Copyrights and Music Teachers
T. Scott Gilligan, the general counsel for MTNA, has written a great article on copyrights for the independent music teacher. Included in the article is a discussion of what is legal to post on youtube, making arrangements for your students, page turning copies, etc. I would encourage everyone to read this very informative article.
Here are a few highlights:
Isn’t any musical work composed prior to 1923 in the public domain?
Yes, but be careful. It is true that music and lyrics written by an American author and published prior to 1923 are in the public domain in the United States. Once a work is in the public domain, it can be used by everyone. Anything placed in the public domain is a complete abandonment of all rights. Therefore, if a work has been put in public domain because the copyright has expired or because the copyright holder abandons their rights and places the work in public domain, it is available for anyone to use in any way they wish. For example, the classical works of Bach and Beethoven are free for anyone to use.It is important, however, to clearly understand what is in the public domain and what is not. While all of Beethoven’s musical works are in public domain, most of the sheet music of Beethoven’s works would not be in the public domain. That sheet music would, unless created prior to 1923, be protected by copyright. The same is true with sound recordings of Beethoven’s symphonies. The publisher of the sound recording would have copyright protection in it even though the underlying musical works that were performed were in the public domain.
To summarize this, remember that “editions” of Beethoven’s and many other composers works are under copyright, though the original music is not. What is being protected is the editor and the pubisher’s editorial decisions, formatting, etc.
Another relevant question for today’s students and teachers:
May I legally post a video of a student’s recital on YouTube?
It will depend upon the music that is played on the video. If the music is in the public domain and the student gives you permission to post the video, then there is no copyright infringement. However, if the music being played is covered by a copyright, then the posting on YouTube without the copyright holder’s permission constitutes an infringement of the copyright holder’s synchronization and broadcasting rights.With the tremendous growth of YouTube and the posting of numerous amateur videos containing commercial music, YouTube has already faced the infringement issue. Several music publishers have written cease and desist letters to YouTube and to amateurs posting videos to YouTube. Currently, if YouTube receives such a letter, it will remove the video upon the request of the copyright holder.
With that in mind, you might ask this question:
Do I need a music license from ASCAP or BMI to hold a piano recital for my students?
One of the rights held by a copyright owner of a musical work is the exclusive right to perform the work in public. If music is performed in a public place or if music is transmitted to the public via radio, television, music on hold, or by the Internet, it may only be done with the permission of the copyright holder. That permission is typically obtained by purchasing a music license from the three primary music licensing organizations of ASCAP, BMI and SESAC.Please note that a music license from ASCAP, BMI and SESAC is only required for public performance of music. Music performed in a private residence, during an educational lesson in a private studio, or as part of a private recital involving a selected group of students does not constitute a public performance. Therefore, recitals by a music instructor’s students for a select group of family and friends would not constitute a public performance and would not require a music license.
Lest you think that all of these restrictions are unfair, please remember that without copyright protection, many composers would be unmotivated to make new music, especially pedagogical music. It might be interesting for you to know who makes what in music publishing in order to appreciate the protection that is given to composers, without whom there would be no new music.
There are a number of other questions answered by the MTNA general counsel which are not so restrictive. Please read the informative article for a full understanding of what you can and cannot copy without violating copyright.
Read MoreNewsletter Gets a Facelift
If you are on my newsletter mailing list, you will have received the new newsletter today. I hope this new format is more enjoyable to read and more helpful in the information it presents. If you have not signed up for the newsletter, please do so on the right hand side of this page. You will receive periodic newsletters that will keep you informed about what new things have been added, new articles that have been written, new books, and other special offers.
The newsletter is a great way to stay connected to new ideas in the area of composition and piano pedagogy. Your email is guaranteed private by Safe Subscribe and will not be distributed to any third party. Please feel free to forward your newsletter to other teachers and encourage them to sign up if you feel they would benefit.
I hope you enjoy the new look!
Read MoreMusic Publishing: Paper or Digital?
I have had conversations with several of my composer friends about the direction of music publishing in terms of print or digital distribution of music. I know that not only are composers concerned about these things, but music publishers are as well.
My favorite inspirational newspaper, the Wall Street Journal, has a piece entitled Magazines Team Up to Tout the Power of Print that has some interesting perspectives on this point. Of course, a magazine’s competition is online newssources so the issue is slightly different. But certainly these things are related. Just last year the magazine industry was still very concerned that their medium was disappearing due to the popularity of obtaining news from the internet.
But, new figures have come out to show that magazine readership has actually increased by 4.3% in the last 5 years and magazines are launching a multi-million dollar ad campaign about the “power of print.”
One of the five ads that will be run in magazines is displayed on the WSJ online article with a picture of Michael Phelps. I think the last paragraph should be interesting to composers and publishers alike:
What it proves once again is that a new medium doesn’t necessarily displace an existing one. Just as movies didn’t kill radio. Just as TVs didn’t kill movies. An established medium can continue to flourish so long as it offers a unique experience…Which is why people aren’t giving up swimming, just because they also enjoy surfing.
So the question then is, what “unique experience” does a publisher or printed medium offer a musician or teacher? There are obvious answers to this, but I think the forward thinking composer and publisher should ask how else they can offer a “unique experience” to their customer. Surely there are many more creative ways to do this not yet explored in the industry.
Read MoreHow Innovation Happens at 3M (and how it relates to music teaching/publishing)
I love the Wall Street Journal as an unusual source of creative and entrepreneural inspiration. On Monday, March 1st, there was an article entitled, At 3M, Innovation Comes in Tweaks in which CEO George Buckley was interviewed about his company and their innovations and creative processes. Really the whole article is interesting and worth the read, but I love what he said in this part of the interview,
WSJ: How else do you get your people to be creative?
