Spin This Carrie on Copyright
There’s no such thing as a free public performance
By Carrie Russell -- School Library Journal, 6/1/2007
Our school is planning a dance to raise money for student clubs. Rather than hiring a DJ, the PTO suggested that we could save money by simply having students play their own CDs. Would that violate copyright law?
By the way, when I asked the Virginia Educational Media Association’s online group about this, some members pointed out that the CDs would need to be screened for content and language. Other than that, nobody was really sure what to do. —Clover C. Taylor, librarian Western Albemarle High School, Crozet, VA
A dance is a “public performance,” and playing CDs at it is one of the exclusive rights of the copyright holder. While many performances are excused under Section 110, playing commercial CDs—even if you did not charge admission—would be infringing.If you want to proceed with your plan, you’ll need to get permission from the recording industry clearinghouses, such as ASCAP and BMI, for each song you intend to play and pay a licensing fee.
All in all, it may be a lot easier to just hire a DJ. Then the DJ (whom I’m assuming has an appropriate license from ASCAP and/or BMI) could bring his own music and “spin records” without infringing copyright.
Our school owns a copy of the film Glory that was edited for educational purposes by the Pepsi company. We use it because the original version of Glory is R-rated and our district has a strict policy against using R-rated films with middle schoolers.
Unfortunately, our copy has died. I’ve searched everywhere for a replacement copy, but I can’t find one. Is it OK to make a duplicate of an existing copy for educational purposes?—Christy DeMeyer, librarian Oberon Middle School, Arvada, CO
You can make up to three copies of the movie as “replacement copies” described in Section 108 (reproductions by libraries). If you have a copy that is damaged, lost, or deteriorating, and you can’t find a replacement to purchase after a diligent search, you may make a copy.A number of our students require books on tape as part of their individualized education plans (IEPs). While I do my best to obtain copies of the required titles, many special needs teachers feel it’s OK to make their own copies of the books, since we’re legally required to have them on hand.
Isn’t it illegal to make a copy of an entire book?—Angela Boccuzzi-Reichert, SLMS Merton Williams Middle School, Hilton, NY
It’s true that, in general, making a copy of an entire work is an infringement. In this situation, however, there’s a good argument that this copying is fair. The fact that students require these tapes as part of their IEPs and these requirements are state-mandated doesn’t override the copyright law, but it’s a compelling argument.Let’s look at the four factors of fair use to determine if the use is fair. Factor one: the use is nonprofit and educational and for students with special needs. Factor two: the nature of the work is a published audiotape, a title that is required as part of the IEP. Using another work, instead of the specified one, is not an option because of the IEP.
Factor three: the amount used will be the entire tape, which can generally be a problem. But in order to meet the teaching goal, students need to have access to the entire work. Factor four: the effect on the work’s market is nil, since the required titles are not available for sale.
As long as you have done a diligent search to locate and purchase the audiotapes, go ahead and make the tapes.
If the same books are required next year, I would search again for the tapes because they may have become available. I would also label each tape with a copyright warning statement like, “Further reproduction or distribution of this work may be a violation of copyright” as a reminder to the students.
| Author Information |
| Carrie Russell is the American Library Association’s copyright specialist. She will answer selected questions from readers. Send questions to slj@reedbusiness.com, with “copyright” in the subject line. Be sure to include your title and the name of your school or public library. Note: Carrie’s comments are not to be considered legal advice. |
