Sheet music and copyright

[InstaurareSacra]

Almeria:

I’m with demoman on this one. Just because something is used in teaching doesn’t necessarily make it fair use. My high school band teacher couldn’t buy one copy of each part, and make copies for the rest of us–he had to buy as many official copies as there were students. My music tutor always made me buy my own books as well.

First of all, I apoligize for the mis-cite. The fair use provision of the copyright act is at 17 U.S.C. Section 107.

Here’s the text:

"§ 107. Limitations on exclusive rights: Fair use

Release date: 2004-04-30
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—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

The emphasis is mine.

I would submit the teacher is also NOT at fault. Who would of thought IP law would come in handy in a Catholic Answers forum!