University of Hartford Libraries

Copyright for Music Subject Guide


Copyright Basics

Learn About Copyright

Copyright and Your Dissertation or Thesis:
Ownership, Fair Use, and Your Rights and Responsibilities (PDF)

[http://www.proquest.com/assets/literature/services/copyright_dissthesis_ownership.pdf]
Written for graduate students by Kenneth Crews. This is an update of his Copyright Law & Graduate Research. It is listed on ProQuest's page for dissertation Authors.

Copyright in General (from Columbia University)
[http://copyright.columbia.edu/copyright/copyright-in-general/]
Explains fundamental principles of copyright law and answers questions about fair use of existing works, managing your copyrights, negotiating publication agreements, posting materials to Web servers, and more. Includes podcasts.

Copyright -- Music Educators (NafME)
[http://www.nafme.org/my-classroom/copyright/]
Copyright law explanations, licensing resources, performance rights for NAfME Members, FAQs, common issues, links, and teaching students about copyright.
(Includes The United States Copyright Law: A Guide for Music Educators, a classroom guideline created jointly by educators and publishers. Note: this was written for primary and secondary education, not higher education. Also, the guidelines are ONLY guidelines; they are not law.)

Know Your Copy Rights - Resources for Teaching Faculty
[http://www.knowyourcopyrights.org/resources-for-teaching-faculty]
Provides a brochure and FAQ that provide guidance on how copyright applies to faculty.

MLA Copyright for Music Librarians
[http://www.musiclibraryassoc.org/BlankCustom.asp?page=copyright_home]
This site has current issues in copyright that affect music libraries and the musical community; provides information for making decisions about copyright issues and music; and provides reference tools for answering questions about copyright.

Moser on Music Copyright (2006)
By David Moser. Allen Library Stacks [KF3035 M67 M67]
A great starting point for understanding the various aspects of music copyright.

United States Copyright Office at the Library of Congress
[http://www.copyright.gov]
Information about copyright from the source. Includes circulars relating to music copyright.


The Law

Copyright Law of the United States
[http://www.copyright.gov/title17/]
Complete version of the U.S. copyright law and related laws contained in title 17 of the United States Code. Physical copy available in Allen Library Reference at call umber K1419.2 2011.


Fair Use

About Fair Use

What Is Fair Use?
[http://copyright.columbia.edu/copyright/fair-use/what-is-fair-use/]
A good description of the basics of fair use from the Columbia University Libraries/Information Services Copyright Advisory Office.

Thinking Through Fair Use
[https://www.lib.umn.edu/copyright/fairthoughts]
A resource designed to help determine whether a use of copyrighted material falls under fair use.

ARL Code of Best Practices in Fair Use for Academic and Research Libraries
[http://www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf]
Complete text (32 pages) of Code of Best Practices in Fair Use for Academic and Research Libraries issued by the Association of Research Libraries (ARL). The code identifies eight principles representing the library community's current consensus about acceptable practices for the fair use of copyrighted material.

Copyright & Fair Use
[http://fairuse.stanford.edu/]
This webpage contains detailed information on all aspects of copyright as well as many links to other useful sites.

Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions (2012)
By Kenneth Crews. Mortensen Library Reference [KF2995 .C74 2012]
This book covers many areas of copyright law and has a substantial section on Fair Use.

Tales from the Public Domain: Bound by Law?
[http://web.law.duke.edu/cspd/comics/pdf/cspdcomicscreen.pdf]
A fun graphic novel from Duke University's Center for the Study of the Public Domain that discusses copyright issues, with a focus on fair use.


Public Domain

About the Public Domain

About Public Domain
[http://guides.library.illinois.edu/c.php?g=347355&p=2343118]
An introduction to what the public domain is and how to determine if a work is in the public domain.


Determining Public Domain Status

Copyright Term and the Public Domain in the U.S. [Cornell's Chart]
[http://copyright.cornell.edu/resources/publicdomain.cfm]
An in-depth chart explaining the duration of a copyright term based on the type of work, publication status, location of publication, and year of publication.

