Top 10 Things to Know About Copyright for Music Educators

As a music educator, your role is pivotal in nurturing the next generation of musicians and composers. Whether you are conducting a choir, teaching an instrument, or running a music theory class, understanding copyright is essential for ensuring that your teaching practices respect the rights of creators and foster a lawful educational environment. Here is a comprehensive guide to the top 10 things you need to know about copyright as a music educator.

1. What is Copyright Law?

Copyright law is a legal framework that grants authors, composers, and other creators exclusive rights to their works. This includes the right to reproduce, distribute, perform, and display their creations. For music educators, this means you need to understand that the music you use in your classroom is protected by these laws, and you must seek permission for its use in many cases.

2. The Basics of Music Copyright

In music, copyright covers both the composition (melody, harmony, lyrics) and the recording (performance, sound recording). Composers have rights to their compositions, while performers and record labels have rights to their recordings. When using music in the classroom, you may need to consider both areas of copyrighted material.

3. Fair Use Doctrine

Section 107 of the Copyright Act, commonly known as “Fair Use Doctrine”, allows limited use of copyrighted material without permission for purposes such as teaching, scholarship, and criticism. However, “fair use” is determined entirely on a case-by-case basis considering factors like the purpose of use, the nature of the copyrighted work, the amount used, and the effect on the market value of the work. In music education, this might apply to brief excerpts used for analysis or educational discussion, but must never be assumed. If in doubt, it is recommended that permission be obtained. See also: US Copyright Office FAQs on Fair Use.

4. Public Domain Music

Music that is in the public domain is no longer protected by copyright law and can be freely used. In the United States, works published 97 years before the current year and earlier are generally considered in the public domain, but copyright protection varies widely by territory and country. Always double-check copyright status to avoid infringing on active copyrights and refer to our Guide to Public Domain Works to assist you in identifying public domain status according to the widest international standard.

5. Public Performance Rights

K-12 schools are generally exempt from having to acquire blanket licenses through organizations like ASCAP, BMI, or SESAC, which cover public performances. If in doubt, verify your institution’s licensing agreements and review the parameters of your performance to ensure your institution/organization is in compliance.

6. Other Music Licenses

In addition to Public Performance, there are three other music licenses to be aware of as a music educator:

Mechanical license
Secured when recording copyrighted music. This license is compulsory and relatively easy to secure through services like EasySong.com or SongFile.com.
Synchronization license
Or “sync” license for short. Required when using copyrighted music in any visual medium such as film or TV. Permission is always required from the copyright owner.
Print license
Required when creating sheet music of copyrighted music. Permission is always required by the copyright owner. ArrangeMe provides the easiest solution to secure print licensing when publishing sheet music arrangements of copyrighted music.

Many music publishers and licensing organizations offer specific licenses for educational settings, including copying music, recording performances, and public performances. Investigate options like Hal Leonard’s Licensing portal and the Copyright Clearance Center for resources that suit your needs.

7. Teaching Materials and Handouts

Creating handouts, worksheets, or digital resources based on copyrighted music can also fall under copyright concerns. While you might be able to make limited copies for educational purposes under the Fair Use Doctrine (see above), distributing them beyond the classroom or using extensive parts of copyrighted works requires permission.

8. Recording and Uploading Performances

Recording classroom performances or uploading them online (e.g. to a school website or social media) introduces additional copyright issues. You need to ensure you have the appropriate licenses or permissions for both the music and the performance before making recordings available to the public. If using a 3rd party distribution service or site, always ensure the licensing is accounted for in the service’s terms of use.

9. Original Compositions and Copyright

If you or your students compose original music, you (or they) hold the copyright to those creations. No registration is required, as long as the work is “fixed” (i.e. documented), the work is automatically protected. While the registration of works with the U.S. Copyright Office is not a requirement for copyright protection, registration is generally recommended if one’s work attains a public audience.

10. Resources for Further Learning

Staying informed about copyright law is an ongoing process. Utilize resources like the Copyright Office’s website, music educator associations, and legal advice from copyright professionals. Websites like Copyright.gov and Music Teachers National Association offer valuable information and updates on copyright issues.

Conclusion

Navigating copyright law can seem daunting, but it’s crucial for music educators to understand these principles to create a respectful and legal learning environment. By mastering these key areas, you can confidently incorporate music into your teaching practices while upholding the rights of creators and fostering a deeper appreciation for the art of music.

For more insights and resources, don’t hesitate to explore educational materials and consult with legal experts in copyright law. Your commitment to respecting intellectual property not only benefits your students but also supports the broader music community!