exist in tangible forms of music, such as recorded music, sheet music
and musical performances. For a discussion of musical performance, see
the discussion of performances below. The purchase of a tangible form
of music, such as a compact disc, does not provide the purchaser with
rights to reproduce the work or to use the work in another medium, such
as on a web site. MCCCD prohibits the use of its resources to electronically
copy or "share" copyrighted music over the Internet.
What is commonly
thought of as a single, musical work - for example, a song on a CD - actually
contains three separate copyrightable works: the sound recording, musical
score and lyrics. You must clear rights to each copyrightable work before
of music, however, may constitute fair use. The following Congressional
Guidelines, which are reprinted here, state only the minimum standards
for fair use. However, other uses may constitute fair use and reference
should only be made to the detailed discussion in the fair use section
of the Policy.
for Educational Uses of Music
copying to replace purchased copies which, for any reason, are not
available for an imminent performance, provided purchased replacement
copies shall be substituted in due course.
academic purposes other than performance, single or multiple copies
of excerpts of works may be made, provided that the excerpts do not
comprise a part of the whole which would constitute a performable
unit such as a section, movement or aria, but in no case more than
10 percent of the whole work. The number of copies shall not exceed
one copy per pupil.
copies which have been purchased may be edited or simplified provided
that the fundamental character of the work is not distorted or the
lyrics, if any, altered or lyrics added if none exist.
- A single
copy of recordings of performances by students may be made for evaluation
or rehearsal purposes and may be retained by the educational institution
or individual teacher.
- A single
copy of a sound recording (such as a tape, disc, or cassette) of copyrighted
music may be made from sound recordings owned by an educational institution
or an individual teacher for the purpose of constructing aural exercises
or examinations and may be retained by the educational institution
or individual teacher. (This pertains only to the copyright of the
music itself and not to any copyright which may exist in the sound
to create or replace or substitute for anthologies, compilations or
of or from works intended to be "consumable" in the course
of study or of teaching such as workbooks, exercises, standardized
tests and answer sheets and like material.
for the purpose of performance, except as in A(1) above.
for the purpose of substituting for the purchase of music, except
as in A(1) and A(2) above.
without inclusion of the copyright notice which appears on the printed
purchased or rented videos and DVDs, may not be copied or altered without
the copyright owner's permission. At the time of purchase or rental, the
copyright owner may specify the types of authorized uses. In most cases,
purchased or rented films may not be shown outside of the home, as evidenced
by labeling on the films and/or warnings displayed prior to the film.
law, however, allows educational use of a film in the course of "face-to-face"
instruction, provided that the copy of the film used was lawfully made.
Specifically, the Copyright Act states:
are not infringements of copyright:
or display of a work by instructors or pupils in the course of face-to-face
teaching activities of a nonprofit educational institution, in a classroom
or similar place devoted to instruction, unless, in the case of a motion
picture or other audiovisual work, the performance, or the display of
individual images is given by means of a copy that was not lawfully
made under this title and that the person responsible for the performance
knew or had reason to believe was not lawfully made.
17 U.S.C. § 110
broadcast of cable or television programming in an educational setting
does not violate copyright law. However, rebroadcasts of programming in
an educational setting must comply with the fair use doctrine. The following
Congressional Guidelines provide guidance for the use of television programming
for educational purposes and should be followed by faculty and students
for Off-Air Recordings of Broadcast Programming for Educational Purposes
1979, Congressman Robert Kastenmeier, Chairman of the House Subcommittee
on Courts, Civil Liberties and Administration of Justice, appointed
a Negotiating Committee consisting of representatives of educational
organizations, copyright proprietors, and creative guilds and unions.
The following guidelines reflect the Negotiating Committee's consensus
as to the application of "fair use" to the recording, retention,
and use of television broadcast programs for educational purposes. They
specify periods of retention and use of such off-air recordings in classrooms
and similar places devoted to instruction and for homebound instruction.
The purpose of establishing these guidelines is to provide standards
for both owners and users of copyrighted television programs.
guidelines were developed to apply only to off-air recording by nonprofit
- A broadcast
program may be recorded off-air simultaneously with broadcast transmission
(including simultaneous cable retransmission) and retained by a nonprofit
educational institution for a period not to exceed the first forty-five
(45) consecutive calendar days after date of recording. Upon conclusion
of such retention period, all off-air recordings must be erased or
destroyed immediately. "Broadcast programs" are television
programs transmitted by television stations for reception by the general
public without charge.
recordings may be used once by individual teachers in the course of
relevant teaching activities, and repeated once only when instructional
reinforcement is necessary, in classrooms and similar places devoted
to instruction within a single building, cluster, or campus, as well
as in the homes of students receiving formalized home instruction,
during the first ten (10) consecutive school days in the forty-five
(45) calendar day retention period. "School days" are school
session days-not counting weekends, holidays, vacations, examination
periods, and other scheduled interruptions-within the forty-five (45)
calendar day retention period.
recordings may be made only at the request of and used by individual
teachers, and may not be regularly recorded in anticipation of requests.
