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Copyright Guide for Faculty: Music & Sound Recordings

Introduction

This section of the guide applies to copying, playing, and performing copyrighted works of music and sound recordings.

Check the box on this guide that applies to your intended use of the music:

If your intended use does not fit into one of these categories or you are not sure which category applies, contact copyright@jibc.ca or bhenshaw@jibc.ca

NOTE: This guide was previously called "Sound Recordings". The title was changed for clarity. All content remains the same.

Technology Protection Measures (TPM)

Technology Protection Measures (TPMs) or "digital locks" are any technology, device, or component that either:

  • controls access to the work (you need a password to access the material)
  • restricts use of the work (stops you from downloading the material)

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 you are authorized by the copyright owner (for example, you have legitimately obtained the password).

Copyright and Sound Recordings

Sound recordings may be copyrighted in multiple ways, depending on the situation. Copyright may apply to the recording itself, to the work being expressed within the recording, and to the performer's performance within the recording. For this reason, this page on the guide is separate from the page on audiovisual materials, even though the two are related.

Music for Educational Purposes

Under Fair Dealing, you may copy or play/perform a copyright-protected work if:

  1. the work is exclusively shared with or played/performed for JIBC students, faculty, or staff;
  2. the performance is on JIBC premises; and
  3. the copying or performance is for educational or training purposes.

If your use of music does not meet the three requirements above, you will need to contact the library about a license. See the next section.

Music for a One-Time Performance

If you wish to use music:

  1. for a public audience (ie. the event is not exclusive to JIBC students, faculty, and staff);
  2. at a location that is not on JIBC premises; or
  3. not for educational or training purposes (ie. convocation or student activities)

...then you must contact the library to acquire a license.

Contact copyright@jibc.ca or bhenshaw@jibc.ca with the following information:

  • the date of the event
  • the number of attendees
    • If not yet known, include whether there will be 1-100, 101-300, or 300+ attendees
  • whether there will be recorded or live music
  • whether there will be dancing at the event
  • your budget code

The music you use can come from anywhere, as long as it is not an infringing copy (ie. it was obtained legally). It is the end use of the music that is being covered by the music license, not the specific recording.

If you wish to use music to create a derivative work (such as a video to post on the internet), see the next section.

Music for Creation of Derivative Work

If you wish to use music to create a derivative work (such as a musical arrangement or a video set to music) you must contact the library.

The library will locate the copyright owners of the sound recording to request a license.

Contact copyright@jibc.ca or bhenshaw@jibc.ca with the following information:

  • the title of the sound recording
  • the date of the event
  • the number of attendees expected

Note that the library needs a minimum of one month in order to request and negotiate a license.

Music and Video Streaming (iTunes and Netflix)

Licenses take precedent over the Copyright Act. When you enter into a private license you may only use those materials for private use not classroom use. Fair dealing and educational exceptions do not apply.

If you would like to share material from a private (ie password protected) streaming music or video service like iTunes, Spotify, Netflix, Disney+, Amazon Prime Video, etc. it is recommended that you find an alternative resource. These services are specifically for "personal" or "household" use, neither of which apply to a classroom.

 

Netflix Exceptions

Netflix now permits limited showing of some documentary films for a one-time* educational screening.

To find out if a Netflix documentary is available for an educational screening, follow the instructions at http://media.netflix.com/. The film you intend to screen must include a "Grant of Permission" or an "Educational Screenings Permission (ESP)" label.

Note that there are very few documentaries in Netflix's Canadian catalogue that allow for educational screenings.

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.