GUIDELINES FOR PHOTOCOPYING COPYRIGHTED MATERIALS

GUIDELINES FOR PHOTOCOPYING COPYRIGHTED MATERIALS

Sheet Music: What we/you can copy:

Emergency copying to replace purchased copies which for any reason are not available for an imminent performance, provided purchased replacement copies shall be substituted in due course.

Multiple copies of excerpts of works may be made for academic purposes other than performance provided that such excerpts do not comprise a performable unit, provided that such copying does not exceed 10% of the work and no more than one copy per student is made.

Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered or lyrics added.

FAQ

I've already purchased one copy. Can't I make a copy for my accompanist?

The answer to this question may depend on the motivation for making the copy and the extent of the copying. According to the Music Guidelines, copying for the purpose of performance is prohibited. Emergency copying for an imminent performance is allowed so long as the photocopy is replaced by a purchased copy in due course.

Generally, a purchased copy will likely be required for an accompanist, even if just for studying the work in private. The Music Guidelines state that "for academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil".

If I purchase adequate copies or parts for my ensemble, can I make copies to mark up for performance if I discard them afterward?

However common the practice might be, it seems to go against copyright law which states that only libraries and archives (See Preservation Law) may make copies for this purpose. Even then, library and archives may only do so within certain circumstances.

Additionally, this practice does not seem to fall under any of the four fair use provisions. Usually, although there are exceptions, the use is neither non-commerical, nor transformative. It is music created to be sold (at a profit). Usually, in such cases, the entire work is copied. And, music of this nature, is generally inexpensive and not considered permanent in nature--thus effecting the market.

Guidelines for Educational Uses of Music

The following guidelines were developed and approved in April 1976 by the Music Publishers' Association of the United States, Inc., the National Music Publishers' Association, Inc., the Music Teachers National Association, the Music Educators National Conference, the National Association of Schools of Music, and the Ad Hoc Committee on Copyright Law Revision. New guidelines are available at the Music Publishers' Association website.

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of HR 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

A. Permissible Uses

1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.
2. For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.
3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
4. A single copy of recordings of performances by students may be made or evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
5. A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

B. Prohibitions

1. Copying to create or replace or substitute for anthologies, compilations or collective works.
2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
3. Copying for the purpose of performance, except as in A(1) above.
4. Copying for the purpose of substituting for the purchase of music, except as in A(1) and A(2) above.
5. Copying without inclusion of the copyright notice which appears on the printed copy.

Rules for Reproducing Text Materials for Use in Class

[FROM STANFORD UNIVERSITY LIBRARY COPYRIGHT & FAIR USE http://fairuse.stanford.edu/]

The guidelines permit a teacher to make one copy of any of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay, or short poem; a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

Teachers may photocopy articles to hand out in class, but the guidelines impose restrictions. Classroom copying cannot be used to replace texts or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil. And a notice of copyright must be affixed to each copy.

Examples of what can be copied and distributed in class include:

• a complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem
• a complete article, story, or essay if less than 2,500 words or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; or
• one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume (for example, a magazine or newspaper) during one class term. As a general rule, a teacher has more freedom to copy from newspapers or other periodicals if the copying is related to current events.

The idea to make the copies must come from the teacher, not from school administrators or other higher authority. Only nine instances of such copying for one course during one school term are permitted. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request. For example, the instructor finds a newsweekly article on capital punishment two days before presenting a lecture on the subject.

Teachers may not photocopy workbooks, texts, standardized tests, or other materials that were created for educational use. The guidelines were not intended to allow teachers to usurp the profits of educational publishers. In other words, educational publishers do not consider it a fair use if the copying provides replacements or substitutes for the purchase of books, reprints, periodicals, tests, workbooks, anthologies, compilations, or collective works.

Rules for Reproducing Music

A music instructor can make copies of excerpts of sheet music or other printed works, provided that the excerpts do not constitute a “performable unit,” such as a whole song, section, movement, or aria. In no case can more than 10% of the whole work be copied and the number of copies may not exceed one copy per pupil. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered (or added to).

A student may make a single recording of a performance of copyrighted music for evaluation or rehearsal purposes, and the educational institution or individual teacher may keep a copy. In addition, a single copy of a sound recording owned by an educational institution or an individual teacher (such as a tape, disc, or cassette) of copyrighted music may be made for the purpose of constructing aural exercises or examinations, and the educational institution or individual teacher can keep a copy.

Instructors may not:

• copy sheet music or recorded music for the purpose of creating anthologies or compilations used in class
• copy from works intended to be “consumable” in the course of study or teaching such as workbooks, exercises, standardized tests and answer sheets, and like material
• copy sheet music or recorded music for the purpose of performance, except for emergency copying to replace purchased copies which are not available for an imminent performance (provided purchased replacement copies are substituted in due course); or
• copy any materials without including the copyright notice which appears on the printed copy.

If copyrighted sheet music is out of print (not available for sale), an educator can request permission to reproduce it from the music publisher. Information about contacting music publishers is provided in Chapter 5. A library that wants to reproduce out-of-print sheet music can use a system established by the Music Publishers’ Association by downloading and completing a form called the “Library Requisition for Out-of-Print Copyrighted Music” from the Association’s website at: www.mpa.org/copyright_resource_center/forms.

- See more at: http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/#sthash.hLacQGNY.dpuf

Copyright Term and the Public Domain in the United States