Legal Question in Education Law in Utah

Music Copyright Law in Schools

Hi,

I run a copy center at a high school. Is it legal to make copies of a piece for the band or orchestra students? Of course, the school owns classroom sets of the pieces they perform, but the class size varies from year to year. Is it o.k. to make copies of a piece if there are a few more trombones or violins or whatnot than when they bought the piece originally? The performing is for educational purposes and admission to concerts is not charged. Does this fall under the copyright fair use clause?

I think I should also mention that I was a band and orchestra student once myself, and the different teachers I've had did the same thing these ones do. It seems like it is quite common.

But, as the copy center person, I just really want to keep the law and know where my boundaries are. If there is a person I should contact, other than you, let me know.

Thanks!


Asked on 10/29/03, 1:25 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Music Copyright Law in Schools

What you are describing is most likely fair use, but the best thing to do is get permission from the publisher. If you get permission, you cannot get in trouble. If you copy a sizeable number (15 or so) of one arrangement, you might be treading outside the lines.

The best approach is to get permission, which the band director should do in writing.

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Answered on 10/29/03, 2:49 pm


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