts can be simplified or reassigned to different instruments without disregarding this law. However, moving an indoor piece to an outdoor piece would often require significant reworking and arranging. This is not acceptable.

When it comes to the selling or making of CD’s, you need to obtain a separate license called a Mechanical License. This gives you the authorization to record and duplicate performances onto discs. The good news is once a song has been recorded, there is a “compulsory license” that will refuse you from being denied for a mechanical license. However, the process still needs to be fulfilled.

I understand the importance of copyright laws, and I appreciate all they do to protect music composers. I see both sides of things, however. I understand why a small town teacher

would not have the money to be able to hand out original copies of music to all his sixth grade band students. I am on the fence when it comes to this issue.