I have shared with our music department the jist of our conversations on
the legality of taping student performances and giving or selling it to
community members. I just got the following response from our high
school music department chairperson. I knew a little about mechanical
liscensing etc. But what about the idea of selling tapes to recoup just
the cost of the tape is a new thought. I still wonder though if this is
really "fair use". I don't think what he is saying meets the criteria.
Jacquie- throw this out on your thread. Have people go to
www.harryfox.com/public/hfaPurpose.jsp and research mechanical
licensing. That's what we do to get permission to even perform much of
the music we do in concerts. Mechanical licensing gives you limited
permissions on behalf of the publishers and copyright owners without
going through the trouble of contacting each of them. Usually a small to
nominal fee is required depending on what is desired to be
accomplished.
Also, there's a big difference when making a video of student
performances, if you charge for the "COST" of making the video or if you
are trying to turn a profit. (Making a profit without permission is a
direct violation- covering cost falls under the rules of the mechanical
license)- much like the difference of charging admission or asking for a
donation
Jacquie
"The Librarian, whose job is to heal ignorance, to keep life safe for
poetry and to put knowledge smack dab in the middle of the American
way."
From The Philadelphia Inquirer, 9-20-03
~~~~~~~~~~~~~~~~~~~~~~
Jacquie Henry, MLS
Ruben A. Cirillo High School (GHS)
Gananda Central School District
3195 Wiedrick Road
P.O. Box 609
Macedon, NY 14502
jhenry@gananda.org
http://www.gananda.org/library/mshslibrary/indexgcl.htm
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