Copying Music to lend to pupils Options

[Alicia Ocean]

I thought I understood this. I understood it not to be allowed at all. I don't copy music.

Just now I stumbled upon this - http://www.copyrightservice.co.uk/copyrigh...k_copyright_law

and read...

8. Acts that are allowed
Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:

Private and research study purposes.
Performance, copies or lending for educational purposes.
Criticism and news reporting.
etc

Does that mean we can photocopy things for our pupils to work on? There have been occasions where a pupil has ordered a book and it's a long time coming where I've been sorely tempted to lend them a copy taken from mine.

[maggiemay]

I have never known whether it is actually allowed or not. But your example is the one case where I will give a pupil a photocopy - on the clear understanding that it is temporary.

[cestrian]

I thought I understood this. I understood it not to be allowed at all. I don't copy music.

Just now I stumbled upon this - http://www.copyrightservice.co.uk/copyrigh...k_copyright_law

and read...

8. Acts that are allowed
Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:

Private and research study purposes.
Performance, copies or lending for educational purposes.
Criticism and news reporting.
etc

Does that mean we can photocopy things for our pupils to work on? There have been occasions where a pupil has ordered a book and it's a long time coming where I've been sorely tempted to lend them a copy taken from mine.

Removed for moment of gross stupidity!!!

[baduk]

I don't know if this is any good - i've only copied a very small paragraph. The contents goes on for ever!


CODE OF FAIR PRACTICE ON THE GRAPHIC COPYING OF MUSIC

3. Study and Research: Bona fide students or teachers, whether they are in an educational
establishment or not, may without application to the copyright owner make copies of short excerpts
of musical works provided that they are for study only (not performance). Copying whole
movements or whole works is expressly forbidden under this permission.

Source: http://www.mpaonline.org.uk/?q=content/code-fair-practice

[Alicia Ocean]

I don't know if this is any good - i've only copied a very small paragraph. The contents goes on for ever!


CODE OF FAIR PRACTICE ON THE GRAPHIC COPYING OF MUSIC

3. Study and Research: Bona fide students or teachers, whether they are in an educational
establishment or not, may without application to the copyright owner make copies of short excerpts
of musical works provided that they are for study only (not performance). Copying whole
movements or whole works is expressly forbidden under this permission.

Source: http://www.mpaonline.org.uk/?q=content/code-fair-practice

From your link -

The exceptions allowed under the Act are as follows:

1. Research and Private Study
Fair dealing for the purpose of research or private study is permitted by S.29 (see Appendix A).

2. Class/Music Room
Teachers and students are permitted to copy (by hand) in the course of instruction. A reprographic
process must not be used; this does not include the right of arranging.

3. Examinations
Nothing done for the purpose of an examination (including continuous assessment) infringes copyright,
except that candidates performing a musical work in an examination may not use reprographic copies;
this is also set out in S.32 (see Appendix A).

I'm particularly thinking of my example where the pupil has ordered the book but is still waiting for its arrival and time ticks on when we should be preparing for the exam to be in a position to confidently enter it by the closing date.

In particular I have a candidate who wants to take LCM grade 6 this autumn. I require that my pupils can play all their pieces to a passable standard by the closing date - but the book is a long time coming.

[porilo]

The word 'lending' is key

but it says OR lending

I don't know if this is any good - i've only copied a very small paragraph. The contents goes on for ever!


CODE OF FAIR PRACTICE ON THE GRAPHIC COPYING OF MUSIC

3. Study and Research: Bona fide students or teachers, whether they are in an educational
establishment or not, may without application to the copyright owner make copies of short excerpts
of musical works provided that they are for study only (not performance). Copying whole
movements or whole works is expressly forbidden under this permission.

Source: http://www.mpaonline.org.uk/?q=content/code-fair-practice

From your link -

The exceptions allowed under the Act are as follows:

1. Research and Private Study
Fair dealing for the purpose of research or private study is permitted by S.29 (see Appendix A).

2. Class/Music Room
Teachers and students are permitted to copy (by hand) in the course of instruction. A reprographic
process must not be used; this does not include the right of arranging.

3. Examinations
Nothing done for the purpose of an examination (including continuous assessment) infringes copyright,
except that candidates performing a musical work in an examination may not use reprographic copies;
this is also set out in S.32 (see Appendix A).

I'm particularly thinking of my example where the pupil has ordered the book but is still waiting for its arrival and time ticks on when we should be preparing for the exam to be in a position to confidently enter it by the closing date.

In particular I have a candidate who wants to take LCM grade 6 this autumn. I require that my pupils can play all their pieces to a passable standard by the closing date - but the book is a long time coming.

In that case I am sure it would be fine to make a copy of the music for studying while waiting for the book. After all it's not your fault that the book is a long time coming so what do they expect you to do? Waste valuable time waiting? As soon as you get the book then the copy can easily be destroyed.

