Re: question about music

["Bryan M. Carson" <bryan.m.carson@xxxxxxxxx>]

Hi, Claudia,

I believe that you will find the answer in a new document released 
Earlier this year by the Dance Heritage Coalition. This is entitled 
"Statement of Best Practices in Fair Use of Dance-related Materials: 
Recommendations for Librarians, Archivists, Curators, and Other 
Collections Staff," and can be found online at 
http://www.danceheritage.org/fairuse/DHC_fair_use_statement.pdf.

The title page explains the purpose of the document as follows:

This Statement of Best Practices in Fair Use clarifies what librarians, 
archivists, curators, and others working with dance-related materials 
currently regard as a reasonable application of the Copyright Acts fair 
use doctrine, where the use of copyrighted materials is essential to 
significant cultural missions and institutional goals.

The Statement of Best Practices was written by Libby Smigel and Peter 
Jaszi, and has been endorsed by a number of organizations, including:
* Congress on Research in Dance
* Dance Critics Association
* Dance Films Association
* National Dance Education Organization
* Society of Dance History Scholars
* Theatre Library Association

Although I attended a conference session on the best practices last 
spring right after they were released, I'm far from an expert on dance. 
What I can tell you though is that broadcasting the performance on the 
school cable does *not* fall within the education exception to copyright 
in 17 U.S.C. section 110. Section 110(1) deals with face-to-face 
education, so that isn't available if you broadcast. Section 
110(2)--known as the TEACH Act--is only available to students who are 
actually enrolled in the specific class. So this doesn't apply.

I would say that you probably don't have a fair use claim, since you are 
using the entire work of music. But you should read the best practices 
yourself.

Bryan M. Carson

--
Bryan M. Carson, J.D., M.I.L.S., Ed.D.
Special Assistant to the Dean for Grants&  Projects/
Coordinator of Reference&  Instructional Services
Western Kentucky University Libraries
Author, "The Law of Libraries and Archives" (Scarecrow Press)

1906 College Heights Blvd. #11067
Bowling Green, Kentucky  42101-1067
Phone: 270-745-5007; Fax: 270-745-2275
bryan.carson@xxxxxxx

All original content copyright Bryan M. Carson


On 11/8/2010 3:01 PM, claudia holland wrote:
> I have a situation where a student dance performance (choreography,
> dancing&  filmed by students) has been recorded and the college wants to
> show the recording on the university's local cable network, broadcast
> only to the school community. I've asked for a list of the music used,
> but haven't received it yet. Assuming the music is in copyright, I
> suppose the "safest" decision is to secure public performance rights
> from ASCAP, SESAC or BMI, but first I want to be sure I'm not
> overlooking a justification for a claim of fair use. The broadcast is
> for the purpose of entertainment, not scholarship; no money is being
> made; no additional copies are being manufactured; and presumably this
> use would not have an adverse effect on the value of the music. I don't
> believe a mechanical license is required.
>
> Have I answered my own question? Thoughts appreciated, especially
> whatever I've overlooked.
>
> Thanks,
>
> Claudia Holland
>
> [***** removed an attachment of type text/x-vcard which had a name of chollan3.vcf]