No broadcast program may be recorded off-air more than once at the
request of the same teacher, regardless of the number of times the
program may be broadcast.
- A limited
number of copies may be reproduced from each off-air recording to
meet the legitimate needs of teachers under these guidelines. Each
such additional copy shall be subject to all provisions governing
the original recording.
the first ten (10) consecutive schools days, off-air recordings may
be used up to the end of the forty-five (45) calendar day retention
period only for teacher evaluation purposes. i.e., to determine whether
or not to include the broadcast program in the teaching curriculum,
and may not be used in the recording institution for student exhibition
or any other non-evaluation purpose without authorization.
recordings need not be used in their entirety, but the recorded programs
may not be altered from their original content. Off-air recordings
may not be physically or electronically combined or merged to constitute
teaching anthologies or compilations.
copies of off-air recordings must include the copyright notice on
the broadcast program as recorded.
institutions are expected to establish appropriate control procedures
to maintain the integrity of these guidelines.
performance or display by faculty or students of dramatic works, such
as plays and musicals, and non-dramatic works, such as musical compositions,
does not constitute copyright infringement if the performance:
as part of face-to-face teaching activities; and
place in the "classroom or similar place devoted to instruction."
17 U.S.C. § 110(1).
In the case
of an audiovisual work, in addition to the two criteria above, the display
or performance must be given by means of a copy that was lawfully made.
of copyrighted works outside of the classroom may result in copyright
of copyrighted works, such as music, dramatic literary works, and non-dramatic
literary work at a college should be considered public performances under
the Copyright Act and you should seek permission if the work being performed
literary or musical work may also be performed without infringement if:
- the performance
is not broadcast to the public
is no admission charge for the performance
- the performers,
promoters and organizers are not compensated
- the proceeds,
after deducting the reasonable costs of production, are used for educational,
religious, or charitable purposes; and
- the copyright
owner does not object in writing within seven days of the performance.
17 U.S.C. §110(4).
non-dramatic literary and musical works may be transmitted to classrooms
or to those with disabilities who are unable to be present in the classroom
so long as the transmission is:
regular part of the systematic instructional activities" of the
educational institution; and
- the "performance
or display is directly related and of material assistance to the teaching
content of the transmission."
17 U.S.C. §110(2)
of artwork involves not only works of fine art such as paintings, sculptures
and photographs, but also graphics, book illustrations, animation, comic
strips and even clip art. The Internet has made accessing art much easier,
but do not assume that just because something is easy to copy that it
is legal to copy.
It is important
to know that reproductions of works of art (e.g. a photograph of a painting)
can also be protected by copyright - though only the original elements
the reproduction adds, such as angle, lighting, etc. are protectible.
If you are copying a reproduction of the original work, you may need to
clear rights for both the original and the reproduction.
of Fine Art
that just because a work is old does not mean the work is no longer copyrighted.
The owners of works of fine art will often require you to follow strict
copying guidelines to ensure the artistic qualities of the work and may
require you to purchase and use their copy of the work on CD-ROM or other
medium, which they will often require you to return. Modifications may
be prohibited. It is also important to remember the copyright owner has
the exclusive right to create derivative works. If you use a copyrighted
work to create a new, or derivative work (such as a photograph of a painting),
you may be infringing the owner's copyrights.
owners often require you to include a credit line, not only providing
the copyright notice and information about the artist, but also including
information about where the original work is held (e.g. the name of a
museum). Further, the owner is also likely to be particularly interested
in your intended use. They are much more likely to agree to educational
uses than commercial uses and will likely carefully guard against the
work being reproduced on merchandise such as posters, greeting cards and
coffee mugs without first entering an express written license.
Act also grants artists of qualifying works of fine art special "moral"
rights of integrity and attribution and in some cases, rights against
destruction of the work if it is of recognized stature.
in books and magazines are typically separately created and copyrighted.
Do not assume that because the text of a book is in the public domain,
the illustrations are as well. For example, a Shakespeare play may be
in the public domain, but original illustrations created in 1982 for a
reprint of the play would still have copyright protection.
is an industry term used to designate compilations of artwork and graphics
intended for others to use and copy. Some of the art is in the public
domain. Other pieces are specially created for this purpose and may be
copyrighted. If you are using works from a clip art compilation, be sure
you know what type of work you are using and be careful to read and follow
If you are
obtaining "free" clip art off of the Internet, be sure to abide
clip art place significant restrictions on the use of those images. For
example, some clip art sites prohibit users from downloading the images,
altering the images, or using them for commercial purposes. Others limit
the number of images a user may download or provide license forms for
or "Copyright and Use Information" pages on the site you are
visiting and review those terms before using the site's clip art.
art contain images of identifiable people? If so, you must also determine
whether you must get permission from the people appearing in the image.
Every person has a right of publicity - the right to control the commercial
exploitation of their image. A person's image can include their physical
appearance, their voice or even a character they have portrayed in the
media. Sometimes a copyright owner may grant you the right to reproduce
an image, but expressly state that you must separately clear rights of
publicity with anyone pictured.