Digitized Music in online courses

["Marvin, Stephen" <SMarvin@xxxxxxxxx>]

Related to using musical works and the sound recordings for definite
instructional purposes, Fair Use should be applied with your consideration.
This is a consistent topic regarding the conflict between licenses and Fair
Use and I believe Fair Use should trump licenses, particularly for course
instruction.  Be interested in learning other opinions.

Thanks,

Stephen Marvin, MLS
FH Green Library
West Chester University
25 W. Rosedale Ave., Suite 205
West Chester, PA  19383
610-436-1068
Faculty Mentoring Coordinator
Campus Copyright Coordinator
Dictionary of Scientific Principles

From: "Davis, Rick K." <rkDavis@xxxxxxxxxx>
Subject: RE: music and licenses
Message-ID: <2CC3A0D1FC8F804EA41838CB0E7F31BF222D00A8@xxxxxxxxxxxxxxxxxxx>

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

------------------------------

Date: Mon, 23 Jan 2012 18:37:03 +0000
To: "'digital-copyright@xxxxxxxxxxxxxx'"
  <digital-copyright@xxxxxxxxxxxxxx>
From: Kathleen List <klist@xxxxxxxxxxxx>
Subject: RE: music and licenses
Message-ID: <3285925033D6044C85C525EF26F94C886F5FB290@xxxxxxxxxxxxxxxxx>

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

------------------------------

Date: Mon, 23 Jan 2012 14:17:48 -0500
To: Kathleen List <klist@xxxxxxxxxxxx>
From: John Mitchell <john@xxxxxxxxxxxxxxxxxx>
Cc: "digital-copyright@xxxxxxxxxxxxxx"
  <digital-copyright@xxxxxxxxxxxxxx>
Subject: Re: music and licenses
Message-id: <171D4E9A-5EB3-475C-84CF-4AA56FFA60EA@xxxxxxxxxxxxxxxxxx>

Right. There is no exclusive right "to use music files" under the Copyright
Act, so anyone is free to "use music files". To assess what is or is not
covered, consider the use of "the copyrighted work" instead, whether the
musical composition or the sound recording, looking at reproduction,
distribution, derivative works and public performance.

John

On Jan 23, 2012, at 1:37 PM, Kathleen List <klist@xxxxxxxxxxxx> wrote:

> 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
>

------------------------------

Date: Mon, 23 Jan 2012 19:43:07 +0000
To: "digital-copyright@xxxxxxxxxxxxxx"
  <digital-copyright@xxxxxxxxxxxxxx>
From: "Davis, Rick K." <rkDavis@xxxxxxxxxx>
Subject: RE: music and licenses
Message-ID: <2CC3A0D1FC8F804EA41838CB0E7F31BF222D017C@xxxxxxxxxxxxxxxxxxx>

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

------------------------------

End of digital-copyright Digest
***********************************