Are ensembles allowed to film themselves and freely distribute the video to those within the ensemble either “for cost” or at “no cost”?http://mustech.wordpress.com/2007/03/19/assignment-3-copyright-and-ethics/
Copyright is a highly debated issue in today’s musical world. As technology advances people gain the ability to reproduce CD’s, videos, and texts quickly. Though many practices today are possible, not all are legal or ethically correct. Many aspects of copyright are obvious, like don’t claim another person’s work as your own if you are creating a CD. What about videotaping a live ensemble though? Are teachers allowed to film and freely distribute their concert for free or a small cost to the members of the ensemble or the community? The answer is an emphatic NO!
According to MENC, a video can be taken of a concert, but it may only be used to keep on file as a reference. http://www.menc.org/information/copyright.html#2 Copies may not be distrubuted to anyone unless the copyright owners give you permission for each song and you have parental consent to have their children taped. Music Publlishers’ Association of the United States also agrees that permission must be granted from the owners to distribute a video to anyone.
Teachers may make “one rehearsal tape for analytical ro teaching purposes.” http://www.band.org/Public/resourceroom/copyright/copyright_monster.asp This doesn’t include giving a video to seniors as an end of the year rememberance or using recording as a fund-raiser. To do these actions one must get a mechanical license to record and duplicate performances. Be careful though, because though some peices are in public domain doesn’t mean the particular arrangement you have is. Without written permission from a publisher you can’t even post a recording online. Getting clearance from Harry Fox Agency and paying royalites for each copy sold is the only legal way to go about making CD’s. http://jamesfrankel.musiced.net/2007/01/19/copyright-or-copywrong/
As a teacher this may lead to feeling like a poor painter who never gets to distribute his work. Imagine spending hours with a fine paint brush painted detailed leaves on a watercolor of a forest. Just as you put the finishing touches on the sunbeams someone comes and dumps a black can of paint all over your work. Others never again can gaze on the beauty you took so many hours to create. As a teacher you spent hours pouring your heart and soul into your ensemble. After a concert no one can ever again experience the beauty that took place that day. How is this fair?
One thing that was forgotten though was that the painter was indeed poor. Others had let him borrow a very fine canvas, brush, and watercolors to do his work. Nothing he really used ever belonged to him, nor could bring him finanical gain. These people did not hurt this painter, but instead gave him the tools to experience a little bit of peace and joy. Though gazing at the picture only lasted for a minute, that sweet time may be forever engrained into the memory of this painter. It was only through the generosity of these friends that he got to work with the tools he could never afford himself. This experience may even inspire him to pursue excellence in other areas of his life in the future.
As teachers we can take no credit for the intricate works created by great composers. They allow us to use their music for a time, experience the passion that came from the final product, and then have to allow the experience to become a memory. If this experience could be revisited reguarly it would lose some of it’s special nature, just as a painting duplicated and sold can often decrease the value of the original.
Music educators should be thankful for the wonderful job that making music is instead of being defensive about restrictions over beauty they did not create. By doing this the students will see a positive role model who will follow what is right even when it is difficult as well as learn to value the times of performing with their peers even more.
