HIT: Music use in video production <long>

["Jacquelyn A. Cohan" <jcohan@PEN.K12.VA.US>]

Here are the responses I received with regard to my questions
regarding the muse of music in a teacher directed video.  THANK
YOU to all of those you responded.  I cannot vouch for the
legality of many of the responses, so use information at your
own risk.  Personally, I plan to obtain a copy of the newest
edition of Carol Simpson's book.  I have found the previous
edition to be an INCREDIBLE resource.  I did check out the web
site containing the new multimedia guidelines and the
guidelines make for very interesting reading!
:-) Lyn
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The just-passed multimedia guidelines say that only 30 seconds
of music
may be used in a piece created by teachers or students. I would
need much
more information to give you anything specific as the
guidelines are VERY
detailed.  I included this information in the new edition of my
copyright
book.

Carol Simpson csimpson@tenet.edu
Facilitator - Library Technology                972-882-7450
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The new fair use guidelines are posted at
http://www.sju.edu/~lees/FU-let-intro.html

Hope this helps.
--
Steve Mitchell
Director of Educational Services
Channels 45/49
E-mail:  mitchell@wneo.org

The Educational Services home page:
http://wneo.org
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We use music from our school band concerts.
Karen Gockley
kgockley@ejhs.k12.vt.us
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I have a variety of sources for production music. The music
purchased for
that use. E-mail me directly if you want names and adresses.
These music
sources are arranged by music type. "Sport and Action", "New
World Beat",
"Country Fresh", "Americana" etc. This is from "Fresh Music
Library". Gene
Michaels has "Forty Something", "Urban Pop I, II,". The Music
Bakery has
many selections as well. These companies will send free "demo"
CDs or
Tapes with "cuts" from their fuller versions. I like CDs that
have
versions of the music in 60 sec, 30 sec, and 5 sec. Mass Media
Production
kids usually have to produce short segment videos and Radio
promo spots.
Kids like to use their "own" music collection but this is a
good time to
start the dialog about copyright. I then show them my
collection of
production music and they usually find something with similar
qualities.
Kim Omaha
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First, I am not a lawyer, nor a copyright expert.  BUt I did
work in video and AV production before entering education.
Overall the level of infringement is is linked to the
extensiveness of use.  Thus if you make a tape in a
production class to show four students how a music bed is
used the folks at BMI or Ascap won't for the most
part come knocking at your door.  But is that tape is
duplicated and shiped out District wide you will have a
problem.  BMI and ASCAP protect royalty holders and it
goes for a good cause.  A friend wrote the lyrics to the
B side of a hit record and didn't have to work for two years
( he wasn't living that well but he got by).  Anyway,
what you said you were doing would arrouse the ire of the royaly
protectors.
        So what is public domain, old stuff out of copyright
protection.  Such as Camptown Races, the Goldberg Variations or
Amazing Grace.  Now while thse songs are in the public domain
the recorded performance of them by Glenn Gould, Al Jolson or
whoever may not be.  This means if you have a student playing
Turkey in the Straw or on of the Brandenberg Concertos its OK.
So what can you use without worry any original piece that not
copywrited such as a students composition or someone playing
a public domain piece.  But if you have money you can pay for
the performance rights to what ever you desire.   So what do
small studios do for music? They buy small
packages of production music.  The packages vary from music you
can play outright and hold rights in your area for the music or you
can get a set of cd and play by the amount you use and how it will
be used.  These are called music drops.  Professional production
music varies in price and quality the cheap stuff will sound like out
takes of a bad seventies commerical jingle the good stuff sound
exciting and up to date.  To find vendors of production music look in
the back of magazines like Videography( which you can get a free sub to)
or AV production magazines.  It could be possible that someone in the
district has a set of production music that you can use.
Tom Zarrilli
-----------------------------------------
Only what is in public domain, which is harder than it sounds.

Even though you could easily find a recording with public
domain music on it, the performance and arrangement of the
music is under copyright.

The problem with the use after the video's creation is the
"throughout the school district" phrase, which constitutes
"public showing."  What the class would have done was to change
the format from CD or audiocassette (or whatever form they
would be recording from) to videocassette, which violates
multiple copyright rules--arranger, performer, producer,
director, publisher, etc., etc., and etc., ad nauseum.

If you don't already have it, I highly recommend Carol Man
Simpson's book, _Copyright for School Librarians_.  Published
by Linworth, the _Technology Connections_ periodical
publisher.  It's worth it's weight in gold to you, as it lays
out all those sticky wickets that teachers are so frequently
putting out for opinions (if you're lucky!  they usually do it
first, then ask questions later), and gives answers in lay
language that even the most diehard teacher must understand.
Do not let yourself become a part of this project.
Anyone connected with the creation of, showing of, lending the
equipment to the showers of, are subject to being sued.  If
your principal insists that you must be a part of it, get a
signed statement to the effect that you are released from
responsibility and were acting under orders, and file that
statement away for very safe keeping.

  The question was asked, Can small
> > portions of music be used under fair use?

Only, only, only in face-to-face, classroom instruction as
an example of "How to ---", if it actually applies to the
lesson plans.

 If so, how much(length of time, amount) can be used?
10% or less.

 They need  They need
> > answers  to these questions before the end of January.
> > If only public domain is allowed, where can such music be
found?
I wish I knew!!  If you get any leads, please post them!

Good luck with this!
--
Jane Trump Hohn, LMS
e-mail: jhohn@pen.k12.va.us
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Hi Jacquelyn.  Your best bet is to go to a local recording
studio and ask them to sell you a "needle drop" which is
advertising lingo for a little bit of background music.
Most studios now have some cataloged music they would be
willing to sell and then you won't have to worry about paying
the royalties for copyrighted music.  Hope this helps.

Susan K. S. Grigsby
gs02skg@panther.gsu.edu

--
Lyn Cohan
Cybrarian and Resourceress
Dearington Elementary School For Innovation
210 Smyth Street
Lynchburg, VA  24501
jcohan@pen.k12.va.us