Resources for classrooms can be scarce. As a teacher, you know all too well what you’re spending out-of-pocket to improve your students’ educational experience. The urge to save some money by copying sheet music is understandable. Understandable, sure – but that doesn’t mean legal.
Potential legal penalties aren’t the only hazard. As a teacher, you want to model positive behavior to your students, so that can’t include stealing. Composers and publishers who sell copyrighted sheet music earn their money through those sales. Distributing sheet music that should’ve been paid for takes money out of the pockets of those composers.
So, what’s a music teacher to do to stay on the right side of the law?
Navigating the complexities of copyright law is essential for music educators, especially when it comes to copying sheet music. While resources may be limited, it's crucial to understand and adhere to legal guidelines to avoid potential penalties and to model ethical behavior for students.
Understanding Copyright and Fair Use
Under U.S. copyright law, creators hold exclusive rights to reproduce, distribute, and perform their works. Unauthorized copying of sheet music infringes upon these rights and can result in fines ranging from $750 to $30,000 per infringement, with higher penalties for willful violations. The "fair use" doctrine provides limited exceptions for educational purposes, but its application is nuanced and requires careful consideration.
Guidelines for Copying Sheet Music
To ensure compliance with copyright laws, educators should observe the following guidelines:
- Single Copies for Preparation: Educators may make a single copy of a short excerpt (not exceeding 10% of the entire work) for personal preparation or classroom use.
- Multiple Copies for Classroom Use: Making multiple copies for students is permissible only if the excerpt is less than 10% of the whole work and does not constitute a performable unit such as a movement or aria. Each student may receive one copy.
- Emergency Copying: In emergencies, such as a lost or damaged part shortly before a performance, educators may make a replacement copy, provided a purchased replacement is subsequently acquired.
- Prohibited Copying: Copying to avoid purchasing music, creating anthologies, or reproducing consumable materials (e.g., workbooks, standardized tests) is strictly prohibited.
Public Domain Considerations
Works published before 1923 are generally in the public domain and may be freely copied. However, new arrangements or editions of these works may be copyrighted, so it's essential to verify the status of specific editions before copying.
Public Domain Considerations
When in doubt, or when the intended use falls outside the scope of fair use, educators should seek permission from copyright holders. This may involve contacting publishers or utilizing licensing organizations that facilitate legal use of copyrighted materials.
Conclusion
While the desire to provide ample resources for students is commendable, it's imperative to respect copyright laws. By adhering to these guidelines, educators can ensure they support both their students' learning and the rights of creators.
Source
United States Copyright Law: A Guide for Music Educators – NAfME
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