Copyright Law for Music

Ken Schlager recently wrote an outstanding article for Teaching Music in which he really lays out what we really need to know about getting permission to use music with our students. He says that there are "six different types of copyright uses in the classroom: reproducing, recording, preparing derivative works (such as a new arrangement), distribution, performance, and display (Schlager, 2008).

As far as recording goes, teachers can make a single copy of a student performance for educational purposes. If more than one copy is desired, then a license from the Harry Fox Agency (www.harryfox.com) is required as described in my last post.

If you would like to perform a copyrighted song, then you would need to obtain a license from ASCAP (www.ascap.com), BMI (www.bmi.com), or SESAC (www.sesac.com) depending on which organization the writer of the music has joined. The publisher of the piece of music can be found on the music itself and "permission will typically be granted" (Schlager, 2008). The fee, if any, will be reasonable since it is for educational reasons that the piece of music will be performed.

The Music Publishers' Association (www.mpa.org) president, Lauren Keiser, says "We do send cease-and-desist letters on behalf of our members, which we have to a number of school districts and teachers. Our general counsel sends a letter, generally copying the superintendent of schools. The fines can be exorbitant" (Schlager, 2008). Schalger points out that simple cases of infringement cost $750-$30,000 and more serious infringements can lead to fines up to $250,000 and five years in prison.

Wow! That's a hefty price to pay for using music with your students. Even though the intentions are good, teachers still need to follow the laws put in place.

Citation

Schlager, K. (2008). COPYRIGHT LAW: What music teachers need to know.

Teaching Music, 15(5), 38-41. Retrieved October 15, 2008, from Academic

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