Hi Randy, Pam and all,
Ahh -- the old "fair use" plea.?? Sadly I don't think it's as much of a "get-out-of-jail-free card" as we'd al like it to be.?? This topic has come up several times before (search the archive) and alas there isn't any clear answer.?
I'm copying below a question and my response to a enquiry from last year.?
----------------------
Someone wrote:
Hell,
I'm sure that this subject has been covered before, but I'm not having much
luck finding info in the list archives. We are working on a music exhibit, and
would like to include some music clips. Regarding copyright and fair use, how
do we know when it is necessary to ask someone for permission to use a clip,
and how do we know who to ask? (I've already been on the ASCAP website
and didn't find any info that was helpful.) I don't want to spend hours trying
to figure this out if someone can explain it to me off the top of their head or
can provide me with a really great resource for info!
----------------------
I responded:
?
I am no expert, but I have researched this also.? ASCAP licenses music to be played at various public performances -- not that could include offices, stores, music on hold, elevators, and even museums!?? . . . Sure enough, among the various licenses listed on their website (http://www.ascap.com/licensing/types.html#ijlm) is one for "Museums" . . .
Now here's where I put the disclaimer, I am not a lawyer -- but . . . According to a PDF file on the ASCAP website the are exemptions to the copyright law.?? This include, "The law provides a few strictly limited exemptions for performances in the course of worship services and performances in the course of face-to-face teaching activities of a nonprofit educational institution. Purely nonprofit performances may be exempt if (1) there is no direct or indirect commercial purpose; and (2) there is no payment to the performers, promoters or organizers; and (3) there is no admission charge, or if there is a charge, all proceeds after deduction of costs are used exclusively for educational, religious or charitable purposes."
Soo, my take, if you're using music to teach, and you're a nonprofit, it is considered "fair use" and you're exempt.? But then again its not that easy as the "Free Advice" website explains:
http://law.freeadvice.com/intellectual_property/copyright_law/fair_use_copyright.htm
"Fair use is a complex concept which requires a balancing of factors as set forth by the Supreme Court.
?These factors include:
(1) the purpose and character of the use, including whether the use is of commercial or nonprofit nature and whether the use is "transformative";
(2) the nature of the copyrighted work (to what extent it merits copyright protection);
(3) the amount and substantiality of the portion used in relation to the work as a whole (how much and how important the part used is when compared to the original work); and
(4) the effect of the use upon the potential market for or value of the original work.
Whether or not something is "fair use" is rarely a clear yes or no question. It requires review of case law and the above factors by an experienced attorney who can assess the level of risk involved in the proposed use."
?- - - - - - - - -
Again, I'm no expert, but I seem to recall hearing that anything less than 30 seconds was "exempt" under provision #3, hence why the clips on the iTunes music site are all 29 seconds long.
The Registrar's Committee of the Am Assoc. of Museum? has some great online articles about copyright on their website --
http://www.panix.com/~squigle/rarin/4onlinearticles.html
and links to other copyright information sites --
http://www.panix.com/~squigle/rarin/2refsites.html
I know its not the quick answer you were looking for, but I hope this has been of some help.
- David -
David Lewis, curator
Aurora Regional Fire Museum
www.AuroraRegionalFireMuseum.org
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