Legal exceptions to copyright (other than library or classroom exceptions,
under which the use of the music in the slide show doesn't fall) are
basically determined by "fair use."  Fair use is a case-by-case
determination; the fact that a work is intended for an educational purpose
does not automatically make it eligible for the fair use exception.  When
deciding whether or not your use constitutes fair use, there are four
factors to help you decide... and ALL FOUR factors must be taken into
consideration, not just one or two.

1.  Purpose and character of the use.  The fact that the museum is a
nonprofit educational organization often helps toward the interpretation of
fair use, but NOT in the case of material in a for-sale product.
Furthermore, recent court cases have focused on "transformative use" (i.e.,
whether the copyrighted work is improved upon or incorporated into a new
form of expression), but clearly this is NOT the case with the slide show
music.  From what you've written, I don't believe the slide show music
passes this first test.

2.  Nature of the copyrighted work.  Works that involve more creativity
(like art and music) generally have a higher protection of copyright than
more mundane materials like reference works.

3.  Amount and substantiality of the portion used in relation to the
copyrighted work as a whole.  Generally the greater the amount taken, the
less likely it is that a court will find the use fair.  I can't tell from
your post whether or not the "snippet" taken was substantial, but the court
has also shown that even a small amount taken may be unfair if the material
taken is the "heart" of the work (e.g., the chorus or title of a song).

4.  Effect of the use upon the potential market for or value of the
copyrighted work.  To negate fair use, it only needs to be shown that if the
challenged use should become widespread, it would adversely affect the
potential market for the copyrighted work.  (E.g., if every museum used the
music in the same way as you did in the slide show, would sale of the music
suffer?)

Reviewing these four criteria, it seems to me that the museum does NOT meet
the fair use standard of copyright for using the material, let alone selling
it.  The fact that you're a non-profit has no bearing here, and the fact
that it's unlikely that the music industry will come after you is, to me,
more of an ethical decision for you.  My bottom line is always imagining
that it's MY work someone ELSE is taking to use and imagining how I might
feel.

(Ms) Allyn Lord
Assistant Director
Rogers Historical Museum
322 S. Second St.
Rogers, AR  72756
479/621-1154; fax 479/621-1155
[log in to unmask]
www.rogersarkansas.com/museum


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