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toc media type="file" key="title.mid" width="300" height="50" = = = Copyright on Music for PIDP 3103 = Birgit Martens/ Monique Davidson/ Nadine Simpson Hunter S. Thompson **
 * "The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."

The purpose of this Wiki page is to demystify music copyright so that educators can use music (in all of its forms) to their advantage in a classroom setting for the benefit of learners.

What is Copyright?
Canada's Copyright Act ([|Copyright Act]) was enacted in 1924 and is subject to periodic review. The Copyright Act spells out the the legal protection of literary, dramatic, artistic, and musical works,sound recordings, performances, and communication signals It provides the creators of such works the legal right to be paid for, and to control the use of, their work. Copyright also provides for exceptions to the rights of the creators (VCC, May 2006). Copyright law is international and applies to works created in any one of over 100 countries.

Copyright applies to all original musical works, including compositions that consist of both words and music or music only. Music copyright is considered to be infringed when material is rented, sold, distributed, traded or even just possessed without the consent of the copyright holder (section 27) [|Media Awareness Network]

According to the Canadian Copyright Act, the creator of the recording (whether this be a collection of sounds or music with or without lyrics) has the sole right to publish it as a whole or in part for the first time, to reproduce it in any material form, and to rent it out and to authorize anyone to use their work in this function. The best rule of thumb is that if you didn't create it, you need permission to use it.

When doesn't copyright apply?
Copyright protection applies to original work only and one can't obtain a copyright for music or sound clips someone else created. This can sometimes be a tricky concept however, as it isn't always easy to determine originality (VCC, May 2009). Furthermore, copyright only applies to the work and not the idea itself. Facts, ideas and news are all considered part of the public domain and are therefore, not covered by copyright laws.

Another exception to Copyright Act applies to non-profit educational institutions. Institutions are able to make copies and perform works protected by copyright, free of charge, in the classroom, subject to certain restrictions. They are also able to use copyrighted works at their educational institution for the the purposes of education or training so long as no suitable substitutes are commercially available.

What is the process for getting a copyright?
In order to claim a copyright, the creator must be a Canadian citizen, a permanent resident of Canada or of a country involved in the Berne Convention, Rome Convention, or a member of the World Trade Organization (WTO). This also applies to a corporation being the maker. The interesting thing about copyright is that it arises automatically once a work is created. It is not necessary to register a copyright, nor is it necessary for the copyright symbol to appear in order for the work to be protected by copyright.

Why should musicians register for Copyright?
To protect musicians from tragic outlooks like the one mentioned in the quote by Hunter S. Thompson above. Registering for copyright shows a public record that the piece is created and owned by the artist. This Copyright record can become the evidence the artist needs to prove that the piece is owned. With this license, artists can charge fees for the music they write. It also has the potential to protect them from the thieves and pimps of this world. Lyrics without music are protected through http://print-material.wikispaces.com/.

What is Infringement?
If you have a copyright and someone uses your work without your permission, they are infringing and violating your rights. Plagiarism is an example of infringement. Doing such things in private, however, don't constitute infringement. For example, you are allowed to give a private performance of someone's song or make a copy of a musical tape for private use.

Educational institutions also have some exceptions to infringement. For an educational institution and its instructors, it is not engaging in infringement if they publicly play a sound recording of a work or for a performer to perform said recorded work as long as this is done on the premises of an educational institution for the purpose of education. The public audience in this situation must primarily be made up of students.

Otherwise, a person who plays a published recording or performs it in public must pay royalties to the copyright holder or to the society that collects these royalties on behalf of the creator.

The Copyright Act provides that dealing with any material protected by copyright for the purposes of private study, research, criticism, reviews or news reporting is not an infringement of copyright. Under these conditions, permission of the owner does not need to be received and no royalties are owed, although the user is required to cite the source, if known. Fair dealings applies to photocopying (print and music) and the making of slides, microfiche, transparencies, and faxes. []

How does one go about getting permission to use audio clips or play recorded music?
 The most direct way to obtain permission to use the item you're seeking is to telephone the owners of the clip. The process will vary from copyright holder to copyright holder. You may be asked to fill out a form or write a letter. To see an example of a letter, [|Virgina Tech Library Services]. You may only need to get in touch with the appropriate person over the phone.

Another option is to contact or visit the website of the Society of Composers, Authors, and Music Publishers of Canada ([|SOCAN]) to apply for a license. SOCAN is a non-profit organization that protects artists. There are twenty different licenses all with different tariffs designed to suit the different needs of the user (even catered to the performance event). From these fees over 90,000 artists are compensated for the use of their music through royalties.

How does Public Domain and Creative Commons relate to music and sound clips?
Public Domain means that the work is freely available for anyone to use without asking permission or paying royalties. Works get into the public domain for a number of reasons. One example is that the copyright protection has expired. This usually happens 50 years after the creator has died. Other examples of how works get into the public domain include, the work wasn't eligible for copyright permission in the first place or because the creator of the work has clearly specified the work can be used without permission. This applies to written music as well. []

Creative Commons is a non-profit organization committed to expanding the range of creative work available for sharing and developing. For more information on Creative Commons, please check out this, creative commons wiki



Current and Historical Issues in Music and Sound Clip Copyright?
The copyright on any music or sound clip wears off after 50 years. With the advent of the internet and all its facets like facebook and you-tube the rules need to be changed. You-tube, which plays many music clips, is often criticized for failing to ensure that its videos respect the law of [|copyright]. At the time of uploading a video, YouTube users are always shown a screen with the following message: //"Do not upload any TV shows, music videos, music concerts or commercials without permission unless they consist entirely of content you created yourself. The Copyright Tips page and the Community Guidelines can help you determine whether your video infringes someone else's copyright."[|[]//

If you upload your own creative works such as photos, videos, and music on Facebook you are granting Facebook the use of those creative works royalty free.
 * 1) // For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your [|privacy] and [|application settings]: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. //

Case Studies and Examples of how music and sound clips can/ can't be used by instructors
Generally instructors are allowed to play a radio or tv program to your class, but they can not play music videos in class without permission from the artist. Playing music from composers that have been created longer then 50 years ago is again permissible. Teachers can play or show sound recordings in class when the following conditions are adhered to: Now, let's have a look at some case examples.
 * The viewing/hearing has to take place in the premises of an educational institution
 * must be for educational or training purposes
 * must not be for profit

Conclusions
The purpose to copyright is to protect artists and producers. It is not to restrict the consumer, but rather provide guidelines. This wiki has helped us understand some do's and do not's and we hope it does the same for you.

[|http://www.media-awareness.ca] (extracted October 20, 2009) Provincial Instructor Diploma Program 3103 Instructional Media, Vancouver Community College (May 2009) A Guide for Canada's Universities and Colleges to copyright, fair dealings and collective licensing (May 2006) Facebook (extracted November 14, 2009) [|[[http://www.facebook.com/index.php?lh=9fc2c00e792bdabb358f4fbe63082190&]]] Society of Authors,Composers and Music Publishers of Canada [] (extracted October 20, 2009)