Randy,
There may be a distinction in the Fair Use doctrine of US Copyright
law in regards to an educational institution that charges admission -
and especially when there is a seperate ticket for an individual
exhibit in which a copyright protected work is used. There are
functional distinctions between libraries, universities and
classrooms, and museums - so I would be very careful about attempting
to use a copyright protected work before researhing this thoroughly.
After all , I doubt that IMAX films are shown for free in museums and
science centers. PBS is nonprofit and yet they pay for the use of much
of the media they broadcast.
Here is an idea - if you want music in an exhibit why not support
local muscians and ask one of them to provide the music for you and
rmake sure that they receive acknowledgement for it? Maybe even invite
the artist to give an evening show at the museum that will draw folks
there to also see your exhibits? All too often people will look
elsewhere rather than supporting the artist's in their own community.
Cheers!
Dave
David Harvey
Conservator
Los Angeles, CA
On 11/11/07, Randy Little <[log in to unmask]> wrote:
> Download title17 here
> http://www.copyright.gov/title17/
>
> Read starting on the lower part of page 18 sec 107 and sec 108. I
> think you can basically tell BMI to go shove it. Unless of coures
> your musuem is not an educational institution and for profit. I am
> pasting sec 107 sec 108 is long and is about libraries.
>
>
> 18 Copyright Law of the United States
> § 107 · Limitations on exclusive rights: Fair use³⁸
> Notwithstanding the provisions of sections 106 and 106A, the fair use
> of a copy-
> righted work, including such use by reproduction in copies or phonorecords or
> by any other means specified by that section, for purposes such as
> criticism, com-
> ment, news reporting, teaching (including multiple copies for classroom use),
> scholarship, or research, is not an infringement of copyright. In determining
> whether the use made of a work in any particular case is a fair use the factors
> to be considered shall include—
> (1) the purpose and character of the use, including whether such use is of a
> commercial nature or is for nonprofit educational purposes;
> (2) the nature of the copyrighted work;
> (3) the amount and substantiality of the portion used in relation to the copy-
> righted work as a whole; and
> (4) the effect of the use upon the potential market for or value of the copy-
> righted work.
>
> Subject Matter and Scope of Copyright
> The fact that a work is unpublished shall not itself bar a finding of
> fair use if
> such finding is made upon consideration of all the above factors.
> § 108
>
> On Nov 11, 2007 9:27 AM, Pamela Silvestri <[log in to unmask]> wrote:
> >
> >
> >
> > Hi Micki,
> >
> > Besides BMI...I know someone else mentioned ASCAP, and there's also SESAC
> > -are the major music recording licensing, performance rights organizations.
> > Also, it's important to know that even Indie record labels can have a
> > licensing agreement with one of these. You can find the licensing co. name
> > right on your CD and cover.
> >
> > I must mention that a non-profit organization should not have to pay fees!
> > I'm not 100% certain of this and things can change of course. It's been over
> > a decade ago now, but I had the opportunity to meet and talk to.. and I
> > asked the then-President of BMI, Bobby Weinstein (who was also inducted into
> > the Songwriter's Hall of Fame this year) about this. I would ask the BMI
> > field agent to send you their written policy regarding non-profits.
> >
> > I really think the BMI rep is bullying you to pay these fees and recommend
> > that you send BMI proof of your non-profit status. In retail stores, bars,
> > restaurants and other money-making establishments..the music is used for
> > profit making purposes.
> >
> > If a museum gift shop is selling musical recordings other than what's being
> > played in the galleries...as a recording artist and/or songwriter, I'd have
> > a problem with that.
> >
> > Another thing you could do is contact the recording artist and/or songwriter
> > and ask permission (if even as a courtesy) to play the music. Most would
> > probably not have issue with this because they want their music to be heard,
> > and perhaps would feel that people may be encouraged to purchase their music
> > (if even you don't sell it there).
> >
> > Pam
> >
> >
> > In a message dated 11/8/2007 9:45:30 P.M. Eastern Standard Time,
> > [log in to unmask] writes:
> >
> > I would like to hear from other small museums about paying a fee to BMI
> > (Broadcast Music, Inc) for playing a CD as background to an exhibit. I bring
> > CDs in from home, some played as background "mood" for a period room, others
> > in my office to keep me company. BMI claims that because the public has
> > access to both the exhibits and my office, I have to pay them $350 each year
> > to play my CDs. Well, close the door and I'll tell you what I think of that.
> > But in order to get the name of our obscure, remote, rural museum, they must
> > have photocopied the pages of museum directories everywhere, so someone has
> > probably dealt with this issue?
> >
> > Micki Ryan, Director
> > Orcas Island Historical Museum
> > POB 134, Eastsound WA 98245
> > 360 376-4849 [log in to unmask]
> >
> >
> >
> >
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>
> --
> Randy S. Little
> http://reel.rslittle.com
> http://www.linkedin.com/in/rslittle
>
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