0.4 Music and copyright  (Page 3/6)

A: Displaying a film with the music from the CD playing constitutes making and distributing a copy. It is acceptable to make a copy for private needs, such as keeping a backup copy, or copying a song from a CD into your MP3 player, but copying and re-using the music in such a way is copyright infringement. (Boyles, Aoki, and Jenkins 2006)

Q: OK, I’ll use classical music then. I KNOW Beethoven died before 1923!

A: While you are correct about Beethoven’s age, you should also know that copyright for sound recordings sits with the recording, not the date the music was composed. Any recent classical recording is most likely to be under copyright, and the owners of the recording will expect a permission fee for its use.

Q: Finally, what if I’m making the film for a class? I’ve heard that everything’s OK if it’s done for a class.

A: Not everything is OK when done for a class, but many things are. In a non-profit accredited educational setting, you may create a film using images or clips of film from other artists, and you may use any music you like for the background. The creation you make is only “safe” within the educational setting. You should not use it for your portfolio or to show to a gathering of friends.

• III. How does copyright law affect sheet music?

Q: If I buy the sheet music for a song, I can only play it at home, right? It says “for home use only.”

A: You may play the song at home, or at a friend’s house, or at your music teacher’s studio. You may also play it in an educational recital. None of these settings constitutes a “public performance”. In addition, if you go to college and your dorm has a piano in the lobby, you may play it there. Although technically a public area, you are not a professional musician, and are not likely to attract a significant crowd. (Washburn University Copyright Committee 2008)

Q: My sister and I both enjoy playing the piano, and have been sharing our sheet music to popular songs since we were in middle school. Now we’re in different colleges, hundreds of miles apart. Whenever one of us buys a song in sheet music, we automatically copy and send it to the other. Is this wrong?

A: Yes, you are making a copy, which is one of the rights of the copyright owner. The four factors of Fair Use, and other limitations on the copyright owner, do not offer an exception for your situation. It is frustrating, since as siblings at home you once shared everything, but you’re separate adults now. Each of you should buy your own copy.

Q: I’m a vocal performance major and have been looking for sheet music for a song that is out of print. How should I go about getting the music legally?

A: First, check the large online sheet-music sellers such as Sheet Music Online or Musicnotes.com. If they do not have the song you need, and your library also does not, and you need it for your research as a student, then you could request it through Interlibrary Loan at your library.

Sheet Music Online (External Link)

Musicnotes.com (External Link)

(Several more online stores sell sheet music. Explore with your favorite search engine).