MUSIC RESOURCES
Policy:
UF's libraries acquire resources to support research and instruction in various formats in accord with the principles of fair use. Most of this academic community's resources and services for music are provided by the Music Library. Library staff recognize that copyright law defines special conditions for the fair use of music resources.
Practice:
Through publications, reference assistance and instructional efforts, the Music Library staff direct creators and users of music resources to information about special conditions imposed by the copyright law regarding the reproduction of music resources. The Music Education Copyright Center web site, prepared jointly by several music organizations, provides a good overview of basic music copyright information from the perspectives of both music creator and music user. The Copyright Resources Center of the Music Publishers Association is another excellent source of information on copyright issues relating to printed music.
The following guidelines, excerpted from the National Association for Music Education's The United States Copyright Law; A Guide for Music Educators, describe standards of educational fair use of music materials.
Guidelines with Respect to Copyrighted Music Material
The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under section 107 of the 1976 Copyright Act. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are states in Section 107 of the 1976 Copyright Act. There may be instances in which copying that does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.
A. Permissible uses:
1. Emergency 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.
2. For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that the excerpts do no 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% of the whole work. The number of copies shall not exceed one copy per pupil.
3. Printed 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.
4. 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.
5. A single copy of a sound recording (such as a tape, disc or cassette) of copyrighted music may be made from the 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 copyrights of the music itself and not to any copyright that may exist in the sound recording.)
B. Prohibitions:
1. Copying to create or replace or substitute for anthologies, compilations or collective works.
2. Copying of or from works intended to be "consumable" in the course of study or teaching such as workbooks, exercises, standard tests and answer sheets and like material.
3. Copying for the purpose of performance except as in A-1 above.
4. Copying for the purpose of substituting for the purchase of music except as in A-1 and 2 above.
5. Copying without inclusion of the copyright notice which appears on the printed copy.
Source: http://www.menc.org/information/copyright/copyr.html (revised 2003)
According to the Guide's web page, the Guide is not copyrighted and may be reproduced without permission from its authors.
