Amanda --
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_copyrig
ht.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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