Copyright and Music Files
Web Resources for Faculty
The following resources are intended for faculty who want to make a music file available through Blackboard. Faculty should determine whether or not “Fair Use” applies before uploading music files that are copyrighted, as in the case of music recordings in the library collection.
A single recording of a performance of copyrighted music may be made by a student 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. . . . [The Stanford document states that] instructors may not . . . copy sheet music or recorded music for the purpose of creating anthologies or compilations used in class. . . . [Nor can instructors] copy any materials without including the copyright notice which appears on the printed copy.
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 (p. 9).
When Fair Use Does Not Apply
If faculty determine that Fair Use does not apply, they should contact the owner of the copyright and obtain permission prior to uploading music files.
Example Copyright Notice
Here is an example of a Fair Use copyright notice that might be included with a Blackboard link, along with an alert not to download, forward, or distribute further:
Music, An Appreciation [sound recording], compiled by Roger Kamien. ©McGraw-Hill Companies Inc./This compilation p2006 SONY BMG MUSIC ENTERTAINMENT. This music file is protected by copyright and may not be downloaded, forwarded, or distributed any further.
