Music Publisher's Association of the United States

(Experts taken from the MPA website www.mpa.org)

 

This information is provided as a resource for music directors regarding copyright laws.  For additional information please go to the Music Publisher's Association at www.mpa.org.

WHAT YOU MUST NOT DO!

The following are expressly prohibited:

• Copying to avoid purchase
• Copying music for any kind of performance (note emergency exception below)
• Copying without including copyright notice
• Copying to create anthologies or compilations
• Reproducing material designed to be consumable such as workbooks, standardized tests and answer sheets
• Charging students beyond the actual cost involved in making copies as permitted

WHAT YOU CAN DO!

What you can do without having secured prior permission:

• 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, 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% 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 performance by students may be made for 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.)

PENALTIES FOR INFRINGEMENT

The remedies provided by the law to a copyright owner mean that anyone found making illegal copies, or otherwise infringing, could face:

1. Statutory damages of from $750 to $30,000 and, if the court finds willfulness, up to $150,000; and
2. If willful infringement for commercial advantage and private financial gain is proved, fines of up to $250,000 and/or five years' imprisonment, or both.(as of March 1, 1989)

OUT-OF-PRINT MUSIC

Sometimes, music may be erroneously reported to be out-of-print. If you are in doubt and it is vital that you obtain the music, write directly to the publisher. Only the publisher or copyright owner has the right to confirm that a title is out-of-print. If a title is out of print, many publishers will make arrangements for you to obtain a copy.

FAQ's

How do I get permission to make photocopies of "out of print" works or arrangements of copyrighted works?

When a copyrighted work goes out of print and becomes generally unavailable to the public, the fact that it is "out of print" does not imply that it may be reproduced in any manner without first receiving permission from the copyright owner. As long as the work is under copyright, permission to reproduce the work must always be obtained.

How can I tell if a work is still protected by copyright?

Works created after January 1, 1978 will be protected for the life of the composer (author) plus 70 years. Copyrights in effect on that date, if renewed, will continue for 75 years from the date copyright was originally secured. Those works in their initial 28-year period of copyright on January 1, 1978 can be renewed for an additional 47 years, while the copyright of works in their renewal term on that date were automatically extended for an additional 19 years.

Do I need permission to make an arrangement or transcription?

If an arrangement is made of a copyrighted work without the authorization of the copyright owner, the arrangement would be an unauthorized derivative work and therefore an infringement of the copyright and the exclusive right of the copyright owner. The first thing to do when you want to make an arrangement is check if the work is in the public domain or if it is protected by copyright. If the work is protected by copyright, you cannot make an arrangement without the prior permission of the copyright owner.

May I make copies of existing recordings for my students to take home to practice?

It is expressly prohibited to make copies of recordings of a copyrighted work (even it it's for home practice) without permission of the copyright owner of both the musical composition and the recording. Please ask...publishers may be willing to work with you on licensing fees.

May I make my own recording of a composition for my students to take home?

This too requires the permission of the copyright owners of the musical composition. Again, please ask...publishers will consider all the facts of such requests in making these licensing decisions.

May I extract one or two pieces out of a collection and use photocopies of those pieces instead of purchasing the entire collection?

While collections may be "more expensive than what I wanted to spend" and "I only want to use one piece from the collection, I'll never use any other", they are made for a purpose; whether it be a musical, a cantata, a genre collection, or a contractual stipulation. Whatever the case, the collection must be purchased in its entirety. Some publishers may license use of individual pieces, however, situations vary greatly. Please contact the individual copyright owner for specific licensing possibilities.