[moondad]

I only copy in two circumstances:

1) The student is waiting on an order, or an opportunity to go to the music shop, but needs something to practise from in the meantime.

2) Two family members have shared keyboard lessons, and they need a second copy during those lessons. I don't think it is fair to insist they purchase two copies of everything, just for this purpose.

[Seer_Green]

I'm particularly thinking of my example where the pupil has ordered the book but is still waiting for its arrival and time ticks on when we should be preparing for the exam to be in a position to confidently enter it by the closing date.

In particular I have a candidate who wants to take LCM grade 6 this autumn. I require that my pupils can play all their pieces to a passable standard by the closing date - but the book is a long time coming.

I think that if you can prove you've ordered the book, most publishers would be more than happy for you to make a copy in the meantime. Just drop them a quick message and see.

[dorabella x]

I willingly admit this copying business scares me!

The only time I copy is if the child has the book, we have a photocopy to put fingering etc, so the original book is not defaced. When we are happy that the pupil can play from the original without any prompts or help, I destroy the photocopy.

So, if a child is waiting for a book to arrive, and I already have the book, I can give the child a copy until her copy arrives without any infringements.. have I got this right?

Best wishes

Dorabella x

[flautistphilosoper]

Of course the "association of music publishers" have their own take on this. They are after all safeguarding the financial interests of their shareholders (not musicians). Whether you subscribe to their principles is another matter. Whether it is illegal to do certain things is not in their hands but in the hands of a court of law. And the courts may not be in agreement with their interpretation of the law.

There is a lot of scaremongering around the whole business (and it is business, it has nothing to do with musicians' rights, all to do with the rights of the shareholders of the various multimillion dollar businesses which are publishing houses) of photocopying. In general, until something has been tried in a court of law, and appealed, everything is speculation. Just use common sense. Do you really think that Oxford publishing will sue you because you photocopied a Bach minuet (most probably edited 60 years ago) for a student to try out? Would it really be in their interest?

[saxophile]

I've taken a look at the link in the original post, and it's a gross simplification of the actual legal position. Basically, permitted reprographic copying for educational purposes is limited to 1% of the work in question per quarter - so there is no way it would cover making a copy of a complete piece (since each separate composition is a copyright work in itself). The reference to "lending" is (from my reading of the legislation) a reference to lending of a non-infringing copy.

That said - since the pupil in question has (in the example given) already purchased a copy, I cannot for the life of me see any publisher even wasting the costs of sending you a solicitors' letter over the infringement. You would not have profited in any way by the copy, and the publisher has not lost out on a sale as a result of the temporary copy. So I see no reason to get too anxious over this. (IMG:style_emoticons/default/smile.gif)

[sbhoa]

I willingly admit this copying business scares me!

The only time I copy is if the child has the book, we have a photocopy to put fingering etc, so the original book is not defaced. When we are happy that the pupil can play from the original without any prompts or help, I destroy the photocopy.

So, if a child is waiting for a book to arrive, and I already have the book, I can give the child a copy until her copy arrives without any infringements.. have I got this right?

Best wishes

Dorabella x

I put any necessary marks in pencil in the book as I do with my own music.
Temporary things can be erased while things like useful fingerings are still there for if you go back to play the piece again.
Do many people actually play much without anything written on the score?

[Alicia Ocean]

I love to see fingering penciled into a book - it means it's being used.

[owainsutton]

Are the people who photocopy with abandon deliberately keeping quiet? If so, cough now.

*ahem*

[dolce@piano]

Of course the "association of music publishers" have their own take on this. They are after all safeguarding the financial interests of their shareholders (not musicians). Whether you subscribe to their principles is another matter. Whether it is illegal to do certain things is not in their hands but in the hands of a court of law. And the courts may not be in agreement with their interpretation of the law.

There is a lot of scaremongering around the whole business (and it is business, it has nothing to do with musicians' rights, all to do with the rights of the shareholders of the various multimillion dollar businesses which are publishing houses) of photocopying. In general, until something has been tried in a court of law, and appealed, everything is speculation. Just use common sense. Do you really think that Oxford publishing will sue you because you photocopied a Bach minuet (most probably edited 60 years ago) for a student to try out? Would it really be in their interest?

Well said !

It annoys me to see publishers put little logos that say :
Photocopying music is illegal.

Of course, photocopying music is not, in itself, illegal. It is only illegal if it infringes someone's rights.
And those right are (reasonably) clearly laid out and reasonably limited.

(The publishers could put a little logo saying 'photocopying this particular sheet of music is illegal until 2037' but I guess it's not quite as catchy).

And then you have the practicality issue too . . .

That said, I do not think that the OP can copy a whole piece of music THAT IS STILL COPYRIGHT PROTECTED and claim it is for educational purposes. That clause is for small extracts.

.