Every year, I get the request from parents to have recordings of their child's performance. This is reasonable. However, I always must tell them (with a frown on my face) that I cannot give them one. The parents usually think it's just my laziness or perhaps a handicap with technology and usually respond with:
"Well, if you'll just give me the recording I can make copies"
Or,
"But I wasn't able to make it"
The first response I just have to flat out tell you all is illegal. The second is tragic, but again there is little I can do.
But...why?
In essence it's because of this thing called "copyright."
"But Mr. Dixon", you might say, "a'int Mozart and all that stuff public domain?"
Well, some of the works we do are in the public domain, but the music we perform is almost always an arrangement by someone and that arrangement falls under copyright.
Besides, we perform far more than Mozart and Bach. We perform newer composers like Libby Larsen and Joshua Shank. Michael Cox and Eric Whitacre.
So what is all this copyright stuff?
Simply put, it's an artist's right to make money from their own work. Imagine that you had labored possibly hundreds of hours on a project at your work. Don't you have the right to make money for your labor? Of course you do! Copyright is simply making sure that those that wrote the piece, painted the portrait or molded the sculpture get paid for their ideas and work.
Ok, but it can't last that long right?
Actually, yes. Yes it can. Anything published from 1978 to the present falls under modern copyright law. By that law, anything published after that date is copyrighted from the day of publication until 70 years after the death of the original author of the work.
Wow! That's a long time! But what does that have to do with our little choir program?!
Essentially the writers of this law just want to make sure that the author of the work and their posterity enjoy ALL the fruits of their labor. It may not seem like a big deal to you, but there is potential that the person who wrote that music might have their funds diminished if people don't buy their sponsored recordings.
But I don't care what my kid is singing I just care that it's my kid!
I agree and understand your point, but the fact remains we could be sued for up to $30,000 dollars per violation if the composer wants to press charges.
Oh...so is there nothing you can do?
Well, there are some songs I can record and distribute on this blog and/or my personal website, but those works all fall under public domain.
That's the stuff that's not copyrighted, right?
Right.
So, what can we do?
Whenever possible I try to do a benefit concert made up of pieces that we have either:
A) Obtained the composer's permission to use the piece for our benefit concert
Or
B) Fall under public domain so we can sell copies
In those cases I would love to sell you a copy.
Where can I find this stuff out?
Glad you asked!
Here's where I found most of my information:
http://musiced.nafme.org/resources/copyright-center/united-states-copyright-law-a-guide-for-music-educators/united-states-copyright-law-a-guide-for-music-educators-part-1/#intro - This is the National Association for Music Education's HUGE article on copyright. It's a prickly issue for music educators right now because there have been some recent changes.
http://copyright.cornell.edu/resources/publicdomain.cfm - This is a spiffy chart that shows how the law works visually.
http://musiced.nafme.org/resources/copyright-center/copyright-the-public-domain-maze/ - This explains public domain a little more clearly
http://www.pdinfo.com/ -This shows a list of public domain works
Hope that clears it up and feel free to email me any questions or call me during my office hours! I don't have all the answers, but I'll always veer on the side of being safe when it comes to copyright. No risk, no $30,000 fee that none of us have the money to pay! :)
