Copyright
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.
Copyright and Media
Web Resources for Faculty
The following resources are intended for faculty who use "media literacy" concepts as part of their teaching:
The Code of Best Practices is approved by the Action Coalition for Media Education, the Media Education Foundation, the National Association for Media Literacy Education, the National Council of Teachers of English, and the Visual Communication Studies Division of the International Communication Association. The five principles of best practice apply to all forms of media (print, images, Web sites, moving-image media, and sound media--both analog and digital) and in both institutional settings and non-school-based programs. The media must have been acquired, however, through legal means and, if the materials were acquired through license agreements the user must abide by the terms of that license.
Five fair use principles:
- Under fair use, educators using the concepts and techniques of media literacy can choose illustrative material from the full range of copyrighted sources and make them available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites. . . .
- Under fair use, educators using the concepts and techniques of media literacy can integrate copyrighted material into curriculum materials, including books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials designed for learning. . . . .
- Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials. . . .
- . . . [E]ducators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work. . . .
- Educators should work with learners to make a reasoned decision about distribution that reflects sound pedagogy and ethical values. In some cases, widespread distribution of students' work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use [italics added].
from pp. 10-13 Code of Best Practices in Fair Use for Media Literacy Education
Copyright Term and the Public Domain
To determine whether or not an item is in the public domain, consult the chart on Copyright Term and the Public Domain compiled by Peter B. Hirtle (Cornell University).
