Copies of Printed or Recorded Music Guidelines

Includes: Copies of sheet music or music recordings (cassette, disk or digital audio file) made for educational use (primarily in the classroom or other instructional setting).

Option One: Determine if the material is in the public domain or is licensed for open use. If not…
Option Two: Determine if the use qualifies as Fair Use. If not…
Option Three: Get permission to use the material from the copyright holder.

Safe Use

Portion Limitations:

Printed Music

  1. Emergency Performance: All necessary copies may be made to replace purchased copies which for any reason are not available for an imminent performance – as long as replacement copies are purchased as soon as possible.
  2. Non-performance: Single or multiple copies of excerpts of works may be made, as long as those excerpts do not constitute a “performable unit” – e.g. a section, movement or aria. In any case, no more than 10 percent of the whole work may be copied, and only one copy should be made for each student.

Sound Recordings

  1. Student Performances: A single copy may be made for evaluation or rehearsal purposes.
  2. Copyrighted Works: A single copy of a recording (cassette, disc or digital audio file) may be made from sound recordings owned by the institution or a faculty member for the purpose of constructing aural exercises or examinations.

Time Limitations:

Printed Music

  1. Emergency Performance: Copies made for performance purposes should be replaced with purchased copies as soon as reasonably possible.

Sound Recordings

  1. Student Performances: A copy made for evaluation or rehearsal purposes may be retained by the institution or the faculty member.
  2. Copyrighted Works: A copy made for conducting exercises or examinations may be retained by the institution or the faculty member.

Other Limitations:

  • Copies should not be made to replace or substitute for anthologies, compilations or collective works
  • Copies should not be made of “consumable” works (workbooks, standardized tests, etc)
  • Copies should not be made for performance purposes, other than emergency replacements
  • Copies (other than those outlined above) should not be made to substitute for the purchase of music<
  • All copies should include the copyrighted notice that appears on the original

Questionable Use

For possible uses of copyrighted materials that exceed the portion, time and access/distribution limitations outlined above, please do the following:

Dangerous Use

Portion:

Printed Music

  1. Emergency Performance: Making more copies than are necessary to replace missing copies for the purpose of the performance.
  2. Non-performance: Making copies (single or multiple) of entire “performable units” (e.g. section, movement, aria) or entire works.

Sound Recordings

  1. Student Performances: Making multiple copies and/or making one or more copies available for uses other than evaluation or rehearsal.
  2. Copyrighted Works: Making multiple copies of a recording (cassette, disc or digital audio file) and/or making one or more copies available for uses other than constructing exercises and examinations.

Time:

Printed Music

  1. Emergency Performance: Keeping copies made as emergency replacements and reusing them when other copies are readily available for purchase.

Other:

  • Making copies to replace or substitute for anthologies, compilations or collective works
  • Making copies of “consumable” works (workbooks, standardized tests, etc)
  • Making copies for performance purposes, other than emergency replacements
  • Making copies (other than those outlined above) to substitute for the purchase of music
  • Not including a copyright notice on copies made