The area of copyright is a rather interesting area of conversation these days. Copyright seems to especially become a touchy subject when referring to ensembles and the music/performance rights they possess to use and distribute footage of their ensembles or performers. I was recently asked this question: Are ensembles allowed to film themselves and freely distribute the video to those within the ensemble either “for cost” or at “no cost”? (this text contains a link to the permanent site of the question and assignment.)
I decided to look information to answer this question up on MENC’s (The National Association for Music Educators) because this question pertains particularly to instructors of music. In the “frequently asked questions” part of the copyright portion of the website, one of the
questions is as follows:
Q: Can our band legally sell videotaped copies of its concerts?
A: A single copy of a videotaped performance of your ensemble can be made to keep on file for reference or review. If you want to make multiple copies and distribute them, either with or without charge, you will need permission of the copyright owners for each piece of music performed on the videotape. You will also need permission from parents to have their children videotaped.
The website for Bands of America goes so far as to term this license a ”synchronization license.” It offers a similiar answer to the questions above stating that you must contact those that have authorization to give you permission to make copies of the video and either sell it or give it away free of charge. This website recommends going to the publisher first.
The solution may seem very simple and it is indeed very simple to call up the publisher (not at all necessarily the composer) and ask for permission. They could very well say yes, yet they also have the complete right to say no. Even after your child or friend has gone through all of the practice of learning a new piece of music, they can legally refuse the right for you to provide video copies of the performance that took place in your school auditorium, performed by your child, who’s teacher bought the score legally and has given the publisher his or her own or the schools money. This really makes no sense to me personally and it is my firm belief that this rule should be promptly changed. The stipulation should be made however, that in giving out video copies of the performance, that those receiving must not be charged for that indeed would infringe upon obvious rights that the publisher has. (You would pretty much be cheating them out of their money.)
The fact that you or your child can perform music that was legally bought, yet have to ask the publisher whether or not you may pass out free copies of the actual performing of the music simply makes no sense whatsoever.
This is another website that contains many rules and regulations of copyright: http://www.mpa.org/copyright_resource_center/