Fair Use for digital media and music materials

These guidelines are based on the 1998 Conference on Fair Use report to Congress.


Fair Use for digital media

Recent innovations in computer and information technology, such as high-quality graphic scanners, CD-ROMs, high-speed modems, Internet, etc., have made access to, and retrieval of, all types of media very easy. However, just because these media are easily accessible and stored in digital format does not mean they are not copyright- protected. While there is still much debate about how existing copyright laws apply to these types of media, they should be treated the same as traditional media regarding copyright and fair use.

Fair Use for music materials

The following uses are permissible:

  1. Emergency copying to replace purchased copies that are not available for an imminent performance, provided purchased replacement copies will be substituted in due course.
  2. For academic purposes other than performance, single or multiple copies of excerpts of works can be made, provided the excerpts do not comprise a part of the whole that constitutes a performable unit, such as a section, movement, aria, but in no case than 10 percent of the whole work. The number of copies should not exceed one copy per student.
  3. Printed copies that have been purchased may be edited or simplified, provided the fundamental character of the work is not distorted, including lyrics.
  4. A single copy of a sound recording, such as a tape, disc or cassette, of student performances 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 individual teacher to construct aural exercises or exams and may be retained by the educational institution or individual teacher.

 

 

 

 

 

 

 


Just because these media are easily accessible and stored in digital format does not mean they are not copyright- protected.

The following uses are prohibited:

  1. Copying to create a substitute or replacement for anthologies, compilations or collective works
  2. Copying of or from works intended to be "consumable" in the course of study or instruction, such as workbooks, exercises, standardized tests, answer sheets, and the like.
  3. Copying for the purpose of performing, except as noted in (1) above.
  4. Copying for the purpose of substituting for the purchase of music, except as in (1) and (2) above.
  5. Copying without inclusion of the copyright notice, which appears on the printed copy.

Fair Use for faculty
Fair Use for nonfaculty
Fair Use for Copy Centers and printed materials
Fair Use for electronic reserves
Fair Use for video and broadcast
Fair Use for software
Training opportunities
Additional resources

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For more information, contact your college/unit copyright compliance officer:

Mary Carr, SCC, 509.533.7045 
Mary Ann Lund Goodwin, SFCC, 533.3820  
Anne Tucker, District Administration, 509.434.5109 
Rebecca Rhodes, IEL, 509.279.6050