Copyright Considerations
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The concept is simple - copyrighted music should be considered much like a physical item - you must ask the owner if you can use it before you use it.  The owner may or may not give you permission, but should you choose to use it, you MUST have the owner’s permission.  From our experience, it is very rare when a copyright owner does not grant permission, but once in a while that is the case.  We know of one instance where a modern composer was reluctant to allow his prize-winning composition to be performed, but granted permission – and actually went to see the band perform.  He was very pleased to see the final product. 

Here is some information about copyrights that may be of help.

Of course, the music used by bands and musicians at all levels, including educational levels,  is created by composers, made playable by arrangers, and circulated by publishers.  In order to insure that they can earn a living, and that music will be available in the future, they must be fairly compensated for it. Some music is in the 'Public Domain' and there is no longer an applicaple copyright - but there may be a copyright on a specific arrangement of that music.

We recognize that it can be very inconvenient, and in some cases, even quite expensive to get permission to perform some music.  We recognize that students (and not just the drummers) lose their music and that designers in the Visual Arts field often want to change the music to fit their visual concepts.  If you have the permission of the composer, changes in the music to fit the visual design are fine.  Also, the law does allow you to do a few things in an emergency situation, under the 'Fair Use' provisions, but the limits are strictly defined. 'Fair Use' never applies to performances.

There are some things you can do without violating the Copyright laws. As a teacher, you are allowed to simplify parts in order for them to be more accessible to students - you can even move parts around from one instrument to another. Once in a while, a published arrangement will even specify that changes can be made for performance. However changing a concert band work for use on the football field often requires a complete re-arrangement of the music. When this is done, you are required by law to get specific permission from the holder of the copyright (usually represented by the publisher). Playing only portions of a piece of music or even adding percussion parts that change the character of the original piece of music could even violate a copyright. Therefore, permission should always be obtained.

Performances:

There are three simple rules;

1) Copying music to avoid a purchase is never OK - even for educational purposes (unless the forward-thinking publisher has given specific permission by including a license when you purchased the music). Unfortunately, this includes the most common reason for copying parts - replacing parts lost by careless students. There are some exceptions permitted for emergencies, but these have special limitations. Note that having photocopies of copyrighted music in your library could result in very large fines. If you need to archive music, and you are missing a part, contact the publisher and ask for permission to obtain an archived copy. Once in a while they will even send you written authorization to keep a photocopy on file.

2) Making a special arrangement of copyrighted music requires permission - While some minor changes in instrumentation may not require permission, adapting an arrangement for performance on the field almost always involves more substantial changes. If there is any doubt whatsoever, obtain permission from the holder of the copyright.

3) If in doubt - get permission!

Recordings:

If you make multiple audio copies of your band's performance and either sell the copies as fund-raisers or mementos, the law required you to obtain a 'Mechanical License' for these recordings. This is usually easy to obtain. Most publishers have agreements with the Harry Fox Agency (HarryFox.com) for large quantities of copies - but for less than 500 copies you are required by law to contact the copyright holder - usually the publisher. If a commercial recording has already been made of this music by someone else, the law considers this music to have a 'compulsary license' and the copyright owner is required to grant a license to you. There is often no charge, but if there is a charge, there is a set a rate of less than 2 cents per recorded minute at this time. If the work is in the public domain, there is no fee involved.

BUT, keep in mind that purchasing the rights to record the music or choosing to record music that is in the public domain does not mean that the arrangement is paid for. You may have to have permission from the arranger as well.

If your recording is a video recording, a Synchronization License is required. Publishers have the right to charge whatever they like for this license, and there is no provision in the law that requires them to issue the license. However, the fees are usually low - almost always less than 25 cents per song and often free. Doing the right thing and obtaining the license will earn you the respect of the publisher, and ultimately of your students as well.

It does not matter if you are selling recordings or giving them away - if you want to use something that is owned by someone else, obtain their permission first.

We hope this information is of some value to you, but it is just skimming the surface. Please check the links to the left for more detailed and more current information.