Tread Lightly: Using Music in your Lesson
Posted by Keith · May 6th, 2008There is nothing I despise more than being dragged down into the legalese of copyright infringement, when all I want is to work and create unimpeded. Unfortunately, we reside in a world surrounded by red tape, and one must tread lightly and with severe caution, lest you find yourself lost amidst a mine field.
Infringement of music rights is something of a hot topic right now, what with peer-to-peer sharing and illegal album downloads at an all-time high (a recent study suggests that 58% of all music obtained in the U.S. is done illegally). Now, the reason we’ve decided to take up the reigns and discuss copyright infringement is because we’ve received several questions, usually about music, of such a nature that indicates many MindBiters are mistaken as to what is allowable regarding the use of other people’s material: How much of a song can I use? Is only popular music under copyright? If a work is really old, is it free to use? Can I record myself playing a “Coldplay” song and be safe from infringement?
Well, I hate to burst everyone’s bubble but essentially ALL MUSIC RECORDINGS ARE COPYRIGHTED, and use of a song, any piece of a song, no matter how long or short, must be cleared by its owners to be in accordance with the law. Yep, it’s lame, but true.
The specifics are lengthy in detail, but basically in 1972, the US Copyright Act officially “published” all sound recordings in existence and added 75 years of protection onto the works from that date. All modern recordings are likewise protected with the same time length, so, in essence, it is not legally safe to use any copyrighted music until the year 2047, when some of these copyrights will start to expire.
This protection holds true for song lyrics and instrumentation as well, so you can’t even record yourself playing a modern song, unless it’s for personal use and will never reach the public sector.
There’s much confusion surrounding music use because of a little something called the Fair Use Act. It’s a convoluted and confusing policy, instigated mainly to protect educational institutions and satirists. Since all MindBites are for profit, it’s just best that you assume your bum is not covered by the Act. So pretty much forget that I even mentioned it.
What you should be aware of is something called Public Domain. This is basically music that, through one way or another, has been designated FREE TO THE PUBLIC and can be distributed at the user’s discretion. Several websites host public domain music, one of our favorites being Archive.org. It’s sometimes difficult to find what you’re looking for, but hey, it’s free after all, so no complaining.
Another option you have is to create your own music. And good news for you tone deaf authors out there, there are several programs available (like Soundtrack for Macs and Fruityloops for PCs) which use pre-made music loops that one can toss around carelessly and end up making something sound pretty good with little effort. It may not be Mozart, but again, it’s better than nothing.
And anything is better than getting yourself tangled in legalities and fines when all you wanted was to share your knowledge with the online community. So do yourself a favor, don’t use copyrighted music in your MindBite. We know the temptation is great, but it’s not worth the risks.
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Tags: copyright, music | Posted in Video Production and Publishing |
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