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#1 2007-05-23 10:32:58

Larry
Member
From: Columbus, OH
Registered: 2005-10-10
Posts: 58

Copyright and Teaching

I thought everyone might find this useful.  It seems that copying scores and recordings for educational purposes is totally legal.  Please see below:

In the delivery and pursuit of education, there will be frequent occasions when you or others need to copy materials protected by copyright. Knowing that virtually all materials – except materials in the Public Domain – are protected, you ask yourself the question: "Do I need to get permission before I copy this?" This is when you make a fair use analysis to determine if the copying qualifies. If it does, then you don't need permission. How do you determine fair use? The federal statute provides:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Links to copyright article and fair use article:

http://publishing.wsu.edu/copyright/music_copyright/
http://publishing.wsu.edu/copyright/fairuse/

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#2 2007-05-23 11:19:59

dstone
Member
From: Vancouver, Canada
Registered: 2006-01-11
Posts: 552
Website

Re: Copyright and Teaching

Larry, thanks for this info and links.  This is important stuff to talk about.  In light of the list of fair-use considerations you give...

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

So doesn't one have to evaluate whether the educational purpose of is of a nonprofit nature or commercial nature (e.g. a professional teacher)?

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect upon the potential market for or value of the copyrighted work.


These two points wouldn't seem to bode well for copies of entire scores, normally sold individually.

In the end, it's very important that we think of the artists and owners of this material.  If someone puts the effort into creating something and their desire is to sell it, then even if the law permits us to pass around copies of it, we have to ask ourselves if that's the right thing to do.

I've used this example before here...  in Canada, the Canadian Copyright Act has an explicit exemption for citizens to make personal copies of others' music recordings, for personal use.  This is considered legally stronger than U.S. Fair Use doctrines; it's actually written into the act.  Now if everyone did this, instead of buying music... we'd be on solid legal ground, but where would that leave us? 

Just asking questions...

-Darren.

Last edited by dstone (2007-05-23 11:20:56)


When it is rainy, I am in the rain. When it is windy, I am in the wind.  - Mitsuo Aida

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#3 2009-07-02 23:02:08

DOKYOKU POLIZEI
WE R WATCHING U!
From: JAPAN/DEUTSCHLAND
Registered: 2006-02-24
Posts: 11

Re: Copyright and Teaching

YOU HAVE BEEN REPORTED TO THE PROPER AUTHORITIES

http://i215.photobucket.com/albums/cc123/Tairaku/Unknown.jpg


WE R WATCHING U!

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#4 2009-07-03 11:12:24

nyokai
shihan
From: Portland, ME
Registered: 2005-10-09
Posts: 613
Website

Re: Copyright and Teaching

Larry wrote:

...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright...

That's US "fair use" law. Japan does not have fair use in their copyright law yet (right now you technically need to get explicit permission for each use), although supposedly they intend to add it this year. You can't use a US concept to get off the hook on copyrighted Japanese material, but it is clear that Japan is theoretically in favor of fair use. Ironically, US corporations with a multinational presence don't like other countries to add the fair use concept that we pioneered!

Here are my own current policies in dealing with students and copyrighted material:

1. For the purpose of study of the specific honkyoku repertoire I teach, I provide scores free -- or for the cost of duplication and binding. These days I usually steer long-term Nyokai-An people to a nicely bound at-cost collection of the stuff made by one of my students. The material consists of copies of Yodo Kurahashi I and Jin Nyodo scores, plus a few other goodies. The Yodo Kurahashi scores are not publicly available, and the Jin Nyodo scores are only available as a set that is far too expensive for most. I do not make these available except to those who take lessons from me.

2. For the purpose of sankyoku study, I provide my students -- and only my students -- copies or PDF's of the Chikuyusha "green scores." This is necessary, since most are out of print and very difficult to obtain, even though they are considered by many the bread-and-butter of the shakuhachi repertoire.

3. For honkyoku scores of pieces that I know but that are outside my direct lineage,  I request that students purchase them or otherwise find a source on their own. If they cannot find a source or cannot afford the price, I will provide a copy on a fair use basis.

4. For scores and CDs distributed by composers, shakuhachi professionals, small publishers and labels, and other honorable people who stand to make a few pennies off the deal, I ask that students purchase the original. If there are factors making this extremely difficult, I may provide material on a fair use basis.

5. In the past I have occasionally provided students with mp3's of single tracks off commercially available sankyoku recordings for the purpose of "play along" study. Lately, thanks to the availability of so much material on iTunes, eMusic, etc. etc., I can usually steer them instead to one of those services.

The bottom line for me is that some material MUST be kept available for the continuance of various shakuhachi traditions. If a publisher lets something go out of print or charges way too much for a typical student to afford, then I think it's time to interpret fair use pretty broadly.

Eagerly awaiting a visit from the Polizei.

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#5 2009-07-03 12:07:40

Elliot K
Member
From: Santa Rosa, CA
Registered: 2005-10-11
Posts: 132
Website

Re: Copyright and Teaching

nyokai wrote:

2. For the purpose of sankyoku study, I provide my students -- and only my students -- copies or PDF's of the Chikuyusha "green scores." This is necessary, since most are out of print and very difficult to obtain, even though they are considered by many the bread-and-butter of the shakuhachi repertoire.

Nyokai,
   As a point of info (not Politzei action!), virtually all of the Chikuyusha scores are still in print and available at Chikuyusha HQ in Tokyo. I've been to their warehouse (which shares space with the flute workshop of Tadasuke Tanaka) and they're well-stocked. Last time I looked, out of @160 scores listed on their website only a dozen or so were awaiting republishing. Unfortunately Chikuyusha has no process for taking overseas orders yet, so the part about "very difficult to obtain" is true unless you're willing to visit them in Yotsuya (although many music shops and even department stores throughout Japan have good stock of the "warhorses" like Chidori no Kyoku, Rokudan, Kurokami, etc.). Some of the less-played pieces (like a few Yamada ryu scores) remain unavailable because of lack of demand.

Last edited by Elliot K (2009-07-03 12:11:27)

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#6 2009-07-03 15:18:38

nyokai
shihan
From: Portland, ME
Registered: 2005-10-09
Posts: 613
Website

Re: Copyright and Teaching

Thanks for the info, Elliot -- I thought more of them were out of print than that.

Last edited by nyokai (2009-07-03 22:37:22)

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