Technology
Simmons College Copyright
Important Links
Audio / Music Copyright Scenarios
Scenario:
A professor would like to have an analog cassette tape of music that she has purchased, converted to a CD, in order to play in her classroom for discussion and analysis.
Response:
If the analog cassette tape is available for purchase as a CD, the professor should purchase the CD. If the tape is not available in CD format, the professor should consider whether fair use applies to the format conversion. The professor can enhance her fair use argument by demonstrating why the format conversion is needed for educational purposes, and by converting only the amount of music necessary for the classroom discussion. Note that the professor can play the music in the classroom without fear of copyright infringement, as allowed by Section 110(1) of the Copyright Act.
Scenario:
A professor would like to have copies made of a language CD in order to have more than one copy available to students in the Media Listening & Viewing Room.
Response:
Fair use most likely would not apply to the reproduction of language CDs specifically designed and marketed for use by educational institutions. The fourth factor of the fair use test (effect of the use on the market) would weigh heavily against fair use. If the language CDs were designed for the educational market, then the professor should purchase additional language CD to meet the students' needs.
Scenario:
A professor has students create a DigitalStory assignment. Students insert music into their DigitalStory.
Response:
The professor should consider discussing copyright issues with the students, providing them with a link to or copy of the Simmons College Copyright Policy, and encouraging them to use music available through Creative Commons and other open source licenses. In no event should students use music obtained illegally through peer-to-peer file sharing programs.
Scenario:
A professor would like to have a language tape converted to mp3 files in order to upload into her eLearning course.
Response:
Fair use most likely would not apply to the conversion and electronic distribution of language tapes specifically designed and marketed for use by educational institutions. The fourth factor of the fair use test (effect of the use on the market) would weigh heavily against fair use. The professor should purchase the language tape in electronic format if available or seek permission.
Scenario:
A professor assigns students a project where students bring in a piece of music to critique in class. He would now like to upload these music clips to his eLearning course.
Response:
The professor should consider posting links to legally available copies of the music (on iTunes or otherwise). If this is not possible, the professor should consider whether all of the requirements of the TEACH Act apply. Note that the TEACH Act requires materials to be posted on course websites in streaming media or other non-downloadable formats. If the TEACH Act does not apply, the professor should consider whether fair use applies to this use of the music clips. The professor could enhance his fair use argument by ensuring that written critiques of the music clips accompany the music clips as they appear on the eLearning course.
Scenario:
A professor assigns students a class blog. Some of the students have uploaded music to the blog as part of their assignment.
Response:
The professor should consider discussing copyright issues with the students, providing them with a link to or copy of the Simmons College Copyright Policy, and encouraging them to use music legally available through Creative Commons and other open source licenses. Students should be notified that the Recording Industry Association of America has filed lawsuits against students for distributing music without permission.