Kids books on stuttering ages 4-9 - early chapter

[Rebecca Hickey <bukgrl@YAHOO.COM>]

Subject: HIT:  Ballet Copyright
Afternoon All!

The speech therapist in my school has requested my help in locating
books for kids about what it like to have a problem with stuttering.
She would like to be able to read a book to the classes which may have
children who stutter so that they may become more sympathetic. I found
a Mary Marony book that hits the mark. Are there any others?

Thanks,
Rebecca Hickey, LMS
Columbus Family Academy
New Haven, CT
bukgrl@yahoo.com

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I may get a few more responses, but I'm going out of town for a few days.
Here is the information on the ballet copyright that I've received so far:

I suspect the catch may be in the term classroom. If this person charges
for the lessons, or if it is not a school facility, she may be liable to
pay for the use of the music. The education exemption in copyright states
that the classroom must be used regularly for classroom (school)
activities, in a room used for such.

NO, this is not a scam and it is very serious. These companies represent all
the musicians to make sure that they are not losing money by illegal copying
ot people not paying royalties. Somehow these companies found out that the
teacher was using the music without permission or paying. Probably a kid
went home and told mom or dad who happens to be a musician or works for one
of these companies. Using music without paying royalties is the same as
duplicating music without permission. I had a student duplicating music
(which is legal) but he was SELLING the CDs and that was very illegal, based
upon responses I received when I asked the list about this. Doing this can
cost thousands of dollars or also result in being arrested and jailed. I
know teachers who play music all the time in class, so I guess you could say
it is illegal only if someone finds out.
It is sort of like plagiarizing in the music
world.

ASCAP and BMI are both reputable and do represent thousands of artists.
This teacher needs the advice of an attorney if she wishes to challenge
the written request for payment. Most school librarians (and library
school students) are not expert on copyright law and shouldn't give
advice on it, especially after there has been a formal request for
payment.
Please let us know how this turns out.

I'd guess they could be legit. It's my understanding that the Fair Use
(educational) exemption applies only to institutions that offer a *degree*
(i.e., graded classes, graduation). Similar to what keeps day-care centers
from qualifying for Fair Use exemptions. Carol Mann Simpson's book on
copyright (Linworth Pub.) may elaborate on this - I know I've heard her
voice the same clarification on this issue. Good luck.

I would inquire about the one sent from ASCAP as that is NOT a company - it
is the American Society of Composers and Performers. They would have the
straight scoop on what needs to be done to be "legal".


It's not a scam, but the organizations are assuming that the
teacher is using off the rack music. She should consult with an
attorney that is familiar with music licensing. If she's a member of
a professional organization, she should contact them. At the least,
she could send a copy of the license that she is using and could
state that the only music used in the classes is covered by the
license. It's really more complex than it looks and she should get
legal help.

I would guess that the organizations mentioned have simpy gone
through the phone books and sent similar letters to everyone. She
could get in touch with any other ballet teachers and see if they've
been contacted.


First of all, how wonderful that your daughter's ballet teacher
1)recognizes that her music is governed by copyright law and
chooses to consider that fact and 2)that she knew that *you* would
know the answer to her copyright question :-) yea!!
I *think* that she is covered by the print on the CD packaging
that says that she can use the CDs in the classroom. (But what
does she do for recitals?) I am certainly not an expert but do
feel fairly well versed on the copyright question. I would, in
her situation, make a copy of the licensing statement and send
that back to the companies that is bugging her.... but she'd
better watch her back in selecting music for the recital! Please
let me know what others have to say. Thanks!
--

1) Is the ballet school a non profit organization?
2) the performance of the music must only be for the students and teachers
in the class (i.e. no spectators)
3) the performance of the music must be directly related to the lesson at
hand (not just because it is pretty music, or to fill time between
rehearsals)
4) the performance of the music must take place in a classroom or other
instructional place (it could be a gym or rehearsal hall)
5) the performance must be given from a legitimate copy of the work (i.e. it
is a "paid for" copy ― someone bought it. The owner can be the teacher, the
school a student or her parents, borrowed from a library, etc. Not a copy
taped off the radio, or from another's copy etc.)

If the cd specifically says "no license needed for classroom use" then she
need not do anything more FOR THOSE CDs. The license agreement supercedes
the laws.
Generally, a music cd (or a video) may not be used in the classroom
(because that is considered a public performance) UNLESS you meet the "fair
use" exemption. If you are going to use recordings for other than
instruction, then a membership in one or more of the blanket organizations
is a good idea. You might contact each one with a proposed play list, and
see what they say before you decide. If you find that you are looking at
only one or two labels, you may be better off just getting permission
directly from them, rather than a blanket organization.
Copyright is a sticky issue, and we need to plan ahead so that we can
continue to use the great resources available to us. If we just say "its
for school, so its okay" we will likely find ourselves without the
resources to use. We just had a workshop on copyright Thursday, and several
teachers were rather shaken when it was over.

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