Copyright: Audio Use

WHAT CAN YOU DO? WHAT CAN’T YOU DO?

Origin

 Growth of the printing press

 Licensing Act of 1662 (England)
 Method of Censorship
 Lapsed in 1695
 Statute of Anne (England, 1710)
 Author Ownership
 Fixed-Term Protection (14 years and renewal)
 Works must be assigned to a publisher to be paid
History in the United States

 United States Constitution (1787)

 Government to award creators exclusive rights
 Copyright Act of 1790
 Authors’ right to Print, Re-print, and Publish
 14 years + 14 year Renewal
 Extensions of Protections
 1831 – 28 years + 14 year extension
 1909 – All authored works; 28 years + 28 year extension
 1976 – Life + 70 years
Protections

 Provides creators exclusive rights to:

 Reproduction
 Preparation of derivative works
 Distribution
 Public performance
 Public display
 Public performance of sound recordings
Fair Use

 Limited use of copyrighted works

 Four Factors
 Purpose and Character of Use
 Nature of the Work
 Amount or Significance of the portion
 Effect on market or value
Guidelines for Teachers: Audio

 Up to 10% of the work

 Maximum of 30 seconds
 Must have an educational purpose
Example #1

After winning their first state championship last year, coach

Jones would like to create a hype video to encourage
excitement and attendance for the upcoming season. After
creating the 60-second highlight video, he browses to
Billboard Top 40 chart to find a popular song to use as the
background music. He finally decides on using ”Hey Look
Ma, I Made It” by Panic! At The Disco as celebratory music
for the video.

Does this count as fair use?

Example #1

NO!
While coach Jones is creating the video for an activity at the
school, he is not using the song for an educational purpose.
Fair use is for education use is written to allow the use of
copyrighted materials to teach concepts, not promote a school
event. In addition to it not being used to teach, it is also being
used to promote an event that is used to make money.
Example #2

Ms. Domonique’s English class is learning about poetry

and rhyming. To be more culturally responsive for her
students, she wants to teach this concept through popular
music. She researches slant rhyme in popular music and
then takes 5-10 second audio snippets of each song to
have the students listen to. Students will then look at the
lyrics to compare what they here with what they see.

Does this count as fair use?

Example #2

Yes!
Ms. Domonique is using the music to directly teach a
concept. In addition, she is also using a limited
portion of the song by only using 5-10 second
segments.
Example #3

Dr. Hernandez teaches ceramics at the elementary school

and has noticed that his students are becoming restless
while they work. After doing some research, he came
across a study that said listening to music while working
can lead to increased relaxation. He decides that, while
his class is working on their projects, he will play
classical music for his students to listen to.

Does this count as fair use?

Example #3

NO!
While most classical music is in the public domain,
the individual recordings from the various orchestras
are not. By playing the music in his classroom, he is
having a public performance of a sound recording, he
is playing the entire recording, and it is not directly
related to his instruction. All of these are copyright
infringement.
References

 Copyright Basics & Fair Use. (n.d.). Retrieved from

http://www.lib.berkeley.edu/scholarly-communication/publishing/copyright/basics
 Copyright Timeline: A History of Copyright in the United States. (n.d.). Retrieved from
https://www.arl.org/copyright-timeline/
 Technology & Learning. (n.d.). Copyright and Fair Use Guidelines for
Teachers [Pamplet].