Catalog of Copyright Entries
The copyright status of a work can be determined using the Catalog of Copyright Entries to find when/if the work was registered or renewed. Records from 1978-present can be found online at http://cocatalog.loc.gov/. Records from 1891-1978 can be found online at http://onlinebooks.library.upenn.edu/cce/. Using these catalogs can be difficult, so feel free to ask a librarian for assistance. The catalogs are currently located behind the circulation desk.

The Copyright Genie
[http://librarycopyright.net/resources/genie/]
This website asks a series of questions about a work in order to help you determine whether or not it is public domain.

Out of Copyright [European Public Domain Calculators]
[http://archive.outofcopyright.eu/calculator.html]
Calculators attempt to "answer the question if a certain work or other subject matter vested with copyright or neighbouring [sic] rights (related rights) has fallen into the public domain in a given European country."


Finding Public Domain Music

Free Media for Creative Use
[http://guides.lib.jmu.edu/c.php?g=322015&p=2152964]
Contains audio, image, and video materials that is available under Creative Commons licenses or in the public domain. (Site created by James Madison University, so one or two links may only be available to JMU users.)

Openly-Licensed Resources for Media Projects
[http://guides.swem.wm.edu/openmedia]
Contains audio, image, and video materials that is available under Creative Commons licenses or in the public domain.[William and Mary university]

Public Domain Information Project
[http://www.pdinfo.com]
Provides information and resources for identifying music in the public domain and includes an alphabetical list of songs in the public domain.

The Public Domain: How To Find & Use Copyright-Free Writings, Music, Art & More (2014)
By Stephen Fishman. Mortensen Library Reference [KF3022 .F575 2014]
Older editions are also in Allen's and Mortensen's stacks.


Copyright Perspectives

Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity
By Lawrence Lessig. Mortensen Library Shelves [KF2979 .L47 2004]

Music and Copyright (2004)
By Simon Frith and Lee Marshall. Allen Library Stacks [K1450 M875]


Court Cases

Locate Copyright-Related Cases

Music Copyright Infringement Resource
[http://mcir.usc.edu/]
Hundreds of documents (texts, scores and audio files) associated with music copyright infringement cases in the United States from 1845 forward. Sponsored by Columbia and USC law school (and formerly UCLA).


Licensing/Permissions

About Licensing/Permissions

Getting Permission: Using & Licensing Copyrighted-Protected Materials Online & Off
By Richard Stim. Allen Library Shelves [KF2995 S85 G47 2016]

Kohn on Music Licensing, 4th edn. (2010)
By Al and Bob Kohn. Allen Library Reference [KF3035 K64 2009]

The Musician's Business and Legal Guide (2008)
Edited by Mark Halloran. Allen Library Stacks [ML3790 H37 M87 2008]


Creative Commons

Creative Commons License
[http://creativecommons.org/]
A Creative Commons license helps you dictate how your intellectual property may be used, and allows others to specify how you may use their content.


Licensing Agencies

Music Performance Licenses
[http://www.brown.edu/Administration/Copyright/music_licenses.html]
Explains what the different licensing and/or performing arts organizations basic music do. These include ASCAP, BMI, and SESAC. Note that this pertains to the performance of copyrighted music, rather than copying or distribution. [From Brown University.]

ASCAP
[http://www.ascap.com/]
ASCAP is one of the two largest performing rights organizations in the US. This website provides information and resources dealing with performing rights and licensing fees.

BMI
[http://bmi.com/]
BMI is one of the two largest performing rights organizations in the US. This website provides information and resources dealing with performing rights and licensing fees.

SESAC
[http://www.sesac.com/Home.aspx]
A smaller performing rights organization, but still representing many big-name musicians.

Sound Exchange
[http://www.soundexchange.com/]
A performing rights organization that manages the rights for streaming audio, including satellite radio, internet radio, and more.

Harry Fox Agency
[http://www.harryfox.com]
The Harry Fox Agency handles mechanical and digital licenses. This should be your starting point if you are looking to secure the rights to produce a recording.


News

Stay Current on Copyright Issues

copyrightlaws.com
[http://www.copyrightlaws.com/]
This site includes regular postings about copyright, licensing, and digital property. It educates readers on both current copyright law and changes in the law.


The web version of this document can be found online at
http://library.hartford.edu/guides/guideprint.asp?subject=Copyright for Music