Guidelines for Educational Uses of Music
The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of HR 2223. 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 stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.
A. Permissible uses
1. Emergency copying allows copies to be made to replace purchased copies which are not available for an imminent performance. However, one must purchase replacement copies within due course.
2. Copying for academic purposes (other than performances)
a. Single or multiple copies of an excerpt of a work may be made as long as the excerpts do not comprise part of the whole which would constitute a
performable unit such as a section, movement or aria. However, one may never copy more than 10% of the whole work. Also, only one copy per student is allowed.
b. Exception: a single copy of an entire performable unit, i.e., a section, movement, or aria, may be made if.
1.one has confirmation from the copyright proprietor that the unit is out of print; or
2. the unit is unavailable except in a larger work. This copy may be made by or for a teacher for the purpose of (1) scholarly research, or (b) in preparation to teach a class.
3. Copying purchased materials.
Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not (a) distorted, or (b) the lyrics, if any, are not distorted, and (c) no lyrics are added.
4. Recordings of student performances
A single copy of a student's performance may be made for evaluation and rehearsal purposes. This copy may be retained by the educational institution or the individual teacher.
5. Copying sound records
A single copy of a sound recording, i.e., a tape, disc, record or cassette, may be made from the originals which are owned by the educational institution or the teacher for the purpose of constructing aural exercises or examinations and may be retained by the institution or the individual teacher.
B. Prohibited uses
1. Copies may not be made to create, replace, or substitute for anthologies, compilations or collective works.
2. Copies may not be made of workbooks, exercises, standardized tests or answer sheets which are published for such use in the course of study.
3. Copies for use in performances may not be made with the exception of emergency copying as outlined above.
4. Copies may not be made to substitute actual purchase of the music with the exception of emergency copying for academic purposes as outlined above.
5. Copies may not be made without including the copyright notice which appears on the printed copy.