Music Technology in Education

I have been studying copyright law for quite some time now, and I find that navigating through the Digital Millenium Copyright Act of 1998 can be a bit confusing. Since 2000, I have presented a session entitled To Burn Or Not To Burn: It’s More Than An Ethical Question on many occasions, and it often leaves attendees with many questions about their own past practices. I also receive many emails from teachers with questions about specific situations, and whether or not they are violating copyright law. In an effort to answer many of these questions, I am starting a new category of posts titled Copyright or Copywrong? This is the first installment.

Recently a teacher asked me if it was Fair Use to record performances of concerts and post those recordings on a department website. The answer is no. Why? Every piece of music published with two copyright protections - one copyright protects the printed music itself, and another protects any recording of a performance of it. Fair Use dictates that you can record the concert for archival purposes only and that the recording may not be lent out to students. It can be played back in a classroom setting for critique - but that’s about it. Without written permission from the publisher of the composition, you may not post a recording of the concert on a website. The rationale is that there might already be a recording of the piece for sale and by offering a free version, you are effectively taking away a potential sale. As crazy as you might think that may sound, the law was written to protect the record companies that produce these recordings and are financially effected by the loss of a sale. Many teachers not only record their concerts, but they sell the recordings as a fund-raiser. This is a clear violation of the law. You must get clearance from the Harry Fox Agency and pay royalties per copy of each CD sold. I recommend reading the MENC publication on copyright law to see how copyright law can effect your program. Better to be safe than sorry.

I welcome your comments and suggestions.