Instruction

6162.63-AR

 

COPYRIGHTED MATERIALS (MUSIC)

 

A.      Purpose and Scope

To outline the educational use requirements of the Copyright Act, P.L. 94-553, 90 Statute 2591, effective January 1, 1978

B.      General

The guidelines for music copying in public educational institutions shall be as follows:

a.       Permissible Copying:

1)      For performance use:

a)       Emergency replacement of purchased music for an imminent performance, provided necessary requisitions have been submitted for replacement

2)      For non-performance use:

a)       A teacher may make multiple copies of excerpts except that the excerpt cannot be a performable unit (i.e., section, movement or aria) and in no case more than 10% of the entire work (Limit of one per pupil).

b)       Single copies may be made for a teacher's use of an entire performable unit (as above) if the performable unit is confirmed as being out of print by the copyright owner or unavailable except as part of a larger work.

c)       Purchased copies may be edited provided the fundamental character of the work is undistorted or the lyrics unaltered or no new lyrics added.

d)       A single recording of performances by students may be made for evaluation or rehearsal purposes and may be retained by the institution or teacher.

e)       A single copy of a recording may be made for constructing aural exercises or exams and may be retained by the teacher or institution.

2.       Prohibitions:

a.       Copying shall not be used to create or replace anthologies.

b.       There shall be no copying of material designed for classroom or student use specifically (i.e., consumable workbooks/test booklets, etc.).

c.        There shall be no copying for performance or in substitution for the purchase of music, except as expressly set forth above.

d.       Copies must include notice of copyright.

C.      Forms Used and Additional References

None

D.      Procedure

1.       No teacher or other employee may exceed or alter the guidelines set forth above in duplicating copyrighted material. Individuals violating the District's copyright position do so at their own risk and assume all liability.

2.       Should questions arise, copies of the law will be available from the office of the Administrative Assistant.

E.      Reports Required

None

F.       Record Retention

None

G.      Responsible Administrative Unit

Deputy Superintendent - Educational Services

H.      Approved by:

 

Sharon McHolland

9/14/95

James O. Fleming

9/15/95

Responsible Division Head

Date

Superintendent

Date