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Copyright Guide for Faculty: Sound Recordings

Introduction

For the purpose of this guide, we will be focusing on the special rules that apply to performing /playing musical works, specifically sound recordings.

Sound Recordings

Subject to the safeguards discussed below, under the Fair Dealing Requirements:

  • A faculty member or administrative staff may copy or distribute up to 10% of a sound recording.
  • A faculty member or administrative staff may make a copy of a Short Excerpt of a sound recording for inclusion in a classroom presentation or in an LMS (e.g. BlackBoard).

Safeguards

Copies of Short Excerpts of sound recordings are only to be provided or otherwise distributed to:

  • students enrolled in a course of study;
  • to other JIBC faculty members and administrative staff of JIBC.

Fair Dealing does not apply to the public performance/playing of a sound recording.

Faculty members and administrative staff can perform/play a sound recording without the copyright holder’s permission, provided that they comply with section 29.5 of the Copyright Act.

This section of the Act permits faculty members to perform/play an entire sound recording only if the performance is:

  • before an audience consisting of students, instructors or any person who is directly responsible for setting curriculum at JIBC;
  • on JIBC premises; and
  • for educational or training purposes.

In addition, with respect to sound recordings, the copy of the recording being played must either not be an infringing copy or the person responsible for the performance must have no reasonable grounds to believe that it is an infringing copy.

If the performance does not meet any of the three requirements above, a license is required. Contact the library who will purchase the license on your behalf (copyright@jibc.ca). 

If faculty members and administrative staff wish to perform/play a sound recording that is:

  • before an audience consisting of people outside of students, instructors or any person who is directly responsible for setting curriculum at JIBC;
    • public will be in attendance
  • not on JIBC premises; or
  • not for educational or training purposes;
    • E.g. Convocation

The music can come from anywhere, as long as it is not an infringing copy . It is the end use of the music, as a blanket license, that is being covered.”

JIBC Library must contact the appropriate copyright holders in order to obtain the necessary permission by means of a license.

FOR ONE-TIME PERFORMANCE/PLAYING ONLY FOR CREATION OF DERIVATIVE WORK (VIDEO TO POST ON INTERNET)

Library will obtain a license for performances/playing only:

  • license only covers the time of the playing
  • sound recording cannot be stored or shared
 Library will locate the copyright owners of work to request a license:
Contact April Haddad, Director, Library Services and advise of the following:
  • title of sound recording
  • date played
  • number of attendees 
 Contact April Haddad, Director, Library Services and advise of the following:
  • title of sound recording that you wish to play
  • date for event 
  • number of attendees expected

Library needs minimum one-month lead time in order to request and negotiate a license.

 

The Copyright Act refers to “technology protection measures,” which are commonly known as TPMs or digital locks. The term describes any technology, device or component that does one of two things: controls or restricts the access to a work (for example, password protection) or restricts you from doing something with the work (for example, copying the work or downloading a copy). The Copyright Act makes it an offense to circumvent the first of these types of digital locks (the access restriction).

JIBC has entered into various licenses that provide faculty and staff access to electronic versions of audiovisual works, musical works and sound recordings. Some license agreements limit how these electronic versions may be copied, distributed or performed by faculty and staff. 

JIBC faculty and staff should not circumvent digital locks to obtain access to a copyright-protected audiovisual work, unless authorized by the copyright owner (for example, you have legitimately obtained the password). 

Acknowledgement

We wish to thank UBC for allowing us to use their Copyright at UBC pages, licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.