Copyright Law, Fair Use, Public Domain, Creative Commons (and you!)

Warning: The opinions expressed herein are not necessarily those of my employer, not necessarily mine, and probably aren't necessary at all... just kidding.  But seriously - do not consider this legal advice, more like guidelines.

Introduction

This post is aimed at simplifying/summarizing the (sometimes subtle) differences between legal use, copying, performance, alternation and distribution for the everyday classroom educator.  It is important to point out that many music publishers are very specific about the parameters with which you may use their product - so always consult the "packaging" for the final say.  This post is specifically aimed at sheet music.  That being said, there are four main categories into which most published sheet music falls: copyrighted, fair use, public domain and creative commons.  How they work and the legal differences are delineated below.

Before diving in, you may consider watching this informative (and cheeky) video on copyright laws in general (Caution, mild language): Copyright Law Explained

Copyright

If something is copyrighted then it is protected as an original authored work by an individual or entity.  The law establishes that unwanted sharing or altering something that you have created is restricted.  Copyright is inherent - it does not need to be legalized, although without proper legalization through the U.S. Patent Office it could be much more difficult to definitely prove legal ownership.  All copyrights will eventually expire given enough time.  The length of time varies based on a variety of rules, but fundamentally most copyrights will extend at minimum to the length of the originator's lifespan.  When a copyright expires, it effectively defaults to public domain.  If there is a question about the validity of a copyright, this Library of Congress website should be able to clarify any issues.

Fair Use

In general, music educators may use copyrighted materials under the fair use clause.  However, there are four specific criteria that the use should qualify for in order for fair use to be implemented.  The criteria are (as taken directly from the clause):

1.) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2.) The nature of the copyrighted work

3.) The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4.) The effect of the use upon the potential market for, or value of, the copyrighted work

Essentially, if the use is wholesome, specific and thoughtfully targeted, for the sake of education and not going to significantly impact the commercial market for the work then it is most likely acceptable use under the fair use clause.  It is important to point out the subjective nature of this clause, as it could be nefariously used in unscrupulous ways -- however, the majority of music educators should be expected to be seeking use for targeted, meaningful educational growth, and therefore should not use in fear of retribution.

Public Domain

Public domain is essentially where copyrights go to die.  (The copyrights die, not  the materials that are copyrighted).  It is a place where works can be used freely and without permission.  Most works that end up in the public domain are defaulted there by time, but some do end up there as a result of non-renewal of copyright, have been deliberately placed there by the original owner, or are simply not copyrightable.  Since something has to be "created/authored" in order to be copyrighted, it is important to distinguish that things like children, dogs, etc. logically do not qualify as "creations" in the same sense that a new piece of music does.  While this may seem a silly example, a cursory search of "ridiculous copyright claims" yields a bountiful collection of bizarre real world suits filed over such claims.  A wonderful collection of public domain sheet music can be found here.

Creative Commons

A relatively recent but simple concept has been Creative Commons.  It is an organization that seeks to simplify the usage requirements of materials that the creators wish to share.  There are six tiers of licenses available, ranging from simple Attribution (you can use/edit/share in any way you please so long as credit is given to the original creator) to Attribution-NonCommercial-NoDerivs (you may download the work, unaltered and non-commercially, and share as long as credit is given to the originator).  The principle behind the group is to facilitate best practice among numerous professions/hobbies in order to establish a better community for sharing creations.

Conclusion

It is critical as music educators that we both follow copyright laws and set good precedent for our students regarding copyrights.  That said, it is also critical that music educators be able to access the wide plethora of resources without overarching fear of repercussions as a result of legal missteps.  Hopefully this post clarifies a bit between the difference legal tiers available for accessing materials.  Please feel free to comment if you enjoyed this or if you find erroneous or misleading content!