GUIDELINES FOR EDUCATIONAL USES OF MUSIC
The purpose of the following guidelines is to state the minimum
and not the maximum standards of educational fair use
under Section 107 of HR 2223. The parties agree that the
conditions determining the extent of permissible copying for
educational purposes 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
71
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.
A. Permissible Uses
1. 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.
2. (a) For academic purposes other than performance,
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.
(b) For academic purposes other than performance, a
single copy of an entire performable unit (section, movement,
aria, etc.) that is, (1) confirmed by the copyright proprietor
to be out of print or (2) unavailable except in a larger work,
may be made by or for a teacher solely for the purpose of his
or her scholarly research or in preparation to teach a class.
3. 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.
4. A single copy of recordings of performances by students
may be made for evaluation or rehearsal purposes and may
be retained by the educational institution or individual
teacher.
5. 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.)
B. Prohibitions
1. Copying to create or replace or substitute for anthologies,
compilations or collective works.
2. 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.
3. Copying for the purpose of performance, except as in
A (1) above.
4. Copying for the purpose of substituting for the purchase
of music, except as in A(1) and A(2) above.
5. Copying without inclusion of the copyright notice which
appears on the printed copy.