The term “imminent performance” does not exist in the U.S. All recorded music is protected by copyright law until 2067 no commercial recordings are considered Public Domain. Public Domain refers to printed works with a copyright date before 1922 (to use copies of it legally, you must have proof in the way of a tangible copy with a copyright date before 1922). Printed music in the Public Domain is not subject to copyright law. Any tangible work with the notation © and the date copyrighted (if after 1922) is considered under copyright. Any copies made that avoid purchase are illegal, as they have a negative effect on the print music market – on the income of the publisher but also on the arranger and/or composer. Copying an entire piece, etude or even movement can never count as Educational Use.Įffect on the market. Generally copying for Educational Use involves less than 10% of a copyrighted piece, or any other length that is not performable as a unit. As soon as you play a piece (rather than study it on paper), by law, it’s considered performance.Īmount copied. Performance refers to any music that is performed, whether in the recital hall, the rehearsal hall whether for profit or not. This is where many of our misconceptions may begin.Įducational Use refers only to the use of a piece in a classroom setting, e.g. Nature of the work, i.e., is it intended for Performance or for Educational Use. Purpose, i.e., public or private? Is the piece is being prepared for a public performance (as opposed to private in-home leisure use)? The potential effect of the copying on the market Determining fair use relies on four criteria: The crux of the copyright law is determining “ fair use.” Contrary to popular belief, fair use (other than private in-home listening or playing) is very limited. What about “imminent performance” or other emergency? (more on that later) What about the arrangements we make for my group? Illegal (without permission of the copyright owner). What about copies of an out-of-print piece? Illegal (without permission of the copyright owner). What about copies so students don’t write on/lose the originals? Illegal (without permission of the copyright owner). What about copies if a piece does not include enough parts? Illegal (without permission of the copyright owner). What about extra copies for a judge or accompanist? Illegal (without permission of the copyright owner). You CANNOT make a derivative work or arrangement for public use in any form without permission You CANNOT reproduce the music or lyrics without permission Copyright Laws state that, if music or lyrics are under copyright protection: The only one who can give you permission to make copies is the owner of the copyright – the publisher, composer, etc.
Copies made for any reason that avoid purchase of the music are technically illegal.
When you purchase one copy of a piece of music (or a recording), you have the permission to own that one copy, period not to make any additional copies. The United States Constitution, Article 1, Section 8, guarantees the creator of a work of art the “exclusive rights” to copy and/or distribute that work. If a piece of music is copyrighted, that means that only the owner of that copyright has the right to make copies. This makes addressing this topic imperative, as much as we may not like the discussion. We are not the first state being investigated, nor will we be the last. The Music Publishers Association is actively looking for state music organizations which permit (or ignore) the use of illegally photocopied music.
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