RE: using recorded music

["Blobaum, Paul" <p-blobaum@xxxxxxxxx>]

I must weigh in.
 
Generally speaking, the educational fair-use provisions apply to non-profit accredited educational institutions in face to face instruction, for students registered in the course.  
 
Playing **portions** of the music might be considered Fair Use, however.  I just got back from a professional meeting, with over 3,000 attendees, where one of the keynote speakers played Arethra Franklin singing the refrain R-E-S-P-E-C-T  in what I thought was a music loop as an audience send off after the end of his address.  I felt it might have been a short portion of the song in order to avoid copyright infringements.  However, using the "core" of a work even though it is short has been found to violate Trademarks, such as using "where's the beef".  
 
Paul Blobaum, University Professor and Health Science Librarian
Governors State university 
University Park IL  

	-----Original Message----- 
	From: Peggy Hoon [mailto:peggy_hoon@xxxxxxxx] 
	Sent: Thu 5/27/2004 11:17 AM 
	To: digital-copyright@xxxxxxxxxxxxxx 
	Cc: 
	Subject: <no subject>
	
	

	Paul,
	
	Generally speaking, based on the information you have given in your email,
	it looks like your use would be within Section 110(4) of the copyright act.
	(Educational use does not in and of itself constitute fair use; your
	contemplated use is a public performance of a copyrighted work so you are
	correct in looking for the copyright exemption that would permit it.)
	
	Section 110(4) reads as follows:
	4)
	
	 performance of a nondramatic literary or musical work  otherwise than in a
	transmission to the public, without any  purpose of direct or indirect
	commercial advantage and without  payment of any fee or other compensation
	for the performance to  any of its performers, promoters, or organizers, if
	-
	
	 (A)
	
	 there is no direct or indirect admission charge; or
	
	 (B)
	
	 the proceeds, after deducting the reasonable costs of  producing the
	performance, are used exclusively for  educational, religious, or charitable
	purposes and not for  private financial gain, except where the copyright
	owner has  served notice of objection to the performance under the
	following conditions;
	
	 (i)
	
	 the notice shall be in writing and signed by the  copyright owner or such
	owner's duly authorized agent; and
	
	 (ii)
	
	 the notice shall be served on the person responsible  for the performance
	at least seven days before the date of  the performance, and shall state the
	reasons for the objection; and
	
	 (iii)
	
	 the notice shall comply, in form, content, and manner  of service, with
	requirements that the Register of Copyrights  shall prescribe by regulation;
	
	Best, Peggy
	--
	Peggy E. Hoon
	Scholarly Communication Librarian
	Special Assistant to the Provost for Copyright Administration
	North Carolina State University Libraries
	Raleigh, NC  27695-7111
	919.513.2045
	919.513.3553 (fax)
	peggy_hoon@xxxxxxxx
	
	> From: digital-copyright-digest-help@xxxxxxxxxxxxxx
	> Date: 26 May 2004 15:00:00 -0000
	> To: digital-copyright@xxxxxxxxxxxxxx
	> Subject: digital-copyright Digest 26 May 2004 15:00:00 -0000 Issue 380
	>
	> digital-copyright Digest 26 May 2004 15:00:00 -0000 Issue 380
	>
	> Topics (messages 832 through 832):
	>
	> music question
	> 832 by: Paul Tremblay
	>
	> Administrivia:
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	> ----------------------------------------------------------------------
	> Date: Wed, 26 May 2004 10:43:25 -0400
	> To: digital-copyright@xxxxxxxxxxxxxx
	> From: "Paul Tremblay" <paul_tremblay@xxxxxxxxxxx>
	> Subject: music question
	> Message-ID: <BAY99-F17TX5V3GykBb000230cd@xxxxxxxxxxx>
	>
	> I do not know if this is the right avenue, but I do have a copyright
	> question for you. We intend to mount an jazz exhibit (books, CD, etc) in
	> October at the library. For the reception, during the official opening, we
	> were planning to play some jazz music (classics only, Armstrong for
	> example). The music would play for a couple of hours. Would there be
	> any copyright problems? We will not duplicate or anything of the kind.
	> Anybody with an opinion/answer/advice, welcome!
	>
	> Sincerely
	>
	> Paul Tremblay
	>
	> _________________________________________________________________
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	--
	Peggy E. Hoon
	Scholarly Communication Librarian
	Special Assistant to the Provost for Copyright Administration
	North Carolina State University Libraries
	Raleigh, NC  27695-7111
	919.513.2045
	919.513.3553 (fax)
	peggy_hoon@xxxxxxxx
	
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