[LM_NET] Hit: Music Copyright Question

[Mary Alice Hudson <mah@ARTICHOKE.ORG>]

I only received three replies to my copyright question.  The replies follow
a copy of my original post.

 

I have a teacher who uses music throughout the day in her classroom.  Much
of it is part of instruction.  However, some of it is used for student
reward and some of it is just background music.  She wants to know if she is
violating copyright law by using music in these ways.  (The CDs she uses are
legal copies.)  I've read the music chapter in Copyright for Schools, but I
can't get my head around this issue.  My inclination is that playing music
for reward is the same as showing a movie for reward, and therefore is not
okay.  But, I'm just not sure.  And, I have no idea about background music!
I know a business can't legally play background music without licensing.  Is
it the same in a classroom?  

 

This teacher is concerned about doing the right thing and I would like to be
able to help her.  I would appreciate any thoughts or input you could
provide.

 

*********

 

Using music for performance could be analyzed in the same way as you would
evaluate use of a movie. So use for direct teaching (you are teaching the
specific song in a music class) would be very safe. Using music ancillary to
direct content (listening to Renaissance music as part of a discussion of
the environment in which Shakespeare worked) is also probably very safe.
However, just playing music for background ambiance, or for reward, would be
analogous to showing a movie for reward or entertainment.

 

********

 

I'm unsure about the "reward" aspect, but my gut feeling is that playing
background music in an educational setting is legal.  During library school
@ Northern Illinois University in the early '70s, one of my favorite places
to study was in the main library's music room which contained miniature
study scores, records, etc.  It always had classical music playing quietly
with the album on tap displayed so one would know the title if they couldn't
ID it.  My guess is that that must have been legal or it wouldn't have been
permitted, and consequently your teacher friend's playing, at last for
background, is OK.  Good luck.

 

********

 

Upon contact with BMI we found that they do not sell copyright contracts to
schools because they expect schools to use music constantly and in every way
they can.

 

Playing music in the background from legally acquired CD's is perfectly
acceptable.

 

 

Thank you again to those who took the time to reply.

 

Mary Alice Hudson

Media Specialist
Cape Fear Elementary
Rocky Point, NC

mah@artichoke.org


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