This past Friday, the US Copyright Royalty Board passed new royalty rates for Internet Radio Stations that will most likely signal the end of Internet Radio.  In a column on Wired.com, the author breaks down the exact royalty fees that each webcasting radio website would have to pay for every song downloaded by each user.  Although these royalty rates are quite small (.00008 - .0019 cents per song) they will add up quickly, often totaling up to 100% of the radio station’s revenue.  The royalties will be imposed retroactively,  beginnning in 2006 - so that many Internet Radio Stations already owe quite a bit of money.  The International Webcasting Association is fighting the ruling, but the outlook isn’t good.  The Recording Industry Association of America proposed to the US Copyright Royalty Board that SoundExchange take over the royalty collection process.

So what does this all mean?  It means that Internet Radio Stations like Pandora are being treated like terrestrial and satellite radio stations who already pay these royalty rates.  The only way that these stations will now survive will be by adding advertisements to their broadcasts (most likely between every song played).  While many might argue that these royalties are fair, others will argue that the Control Revolution has finally reached one of the last free outlets of media available.

I welcome your comments and suggestions.

DRM, PowerPoint & Fair Use

If you’ve ever tried to insert an audio file that you purchased from the iTunes Music Store into a PowerPoint presentation, then you know that you can’t do it - or can you? All of the files that are sold on the iTunes Music Store come with a protection known in the music industry as DRM - Digital Rights Management. Music files on iTunes are formatted as Protected AAC files. These are basically MP3’s with encryption that forbids them from being copied onto more than five machines. Most music lovers are not fans of this system, as it restricts the devices that you can play your music on - specifically, any song that you purchase through iTunes will only play on your iPod - unless you circumvent the DRM. Apple founder Steve Jobs has posted his thoughts on the rationale behind imposing his FairPlay DRM system on iTunes customers. In a nutshell, FairPlay is a part of iTunes to appease never record industry executives who are concerned about piracy.

There are a number of applications available online to “crack” the DRM on iTunes songs, including the well known Hymn Project, and an application called Blaze. Both of these applications have had legal issues with Apple who is desperately trying to crush these applications. Most iTunes customers know that there is an easier, if not costlier way to break the DRM on Protected AAC files. By making a playlist that includes Protected AAC files and burning them onto a CD, iTunes users can change their iTunes preferences (under the Advanced menu option) to use the MP3 encoder when importing files. Once that has been changed, users simply insert the burned CD and import the files as MP3s. Once in the MP3 format anything can be done with the files, including copying them and saving them to other MP3 playback devices. This is also the way to use those music files with a PowerPoint presentation. PowerPoint only plays MP3 audio files - not Protected AAC files. So the question is, is it legal or even Fair Use to “crack” the DRM on an iTunes music file for use in the classroom?

The answer is simple - NO. It is technically illegal to remove the DRM protections from an audio file. While it is certainly Fair Use to use a song that you purchased through the iTunes Music Store for your class, you are technically only allowed to play the file through iTunes. Sounds crazy right? I have done an extensive amount of research on this question, and I have found numerous sites that clearly state that circumventing DRM is illegal, so even if you are using the files legally, you can’t convert them to make your PowerPoint presentations (or any other type of multimedia format) easier to use with your students. It is interesting to note here that this problem does not exist if you use Apple’s presentation application Keynote. You can easily play iTunes files in a Keynote presentation - even if they are Protected AAC files. Word to the wise: use only legal MP3 files with your PowerPoint presentations or convert to Keynote. If you want to use iTunes files, exit your PowerPoint presentation and play the files through iTunes - it’s a Fair Use and it’s legal. Are copyright laws making you crazy? You’re not alone.

I welcome your comments and suggestions.

Looking for some new loops for your loop-based sequencing software?  Tired of the  loops that come with GarageBand?  There are a number of really good sites out there for finding free samples on the Internet, but my personal favorite is The Freesound Project.  Here’s why…

The Creative Commons website is a great place to find resources about alternative licensing and copyright.  Founded by Lawrence Lessig, it is a fantastic new way of dealing with the corporate lock-down of creativity.  The Freesound Project collaborates with Creative Commons by sharing their sounds and loops.  Unlike ccMixter - another Creative Commons site - The Freesound Project only deals with sounds - not songs.  Additionally, all of the sounds and loops on the site are copyright and royalty free - through a Creative Commons License that allows users to freely use the samples they find on the site, but that they attribute them correctly in return.  There are over 28,000 samples on the site as of today, and the database is growing.

To access the samples, simply click on the Search tab from the menu on the left hand side of the screen.  Next, put in a search term such as bass or drums or brass and you’ll get a series of samples - some better than others - to choose from.  You can download whatever you like and then import those loops directly into a program like GarageBand by either copying them into the sample library folder, or by dragging the sample over the loop browser.  It’s really quite simple.  Check out the site for yourself and listen to some of the loops.  Perhaps have students create their own loops by using a program like Reason and post your own loops and sound on the site to add to the collection.  Your students will be thrilled seeing their loops being used by other musicians around the world.

I welcome your comments and suggestions.

With podcasting quickly becoming a popular way to utilize technology in the music classroom, teachers must be knowledgeable about how copyright law applies to podcasting - specifically in terms of using copyright protected materials within the student work. Before one allows students to import digital music or video clips into a podcast, it is important to understand the Fair Use Provision of the Digital Millennium Copyright Act of 1998.

The Fair Use umbrella is a bit leaky when it comes to podcasting - perhaps because it is so new. While it clearly states that teachers and students can use up to 10% of a copyright protected work within an educational multimedia project, it is not clear whether or not that multimedia project can be posted online. The reason for the ambiguity is that once a podcast is posted online, others are able to download the work. Even though there may be less than 10% of the work played - it is not legal to make that material available in a format that can be downloaded. While there is no problem when students and teachers utilize the same materials within the classroom, once they cross into the world of the Internet, Fair Use gets unclear. The iTunes site has a very clear policy about posting podcasts that contain copyright protected materials - they do not allow it, and users must click on a legal disclaimer that agrees to that policy. This policy indicates that educators should avoid the practice as well. In my opinion, I would not allow students to use copyright protected materials when podcasting. Provide them the opportunity to create original music or use the jingles that are on GarageBand instead. Better to be safe than sorry.

I welcome your comments and suggestions.

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.

Creative Commons is a wonderful organization founded by one of my favorite authors, Lawrence Lessig. The purpose of the organization is to give artists and authors an alternative to current copyright law and the draconian restrictions to creativity that it often causes. For the past four years musicians, authors, websites, and blog writers have been licensing their work with a Creative Commons license. This license allows others to share the work with others - including the rights to copy, perform, display, and distribute the work - while attributing the work to the original author. My own personal website and many others attach the CC logo to their site. As educators, I firmly believe that we should share our knowledge with each other for the common good of the students. In addition to their work with copyright and licensing, Creative Commons is a center for materials that you can use for your own works. With sections of the site like CC Mixter, Open Courseware, and the Commons, users can find all types of media for non-commercial uses.

As with any other not-for-profit organization, Creative Commons relies heavily on the donations of it’s supporters. This holiday season I am continuing my support of this wonderful organization, an I urge you to consider donating as well. To support the work of Creative Commons, click HERE.

Have a happy, healthy and creative holiday season!