RE: music and licenses

["Davis, Rick K." <rkDavis@xxxxxxxxxx>]

I should probably elaborate on my previous answer: the blanket licenses will
help, but only insofar as the musical compositions are concerned. My campus'
blanket licenses with BMI et al. cover things like concerts where public
performances of copyrighted musical works are given, or music played by our
radio station, the PA system in the Union, and even our telephone on-hold
music. Even though these last three do involve sound recordings as well as
musical works, there's no issue with these particular uses of sound
recordings, because copyright only grants an exclusive performance right in
sound recordings that are *transmitted digitally.* There's no exclusive right
in the public performance of a sound recording when the performance is given
live or via analog means.

Including recordings in an online course, OTOH, does require digital
transmission, so you have to consider BOTH the musical work copyright and the
sound recording copyright. The former is usually owned by a music publishing
company, with rights administered by performing rights organizations like BMI,
ASCAP, and SESAC; the latter copyright in the recording is often owned by the
record company that produced the recording as a work for hire.

Rick

-----Original Message-----
From: Kathleen List [mailto:klist@xxxxxxxxxxxx]
Sent: Monday, January 23, 2012 1:37 PM
To: 'digital-copyright@xxxxxxxxxxxxxx'
Subject: RE: music and licenses

Yes, your licenses may be for public performances, for example.

Kathleen List
Director of Library Services
Ringling College of Art and Design
2700 N. Tamiami Trail
Sarasota, FL 34234-5895

941.359.7582 Office
941.359.7632 Fax
klist@xxxxxxxxxxxx
www.lib.ringling.edu

-----Original Message-----
From: Davis, Rick K. [mailto:rkDavis@xxxxxxxxxx]
Sent: Monday, January 23, 2012 1:02 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: RE: music and licenses

BMI, ASCAP, and SESAC blanket licenses cover the musical works (i.e.
compositions), but they don't typically cover sound recordings. If you are
digitally transmitting copyrighted sound recordings, I don't think these
blanket licenses will help. Though you still have fair use and TEACH as
possible exemptions to apply...

Rick Davis
Cataloging Librarian/
Copyright Liaison
Albert S. Cook Library
Towson University
8000 York Road
Towson, MD 21252-0001
p: 410-704-2686
f: 410-704-4755



-----Original Message-----
From: Colson, Jeannie [mailto:jcolson@xxxxxxx]
Sent: Monday, January 23, 2012 11:39 AM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: music and licenses

Hello all.



A Contemporary American Music instructor asked me about using music
files within his online course.



We have licenses with BMI, ASCAP, and SESAC.



So....shouldn't we be covered for the use of the music files? If not,
what should I be considering that I'm not thinking of right now?



~~~~~~~~~~~~~~~~~~~~

Jeannie Colson

Campus Copyright Advisor/Dist. Ed. Librarian

Lee College

Baytown, TX 77522

jcolson@xxxxxxx

281-425-6497