[net-gold] MUSIC : COPYRIGHT : INTELLECTUAL PROPERTY : PUBLIC DOMAIN: Washington State University. University Publishing. Music and Copyright
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
- To: Net-Gold -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Net-Gold <NetGold_general@xxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Health Lists -- Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx
- Date: Wed, 2 May 2012 19:08:44 -0400 (EDT)
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MUSIC :
COPYRIGHT :
INTELLECTUAL PROPERTY :
PUBLIC DOMAIN:
Washington State University.
University Publishing.
Music and Copyright
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Washington State University.
University Publishing.
Music and Copyright
http://publishing.wsu.edu/copyright/music.html
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Website Contents:
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Playing Music for Personal Enjoyment
Playing Music in Public
Music in Education
Music Composition
Music Plagiarism and Fair Use
Music Sampling
Music that Can be Used in Education Without Permission or License
Other Sources for Music and Copyright Related Information
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Content Sample:
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Music in Education.
The Music Licensing rules also generally apply to using music in the
classroom. There's no question that performing music in class is a public
performance. However, music in the class room may have an exemption from
licensing in three ways. If music is played on a special website as part
of distance education and otherwise complies with all prerequisites under
the TEACH Act, then it will be exempt from the requirement of getting
permission or paying licensing fees. If music is played live in class for
the purpose of education or research, it may be exempt from permission and
license fees as fair use. A majority of the four factors of fair use would
have to favor fair use so music may have to be edited so that entire songs
are not played. If music selection is not important, you may simply bring
a radio to class and tune in your university's radio station. You should
first determine if your university's radio broadcast license allows public
performance of the broadcast in a classroom. See Getting Permission. You
can also use without permission any music with expired copyrights or music
that has been donated to the Public Domain. See Public Domain and Public
Domain Resources.
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snip
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Music Plagiarism and Fair Use. Composing a song that is substantially
similar to another song you have heard and representing to others that it
is your original work is considered plagiarism. It can also be copyright
infringement. The motive in documented music plagiarism can range from the
subconsciously innocent to the callous indifferent to the notoriously
defiant. At the least offensive end of the spectrum, most notably in
George Harrison's "My Sweet Lord," plagiarism is claimed to be innocent or
committed in the subconscious. In other words, Harrison swears he thought
his song was an original song. At the other end of the spectrum, you have
the defiant song plundering and ridiculing by rap group 2 Live Crew. They
wanted to make fun at the expense of Roy Oribison's "Pretty Woman." They
asked for permission to use the song and despite permission being refused,
they published a somewhat obscene "parody" of the song and exploited it
commercially in a nationally distributed album. Copyright law applies to
these matters in curious ways because George Harrison lost his copyright
infringement case while 2 Live Crew won theirs. But 2 Live Crew's version
of another song is not considered plagiarism. They never represented that
they wrote the original song. The research and study of music plagiarism
may yield the essence of originality in music. For those who wish to take
the journey, embark here:
http://www.ccnmtl.columbia.edu/projects/law/library/entrance.html
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://workface.com/e/daviddillard
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Bushell, R. & Sheldon, P. (eds),
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