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Keywords:
Copyright | Fair Use | Music Education

This Article Appears on:
Music Education
What Should Music Educators Know about the Fair Use Provision?

By: Debbie Cavalier

Fair Use is an attempt to both protect those that produce and own copyrighted materials (composers and publishers), and at the same time, to recognize the needs of those that use and enjoy those materials (listeners, performers, and prominently, music teachers). With Fair Use, there are two basic factions at play:

1. The pedagogical need of music educators for reasonable access to copyrighted material
2. The practical need for music creators and their publishers to stay in business

As Danny Rocks, CEO of The Company Rocks, explains in his article entitled “Copyright: It’s a Matter of Respect,” the fair use exception is “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research…” The dividing line between “fair use” and copyright infringement is plain and simple: if you are doing something to avoid purchase, you are violating the law.

According to The United States Copyright Law: A Guide for Music Educators Web site, there are four main considerations when assessing Fair Use:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantially of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

When in doubt about whether an intended action infringes a copyright, ask for permission.


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Published: Mon, 27/11/2006 - 23:34

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