Copyright in Music Education
Introduction
Technology is a tool that is utilized everyday in modern society. However, a concept in technology that is not normally discussed is copyright. This is an important factor to deliberate because copyright provides credit where it is concerned. It is the job of copyright to specify who did, what and when. Copyright is the author or creator’s right to reproduce, prepare alternate works, distribute copies, and publicly display works.
When I was introduced to the concept of copyright, it wasn’t in my technology courses; however, it was in my English and literature courses. Copyright generally is not thought of as a technology because of the way that it’s use is incorporated, primarily in literature and research. Another, reason that it is not seen as a technology is because the changes that occur within copyright are not seen daily. The difficulties that were faced during the 19th century where not those of the computer and other technologies during the 21st century.
My third and final reason, most people do not recognize copyright as a technological issue and is more of a literature and research problem. Many people neglect to provide credit to those who have already done the work necessary bringing us to the issue with ignorance in copyright.
As a pre-service music educator, I have come to realize that much of the information and resources that I and other music educators use in the classroom, are someone else’s ideas or concepts. How does copyright law impact the music class?
What is copyright?
Copyright is the author or creator’s right to reproduce, prepare derivative works, distribute copies, and publicly perform or display works. This covers a variation of different formats and has been revised throughout time to be modified for the various formats that have evolved with technology and time.
As copyright policies and laws have changed and evolved through time, so has the ways in which copyright goes into effect with works. For a creation to become copyrighted, it must be made so that it is able to be shared, it is more than a thought. Even though, the work that the author created is now copyrighted, it is strongly recommended to complete the full registration process with the U.S Copyright Office. The copyright, once registered, ensures that the creator will receive all rights and permissions for this work, for his/her life span and the 70 years after. Should there be two or more authors/creators, the copyright is valid up to 70 years after the last surviving author/creator.
As a part of technology, copyright is neglected in the multiple content areas, and many neglects to provide credit where due. As a pre-service educator, I personally, hope to make improvements in this area of study and understanding.
“Fair Use”
“Fair use” is described as a selection of work that permits certain use without request of special permissions. This is limited to but not restricted for criticism or comments, news reporting and teachings. Many may not understand the ideas that are pushed as “fair use”, there are four considering factors as to what is “fair use”.
1. the purpose and character of the use, including commercial or non-profit educational use
2. the nature of the copyrighted work
3. the amount of the work used compared to the copyrighted work
4. the effect of the use upon the potential market
“Fair use” was part of the 1976 Copyright law changes; however, even this did not provide enough flexibility for educational and recreational uses. More changes came throughout the years; however, in 2001, the TEACH Act was placed to allow the ease of sharing information for educational purposes. Section-110, provides an exemption for teachers allowing the use of copyrighted works “in the course of face-to-face teaching activities of a non-profit educational institution”. This allows for educators to reproduce, record, prepare arrangements of works, distribution, performance, and display.
Impact on Music Education
With copyright, we can tell that there have been some accommodations for the classroom setting. we can also see the accommodations have some limitations that take effect in the classroom as well as the music room, but Are they stricter?
Diving more into Section 110, we discover that sticking within the limitations of the copyright laws and policies makes the music classroom a little more difficult. There are specific programs, just as you can with English, History, and other content areas that can be purchased. These provide all the permissions necessary to have a successful year. Just remember to renew the permissions annually. For an instructor who is unfamiliar with Section 110, this is some of the ways that it may cause difficulties.
When reproducing music, an instructor may only make one copy per student of up to 10% of a musical work for class study. If 10% copying does not construct the entire performance meaning all music selections, if intending to perform, must be ordered from the publisher. This may be difficult for schools who do not have the financial budgets to pay for more music, but already have copies. When recording for the class, there may only be a single recording in Section 110. I could see this being a difficulty within the music room. Given the introduction of Google Classroom and additional technology-based activities in the music education. Should it be necessary, as a music educator, to modify, rearrange, edit, or simplify a copyrighted work for educational purposes. However, the lyrics and “the fundamental character” of the composition may not be changed or altered. Also, by Section 110, any materials obtained legally can be displayed and performed “in the course of face-to-face teaching activities of a non-profit educational institution”.
Conclusion
In conclusion, the use of technology as copyright is an important essence as a music educator. There are many reasons, several of which have been stated previously; however, the true use of copyright is what shall determine a music educators’ integrity and dedication. The use of the copyright in the classroom should be modeled for the students to make an impressionable impact in the classroom.
Word Count: 1253
Resources
Advanced Solutions International, Inc. (n.d.). MTNA Copyright Guidelines for Music Teachers. Retrieved 2018, from https://www.mtna.org/MTNA/Learn/Copyright_FAQs.aspx
Copyright Law: What Music Teachers Need to Know. (n.d.). Retrieved 2018, from https://nafme.org/my-classroom/copyright/copyright-law-what-music-teachers-need-to-know/
Bachner, Bryan. “Facing the Music: Traditional Knowledge and Copyright.” Human Rights Brief 12, no. 3 (2005): 9–12
Bulgrien, A. (n.d.). Copyright Timeline: A History of Copyright in the United States. Retrieved October 27, 2018, from https://www.arl.org/focus-areas/copyright-ip/2486-copyright-timeline#.W9Uzn5NKi00 A continuously updated list of copyright
B. (2015, January 27). Copyright Music Education — Twitter Search. Retrieved 2018, from https://twitter.com/search?q=Copyright Music Education&src=typd
J. (2011, January 14). Copyright screencast. Retrieved 2018, from https://www.youtube.com/watch?v=w6VBWvRlqZM
FAQ about Copyright. (n.d.). Retrieved 2018, from http://copyright.musiclibraryassoc.org/Resources/FAQ
Lien, J. L. (March 2012). Ethical Dilemmas of In-Service Music Educators. Action, Criticism & Theory for Music Educators,11(1), 81–98. Retrieved 2018, from http://act.maydaygroup.org/articles/Lien11_1.pdf
A. (2012, April 02). Mark Davis: A Lecture on Teaching Copyright Law to Music Students. Retrieved 2018, from https://www.youtube.com/watch?v=6fqDLx0jFF0
MFA. (n.d.). The Copyright Monster. Retrieved 2018, from http://www.musicforall.org/resources/copyright/the-copyright-monster
Office, U. C. (n.d.). Overview of the Copyright Office. Retrieved 2018, from https://www.copyright.gov/about/
QuestionCopyright.org. (n.d.). Retrieved 2018, from https://questioncopyright.org/teaching_music_under_copyright
Rosenblatt, B. (2018, February 26). The Big Push to Reform Music Copyright for The Digital Age. Retrieved 2018, from https://www.forbes.com/sites/billrosenblatt/2018/02/25/the-big-push-to-reform-music-copyright-for-the-digital-age/
United States Copyright Law: A Guide for Music Educators. (n.d.). Retrieved 2018, from https://nafme.org/my-classroom/united-states-copyright-law-a-guide-for-music-educators/
Young, J. R. (2012, January 18). Supreme Court Upholds Law That Pulled Foreign Works Back Under Copyright. Retrieved 2018, from https://www.chronicle.com/article/Supreme-Court-Upholds-Law-That/130376/?sid=wc&utm_medium=en&utm_source=wc
