Vikki Knight

Intro to Music Technology

Professor Josh Frans
21 February 2016
Copyright Monster Summary
The Copyright Monster and Music Educators: We CAN All Co-Exist is an article written
by Ted Piechocinski that discusses the prevalence of music educators that break the copyright
laws, sometimes without even being aware of it. It delves into the details of the copyright laws,
along with how music educators often break the copyright laws (sometimes without awareness)
and their justifications for doing so.
Dr. Piechocinksi states that there are the most important component of the US Copyright
Act in regards to music is that those who create musical compositions are instantly granted
protection for that work. This includes the power to copy, reproduce, or arrange this work. This is
an exclusive right given only to the composer.
Most educators argue this with the fair use provision, which is one of the most misused
and misunderstood parts of the Copyright Act. The fair use provision serves as an exception to
the exclusive rights of a composer. However, this provision is often exploited. The fair use
provision allows for things that better society as a whole to be used without explicit permission
of the composer. This, however, is only in classroom analytical setting. While teaching and
educational purposes are covered by the fair art provision, there is an abuse of this provision
amongst the music educator community.
Fair use for educational purposes does not give a music educator permission to simply
copy and use copyrighted materials. This includes (but is not limited to) sheet music, CDs, or
videos of performances. These things are allowed to be used for analytical, research, and
theory purposes only. It never applies to performance or performance based rehearsals. It is
also a gross abuse of this provision to copy a file or piece of music simply to avoid buying
another copy; for instance, copying a school performance to give to another teacher to show in
her classroom is illegal, even though this is being done for educational purposes. Simply put,
copying music for the purposes of avoiding buying another copy is illegal.
Permissions is also another abused part of the Copyright Act. A composer has the
authority to say when and by what manner their music can be copied or derived. This includes
different arrangements. Thusly, a music educator could not simply arrange a copy of a song to
get around the copyright laws about not copying or reproducing copyrighted music without the
permission of the composer. At the same time, once music is purchased (legally) you normally
will not have to worry about performance rights. The exception to this rule is staging musicals, in
which you need to contact MTI (Music Theatre International). Purchasing a copy of music does
not give you permission to purchase the parts. This is explained by good music will be used
often and thus the pieces will naturally wear with age. By copying parts, you prevent this from
happening and thus prevent the need to copy new copies in the future.
When it comes to arrangements, there is a line between what music educators are and
are not allowed to do. Parts can be simplified or reassigned to different instruments without
disregarding this law. However, moving an indoor piece to an outdoor piece would often require
significant reworking and arranging. This is not acceptable.
When it comes to the selling or making of CDs, you need to obtain a separate license
called a Mechanical License. This gives you the authorization to record and duplicate
performances onto discs. The good news is once a song has been recorded, there is a
compulsory license that will refuse you from being denied for a mechanical license. However,
the process still needs to be fulfilled.
I understand the importance of copyright laws, and I appreciate all they do to protect
music composers. I see both sides of things, however. I understand why a small town teacher

would not have the money to be able to hand out original copies of music to all his sixth grade
band students. I am on the fence when it comes to this issue.