What is Copyright Law...

 

Introduction

As musicians you are all affected by copyright law daily. It is important that your understanding of the current copyright laws is accurate.

• If you are a composer, getting your work copyrighted is mandatory to protect your creativity from being claimed by another composer and you certainly wouldn't want to have to pay a large fine or, even worse, serve a prison sentence for stealing somebody's hard work.
• If you are arranging music for a school ensemble, what do you have to do to follow the law and not become an infringer?
• When do I have to pay to perform a piece of copyrighted music?
• If you photocopy a piece of sheet music, are you breaking the law?
• What are the consequences when a copyright law is broken?

You will be working in teams where group members take on different roles and look for certain kinds of information, answers, and insights on copyright law. After each role has been investigated thoroughly and individual tasks completed, the team will write a paper on the topic, "What is copyright law... and why should I care?" and present that paper to the class.

The Task

Your task is to:

1. Take on one of the roles listed below.
2. Complete the task related to the role through exploring Internet links.
3. Demonstrate your knowledge of the topic and support why it is important for your character to care about copyright law during the writing of the team paper.
4. As a team member, you will assist in the presentation of the team paper to the class.

The Process

There are three main parts to this project:

• Phase 1: Gaining Background Knowledge

   

• Phase 2: Collecting Information and Preparing a Discussion Guide

   

• Phase 3: Round Table Discussion and Completing the Evaluation Rubric

Phase 1: Gaining Background Knowledge

Before becoming your role, check that you and everyone in your group understand the basic facts behind copyright law. Use the links listed after the questions. Make sure that each member of each group can answer the basic questions:

1. Who? (developed copyright law)

    

2. What? (are the basic aspects of copyright, fair use, public domain, infringement)

    

3. Where? (do I go to find who owns a copyright, to apply for a copyright)

    

4. When? (does a copyright expire, must I get permission to use or perform a copyrighted work)

    

5. Why? (were copyright laws developed)

Use these links:

• West's Encyclopedia of American Law has a useful entry on the History of Copyrights
• This site provides much Useful Information
• Some other sites on fair use: Stanford University Fair Use Site, Links to articles on Fair Use, and, specifically, an article on The Copyright Law and Musicians
• ASCAP Resource Guide on Copyright Information and Music Publishing
• If all else fails, here is the chapter (17) of the U.S. Code that applies to copyright law.

Phase 2: Collecting Information

This is where you take on one of the roles and explore the related Internet links. Have fun. Look for interesting things, important things, and surprising things.

 

1. Choose a role (this can be one person per role or pairs).
2. Surf the links related to your role.
3. Follow your interest and what strikes you.
4. Answer the questions on the "Discussion Guide" for your role. Be sure to complete the final section in which you add questions that are not covered by the "Discussion Guide" but need to be presented.
5. Recommend any Internet links (not listed below) or non-online resources regarding your role by filling in the "Here are Some Additional Resources" sheet.
6. Give a completed copy of the following to your teacher: "Discussion Guide" and "Here are Some Additional Resources" sheet. Ask your teacher what is required: a hardcopy, an HTML file on a diskette, or both.

 

Role	Learning Links
Composer	The Copyright Law and Musicians The U.S. Copyright Office - Circular 1 - Copyright Basics How to apply for a music copyright U.S. Copyright Office - FAQ Copyright Registration Copyright Registration Forms Article - "Composers and Authors" Writer / Publisher Information The Songwriter's Guild (SGA) When works pass into the Public Domain -
Arranger	The Copyright Law and Musicians The U.S. Copyright Office - Circular 1 - Copyright Basics The "Fair Use" Test Article - "Composers and Authors" Writer / Publisher Information BMI Search Site The Songwriter's Guild (SGA) When works pass into the Public Domain -
Performer	The Copyright Law and Musicians Performing Rights Frequently Asked Questions About Licensing ASCAP BMI The U.S. Copyright Office - Circular 1 - Copyright Basics When works pass into the Public Domain -
Lawyer	The Copyright Law and Musicians U.S. Code, Chapter 5 - Copyright Infringement and Remedies Copyright Resource Page The Copyright Website - audio infringers The U.S. Copyright Office - Circular 1 - Copyright Basics
Educator	Music Educators National Conference (MENC) site on U.S. Copyright Law for the Music Educator The Copyright Law and Musicians General Copyright Provisions Guidelines for Educational Uses of Music The U.S. Copyright Office - Circular 1 - Copyright Basics Article - "Off-Air Recording of Broadcast Programming for Educational Purposes" When works pass into the Public Domain -

Phase 3: Creating the Learning Product

Now that you have "collected" information, the next phase challenges you to extend or refine your thinking. This will be achieved by combining your knowledge of the topic with that of your fellow team members.

1. Have your completed "Discussion Guide" and the "Here are Some Additional Resources" sheet available.
2. Working with your team, write a paper summarizing what you have discovered about U.S. Copyright Law relative to each role investigated. The conclusion of the paper should answer the part of the title question, "...and why should I care?" as it relates to each role.
3. Present your paper to the class. Be creative in your presentation. You are encouraged to use multimedia resources (Internet sites, PowerPoint presentation, etc.).
4. Complete the "Self Assessment" portion of the Evaluation Rubric and turn it in to the teacher.

Conclusion

Through looking closely at the facts and issues behind U.S. Copyright Law as it relates to music, we hope that you can feel certain that you can protect your creative efforts and that you never become an infringer.

 

Last revised June 25, 1999 By Nelba Thomas and Wanda Terral Shelby County Schools