Mr. Buckley: Everybody wants to find out how to can creativity. You can’t. Creativity comes from freedom, not control. We let all the people in the R&D community spend 15% of their time researching whatever they like.
Now, I have heard of several companies allowing their employees to spend a small percentage of their time researching their own interests with remarkable results (Google for one). It only makes sense that people are most excited about projects that interest them and in which they have vested interests.
How does that relate to the world of music teaching?
Well, I wonder what would happen if we as teachers allowed our students to spend a certain percentage of their practice time and their music selection on music that they love and pick themselves? Several years ago, I had a 9th grader who was talented but was just about to quit piano his mother told me. We worked out a deal where he could chose up yo 50% of his pieces for that year and I would choose the remaining 50%. He could spend half of his time on music he loved as long as he spent half of his time on the music I assigned. This was the only way we got through that year, but I’m so excited to say that he is now a senior and has developed into quite the musician! He continues to study music that he loves, but it is often music that I have picked now that his tastes have developed. We spent a good deal of time in his 9th and 1oth grade years on Broadway music, church music, holiday music, etc., but it was well worth it as his love of music just grew by leaps and bounds.
I wonder how this could relate and encourage more innovation in the composing/publishing world as well?
Read MoreHal Leonard Piano Manager Comments on Faber Distribution
Jennifer Linn, the manager of the Hal Leonard educational piano department, has written an informative letter to interested teachers concerning the newly acquired distribution rights of the Faber materials. In this letter, she explains a bit about how the Hal Leonard Student Piano Method will continue to function, the Hal Leonard distributorship will work, and how new release clubs will be structured. Her original letter was written to the HL Yahoo group, which I would encourage any teacher to join!
Read MoreThe Hal Leonard Student Piano Library is a vital and important piano course for Hal Leonard, and we look forward to continuing to offer many new and exciting materials in the future. I am personally very excited about a number of new publications that are “in the pipeline” and hope that you have enjoyed the new “More Christmas Piano Solos” that were just released this fall in 6 levels (Pre-staff through Level 5). We (HLSPL) are also gearing up for a robust workshop season this summer with innovative ideas from our family of talented composers and authors.
Just as Hal Leonard is the distributor for great companies such as Willis, G. Schirmer, Boosey & Hawkes, Henle, Schott, ,Novus Via (American Popular Piano), Lee Evans, Robert Pace etc.,Faber Piano Adventures is yet another important member of this Hal Leonard family of companies that we distribute. The marketing efforts for these companies are currently separate for the most part (as in our new release clubs etc.), and the Fabers will be as well.
It is an exciting time for educational piano and we at Hal Leonard are looking forward to this new frontier.
Musically Yours,
Jennifer Linn
Manager-Educational Piano
Hal Leonard Corporation
FJH Press Release
Here is the press release I just received from FJH concerning the selling of the Faber catalogue.
On November 30, 2009, The FJH Music Company Inc. (“FJH”) announced the sale of the Piano Adventures® catalog and other publications written by Nancy and Randall Faber to a corporation controlled by Nancy and Randall Faber.
FJH is a premier publisher of educational print music products for piano, band, string orchestra, and guitar. Founded by Frank J. Hackinson, one of the most recognized and respected names in the print music publishing industry, FJH has come to symbolize today’s new standard of excellence, to which teachers and students have turned in ever increasing numbers.
“After an unparalleled 20+ years of success, the sale presented an exceptional opportunity for both FJH and the Fabers to pursue their own creative endeavors. FJH will continue to focus on the needs of teachers and educational institutions, in expanding its innovative core curriculum and new publication offerings,” says Frank J. Hackinson, President and Chief Executive Officer.
About The FJH Music Company Inc.
FJH is a privately owned educational music print publishing company with offices in Fort Lauderdale, Florida.
The FJH catalog of keyboard education products includes: In Recital®, Succeeding with the Masters®, The Festival Collection®, Sight Reading and Rhythm Every Day®, Write, Play, and Hear Your Theory Every Day®, in addition to many other exceptional publications written by its roster of talented composers and arrangers. FJH has an innovative new piano method, Helen Marlais’ Succeeding at the Piano™ to be launched in March 2010, call, email, write or register at www.fjhmusic.com/SATPRegister to reserve your complimentary copy of each Lesson & Technique Book today. Writers for the FJH Keyboard Catalog include: Kevin Olson, Timothy Brown, Mary Leaf, Edwin McLean, Kevin Costley and Jason Sifford.
FJH’s catalog of instrumental material includes: an exciting new band method, Measures of Success™ for Band, to be launched at the MidWest Band Clinic 2009, New Directions® for Strings, and an extensive library of performance and supplemental material. Writers for the FJH Instrumental Catalog include: Brian Balmages, Soon Hee Newbold, William Owens, Timothy Loest, Carrie Lane Gruselle, Robert D. McCashin, Erik Morales, Chris Sharp, and Travis J. Weller.
FJH’s catalog of guitar publications includes: the two methods, Everybody’s Guitar Method, and The FJH Young Beginner Guitar Method, as well as a carefully graded library of supplemental material for both pick and classical style performance. Writers for the FJH Guitar Catalog include: Philip Groeber, David Hoge, Rey Sanchez and Leo Welch.
For more information on FJH, please visit us at www.fjhmusic.com.
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