What I’ve learned so far is that educators have a real need for clear & practical copyright information.  - - - MJD

An important point of clarification is in order here.  The piano rolls were not “sound recordings”. They were mechanical reproductions of compositions. The argument was that you couldn’t “read” a piano roll as you could “read” sheet music. Therefore the rolls weren’t “writings” protected by statute. The compulsory license was instituted to balance out the concerns of both sides. Sound recordings were not copyrightable in the United States until February 15, 1972. They were however protected under state property laws. - - MJD

1. To add music to a DVD soundtrack, you need 2 licenses, a synchronization license from the publisher of the composition,  AND a master use license from the owner of the sound recording (usually the record label).
2. Harry Fox rarely issues synchronization licenses anymore.  It’s best to contact the publisher & record labels directly.
3. The publisher has the veto over the use of their composition.  Thus, even if the label gives a master use license, the publisher must also give a sync license too.
4. There is NO hard & fast rule for maximum time or percentage of the original used that entitles you to a claim of Fair Use.
5. All Fair Use claims must be analyzed using the 4 part test under 17 USC §107.
6. The TEACH Act is very specific about what you can display in class or for online instruction.
7. Avoid posting the video on YouTube because the audience is not limited to your students.
8. Making & distributing DVD’s is not covered by The TEACH Act.
9. I spoke on Fair Use at last year’s NMC.  The article from the Summer Conference Proceedings can be found here: http://www.nmc.org/publications/2008-conference-proceedings

Dear Mr.Davis

Your scholarly work in instructional technology has been peer reviewed and published in MERLOT (Multimedia Educational Resources for Learning and Online Teaching). The MERLOT project is an international initiative enabling faculty to integrate technology into higher education.  MERLOT is supported by 27 systems and institutions of higher education as well as the National Science Foundation.  MERLOT is also endorsed by Educational Learning Initiative (ELI) of EDUCAUSE. Over 150 faculty members from these institutions have been performing the peer review of instructional technology, modeled after the peer review process for research and scholarship.

Thanks - - MJD

What John Worthington says is true: “We live in a digital world, and teachers need to communicate in the same digital language as their students.”  - - - MJD

1 Overview of Copyright Law

2 Composers’ Rights

3 How Record Labels Earn Money

4 The Dual Purpose of Copyright Law