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Representatives of the Music Publishers' Association
of the United States, Inc., the National Music Publishers'
Association, Inc., the Music Teachers National Association,
the Music Educators National Conference, the National Association
of Schools of Music and Ad Hoc Committee on Copyright Revision
developed the following:
The purpose of the following guidelines is to
state the minimum and not the maximum standards of educational
fair use under Section 107 of H.R. 2223. The parties agree
that the conditions determining the extent of permissible
copying for educational purpose may change in the future;
that certain types of copying permitted under these guidelines
may not be permissible in the future; and conversely that
in the future other types of copying not permitted under these
guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines
is not intended to limit the types of copying permitted under
the standards of fair use under judicial decision and which
are stated in Section 107 of the Copyright Revision Bill.
There may be instances in which copying which does not fall
within the guidelines stated below may nonetheless be permitted
under the criteria of fair use.
I. Permissible Uses
- Emergency copying to replace purchased copies which for
any reason are not available for an imminent performance
provided purchased replacement copies shall be substituted
in due course.
- For academic purposes other than performance, single or
multiple copies of excerpts of works may be made, provided
that the excerpts do not comprise a part of the whole which
would constitute a performable unit such as a section, movement
or aria, but in no case more than (10%) of the whole work.
The number of copies shall not exceed one copy per pupil.
- Printed copies which have been purchased may be edited
or simplified provided that the fundamental character of
the work is not distorted or the lyrics, if any, altered
or lyrics added if none exist.
- A single copy of recordings of performance by students
may be made for evaluation or rehearsal purposes and may
be retained by the educational institution or individual
teacher.
- A single copy of a sound recording (such as a tape, disc
or cassette) of copyrighted music may be made from sound
recordings owned by an educational institution or an individual
teacher for the purpose of constructing aural exercises
or examinations and may be retained by the educational institution
or individual teacher. (This pertains only to the copyright
of the music itself and not to any copyright which may exist
in the sound recording.)
II. Prohibitions
- Copying to create or replace or substitute for anthologies,
compilations or collective
- Copying of or from works intended to be "consumable"
in the course of study or of teaching such as workbooks,
exercises, standardized tests and answer sheets and like
material.
- Copying for the purpose of performance, except as in I.A.
above.
- Copying for the purpose of substituting for type purchase
of music, except as in I.A. and I.B. above.
- Copying without inclusion of the copyright notice which
February 12, 2008
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