|
|
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 Music Publishers' Association website
Guidelines for Educational Uses of Music
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
- 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.
- 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
- 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.
- 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.
- 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
- Copying to create or replace or substitute for anthologies, compilations
or collective works.
- 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.
- Copying for the purpose of performance, except as in A(1) above.
- Copying for the purpose of substituting for the purchase of music, except
as in A(1) and A(2) above.
- Copying without inclusion of the copyright notice which appears on the
printed copy.
Copyright©2006. Music Library Association. All rights reserved.
Material protected by this copyright may be used for the noncommercial purpose of scholarship, research, and classroom use, provided the copyright notice is affixed to the first page of each printed selection.
|