Blog

Some musicians write only music or lyrics. Some musicians compose both lyrics and music. Sometimes the same musicians also perform the work. And sometimes not. Sometimes the musician sells or licenses all or some of his or her copyright interests to a third party. Confusing? Welcome to music copyright law.

Lacking the financial resources and/or the sophistication to consult a copyright attorney, many educators and students turn to the Internet for help. Unfortunately, though, the Internet is a repository of urban legends and half-truths about copyright law, especially in the intersection of fair use and student musicians. Below are some common myths and reality checks about them.

Urban Myth #1: If there’s no copyright notice on music on the Internet, I can use it without violating copyright laws.
Truth: Copyright ownership vests at the instant that an original, tangible work is created. That has been the law in America since January 1, 1978. The absence of a copyright notice proves nothing (either way) about copyright ownership.

Urban Myth #2: If I call it “educational,” I can use anybody’s copyrighted musical works, anywhere, anytime without getting into trouble.
Truth: Monopoly® is the only game that gives you a get-out-of-jail-free card! It’s ok to perform or display lawfully acquired musical works in a curriculum-based nonprofit classroom setting, in the context of either face-to-face teaching or distance teaching (the TEACH Act). If the student musician uses copyrighted material outside of these narrow parameters, the education exemption under Section 110 of the Copyright Act does not apply.

Urban Myth #3: If I call it “fair use,” I can use anybody’s copyrighted musical works, anywhere, anytime without getting into trouble.
Truth: Fair use allows you to use others’ copyrighted materials without asking permission, under some circumstances. It’s a complicated subject that requires careful analysis each time, plus a good tolerance for risk. For example, if a musical work containing others’ copyrighted material is created for school credit, it may qualify for the educational fair use exception, depending on how much of another’s work you used, and several other factors. However, if you submit that same musical work to a contest, you must review the fair use exception all over again. It’s possible that you won’t qualify for fair use, especially if prize money is awarded.

Urban Myth #4: I can use anybody else’s music if I give them credit.
Truth: Giving credit to the original musician doesn’t wipe out a copyright violation.

Urban Myth #5: If I don’t know anything about copyright law, I’m ok. My violation is “innocent.”
Truth: Lack of knowledge of the law is not a defense to copyright violation claims.

Urban Myth #6: If the original musical composition is in the public domain, I can use a musician’s performance of that composition without worry.
Truth: Beware of lurking copyright interests! Even if the original music or lyrics are in the public domain, performances are covered by their own, separate copyright. That performance may or may not be in the public domain.

Urban Myth #7: I’m just using a little bit of a famous piece. That’s ok, right?
Truth: It depends. Courts have ruled that using even a small part of a copyrighted work is a violation, if you are taking the “heart” of the work. And you still need to do a fair use analysis.

Urban Myth #8: I’ll never get caught. Everybody else does the same thing.
Truth: More than 35,000 music copyright violation lawsuits have been filed against students and others by the Recording Industry Association of America. While RIAA has been heavily criticized for these lawsuits, their success rate is significant.

Urban Myth #9: I can use music from other countries without violating copyright rules.
Truth: Each country has its own set of copyright laws. Some are more restrictive than American copyright laws and some are less restrictive.

Urban Myth #10: My creativity is being crushed. I have no alternative but to violate copyright rules if I want to have a great musical experience.
Truth: Not so. Your school district can acquire the right to use royalty-free music from a music library which has acquired the rights and licenses for your use.

View additional blog posts

Nothing contained on this page should be construed as providing legal advice or creating an attorney-client relationship. All information herein is intended as educational only. For advice specific to your situation, please contact an attorney of your choice.