For additional information go to the MENC’s
copyright information website.
ATTENTION
MUSIC EDUCATORS:
If you are making recordings be aware that you are legally allowed to make only
one copy for use in the classroom without being required to obtain and pay copyright
license fees. If you plan to duplicate CDs for your students, it is necessary
for you to obtain and pay mechanical license fees to the copyright holder, composer
and arranger of each piece you record.
The copyright owner has the exclusive right to reproduce copyrighted
works on CD, DVD or tape. Music educators who wish to record student
performances and distribute copies of the recording must obtain and
pay the copyright holder for the right to use their music. Once recordings of
musical works have been distributed to the U.S. public, under the authority
of the copyright owner, any other person may obtain a compulsory license to
record the work by complying with certain procedures and by the payment of the
royalty provided in Section 115 of the Law (Current rates are 9.1 cents per
musical piece 5 minutes or less, and 1.75 cents per minute for pieces greater
than 5 minutes.)
What if I am a non-profit
organization or I am selling the CDs at my cost?
Giving the recordings away, being a non-profit organization, not making any
profit on the recording project, or not selling to the general public are not
exceptions to the law. Mechanical Licenses must still be filed and paid.
Who is legally responsible
to pay for the license?
It doesn't matter who pays for the licenses as long as they are paid for. If
they are not paid, then everyone involved in the project could be legally liable:
the school system, the director, the recording company or recording engineer,
and the organization or association who is hosting the concert or festival.
How do I get permission to
record copyrighted musical pieces?
Mechanical licenses are obtained from the publishers. Once the license is obtained,
payments must be sent to the publisher. You can deal directly with the copyright
holders and negotiate a fee per piece, per copy. You can also obtain the mechanical
licenses from the Harry Fox Agency a division of the National Music Publishers'
Association (NMPA). Currently Harry Fox requires one time community music groups
(schools & churches) to purchase a minimum of 500 licenses regardless of
the actual amount of recordings (CDs, tapes, etc.) made. You can also work with
a recording company who obtains the licenses for you.
Penalties for Infringement
The remedies provided by the law to a copyright owner may mean that a music
educator (and his/her institution or association) found making illegal copies,
or otherwise infringing, will face:
- Payment of from $500 to $20,000 (statutory damages) and if
the court finds willfulness, up to $100,000 per copyright infringed.
- If willful infringement for commercial advantage and private
financial gain is proved, criminal fines of up to $250,000 and/or five years'
imprisonment, or both.