This document discusses copyright and fair use guidelines for using music in the classroom. It provides examples of copyright infringement, such as downloading music without purchase or posting cover songs online. While purchasing music allows resale or lending of the original, it does not grant rights to public performance or reproduction. Fair use allows use of music for educational purposes as long as guidelines are followed, such as using excerpts of less than 30 seconds for analysis or projects. Several scenarios involving teacher and student uses of music are presented and assessed according to fair use criteria.
2. Copyright law clearly protects the rights of
musicians to distribute and profit financially
from their work. Performing or distributing
someone else’s music without a license is
against copyright.
Outside of the classroom the following uses of
music are examples of infringement:
Downloading new music without purchase
Creating mixed CDs for non-personal use (even using
lawfully obtained music)
Posting a cover of a copyrighted song on YouTube or
other media-sharing websites
COPYRIGHT
3. But I bought the music? Doesn’t that give me
the right to do what I wish with the audio?
“First Sale” gives the purchaser the right to sell, lend,
or destroy the original.
Purchasing audio content does not ever imply the
right to reproduce, put on public display, or perform
the song without permission.
FIRST SALE
4. The doctrine of Fair Use does allow for the
incorporation of music in the face-to-face
classroom, as along as acceptable guidelines
are met.
In general:
A teacher can use lyrics and audio in the classroom
as long as the purpose is educational and copies are
only made as needed.
For teacher or student multimedia projects, less than
30 seconds of the audio and only necessary copies of
the lyrics should be reproduced.
FAIR USE
5. Music for educational
purposes that
transforms the use of
the work (beyond
entertainment) are
acceptable under Fair
Use doctrine.
Criticism
Analysis
Commentary
Parody
Other teaching
purposes
Using more of a song
than is needed is not
acceptable under Fair
Use doctrine.
May include the entire
work only if
educationally
necessary
No financial gain
should come from use
of the music
THE PURPOSE AND
CHARACTER OF THE USE
6. Because music is a
natural form of
poetry, it is
educational in
nature and can be
considered fair use
when this
educational purpose
is espoused.
The fact that music
is highly creative
weighs against fair
use. Use should not
attempt to stifle the
creativity of the
artist, such as
editing the song.
NATURE OF COPYRIGHTED
WORK
7. Ideally, a teacher
should use a small
portion of the song—
no more than 10% of
the work or less than
30 seconds—and the
amount used should
accomplish a
specific purpose or
address a specific
standard.
The more that is
used, the less likely
the music is
necessary for a
specific purpose.
If access to the music
is unlimited (uploaded
file of the song to a
website, copies of
audio for all students),
this goes beyond fair
use.
AMOUNT AND SUBSTANTIALITY
OF PORTION USED
8. If the teacher owns
a lawfully obtained
copy of the work,
this bodes well for
fair use.
As long as the
teacher does not
impede the market
potential for the
work, fair use should
apply.
Unlawfully obtained
copies should not be
used.
Entire albums
should not be
reproduced, thus
reducing a student’s
chance of
purchasing for
himself.
EFFECT ON MARKET FOR
ORIGINAL
9. Ms. Jones, an English teacher, wants students to
analyze Katy Perry’s “Firework” as a way to
illustrate common literary and rhetorical devices
used in poetry and other types of writing.
Can she:
make copies of the complete song lyrics for the students
in her class?
play the song in class?
provide students with their own audio copies of the song?
post the lyrics and a digital file of the music to her
website?
SCENARIO 1
10. Because her purposes are educational, Ms.
Jones can use the lyrics and audio in her
classroom.
She should make only enough copies of the
lyrics for the students in her class.
She can play the song in class as long as it
was obtained lawfully.
She should NOT provide students with their
own audio copies of the song or publish lyrics
or audio on her website since these could
interfere with the artist’s market potential.
SCENARIO 1 SOLUTION
11. Students are assigned a popular language
arts project—create a mixed CD of songs that
reveal character traits of a novel’s
protagonist, explore a specific theme, or
illustrate assigned literary devices.
Can students:
use the full-length songs?
reproduce lyrics in a cover jacket?
make multiple copies of the project to share with
classmates?
SCENARIO 2
12. Students should use only lawfully obtained copies of the
songs.
Although the purpose is educational, because this project
involves the distribution of an artists copyrighted work,
students should:
only use excerpts from the song (less than 30 seconds)
reference key phrases, rather than reproduce the entire song lyrics
An alternative format for this project would be preferable.
Rather than create a mixed CD, students could create a
personal website or blog with original song analysis and
hyperlinks to artist-endorsed copies of the song and/or
copyrighted lyrics on the Internet.
Students should NOT make additional copies of the mixed CD.
This interferes with the market potential of the audio.
SCENARIO 2 SOLUTION
13. Ms. Smith enjoys playing background music in
the classroom when her students are reading,
writing, or working on other artistic endeavors
because she thinks the music may be
inspiring to students.
Is this acceptable?
SCENARIO 3
14. Technically, playing background music
constitutes a public performance of music that is
prohibited if such music is copyrighted. The
research suggests that background music
provides no educational value so this portion of
fair doctrine does not apply.
Although the teacher would probably never be
prosecuted for copyright infringement, she could
avoid copyright infringement by playing only
music that is already in the public domain, such
as classical works by Beethoven, Mozart, and
Brahms.
SCENARIO 3 SOLUTION
15. Adventure of the American Mind (2007). Copyright for teachers
and school librarians. Retrieved from
http://users.mhc.edu/facultystaff/awalter/brim%20site/
Kognito Interactive (2009). Interactive guide to using
copyrighted media in your courses. Retrieved
fromhttp://www.baruch.cuny.edu/tutorials/copyright/
Moore, J. (2013). Copyright and fair use. [PowerPoint slides].
https://kennesaw.view.usg.edu/d2l/lms/content/viewer/main_
frame.d2l?tId=6595744&ou=302092
University of Minnesota (2010). A Map of Issues. Copyright
information & resources. Retrieved from
https://www.lib.umn.edu/copyright/usemap
University System of Georgia. (n.d.) Fair use checklist [pdf
document] Retrieved from
http://www.kennesaw.edu/library/copyright/fair_use_checklist
.pdf
REFERENCES
