Question: Are ensembles allowed to film themselves and freely distribute the video to those within the ensemble either “for cost” or at “no cost”?
Permalink to this question http://mustech.wordpress.com/2007/03/19/assignment-3-copyright-and-ethics/
(yotophoto.com)
After reading this question, I actually wasn’t sure of the correct answer. It seems like making and selling copies of a performance that the conductor and students have worked so hard on could be a good idea for a fundrasier. However, after researching into the topic of copyright and duplication, I found that a music educator is not able to engage in this practice without abiding by certain stipulations and regulations.
The MENC site states that a single copy of a videotaped performance can be made to keep on file for reference or review. However, if you would like to make multiple copies and distribute them with or without cost, you must receive permission from the copyright owners for each piece of music. Permission from the children’s parents should also be received before making copies.
Looking into the Bands of America website, I found that obtaining a mechanical license gives you permission to record and duplicate a performance. Most publishers are in connection with the Harry Fox Agency, an organization that filters requests for mechanical licenses. The Harry Fox site states, “If you are manufacturing and distributing copies of a song which you did not write, and you have not already reached an agreement with the song’s publisher, you need to obtain a mechanical license. This is required under U.S. Copyright Law, regardless of whether or not you are selling the copies that you made.”
The big catch though is that the Harry Fox Agency does not typically grant mechanical licenses to groups that are planning on producing less than 500 copies. This is typically what a school music ensemble would be doing. In this case, you must contact the rights holder (publisher) and for permission to use each song. The Band of America site states a helpful admonition:
“Simple rule #3: It does not matter whether or not you will be charging a fee for students or community members to have copies of CDs/DVDs; it is irrelevant; if you want to use something (i.e. music) that is owned by another (i.e. a publisher), ASK FOR PERMISSION.” - Ted Piechocinski, J.D.
Be sure to take the appropriate precautions when dealing with the musical compositions of others or if you are considering making copies of a musical performance. Understanding the artist’s rights will benefit the artist, yourself, and your students.
