Hi Cary, The students absolutely needed to obtain permission to perform this work. Even university orchestras or other performance ensembles purchase a blanket performing license when they obtain the score they intend to perform from. I suppose an argument could be made for their on-campus performances but off-campus performances need to be particularly attentive to licensing and permissions. Since it's already a done deal, though, you could still catalog it (without uploading to OCLC, keep it in the local catalog) and make the recording available for in-house use instead of circulating.... That has been the general consensus on similar queries to the Music Library Association listserv.
These might be useful resources for you: http://www.mola-inc.org/pdf/MusicWePerform.pdf http://copyright.musiclibraryassoc.org/Resources/FAQ (see the performance right section) http://copyright.columbia.edu/copyright/fair-use/other-rights-of-use/ (see public display, displays and performances in face-to-face teaching, and displays and performances in distance education sections). Hope this helps, Best, -lisa Hooper Music & Media Librarian Howard-Tilton Memorial Library Tulane University 504.314.7822 From: [email protected] [mailto:[email protected]] On Behalf Of Cary Jardine Sent: Wednesday, June 20, 2012 11:57 AM To: [email protected] Subject: [Videolib] Use of music in student productions Dear list...I'm pretty sure I know the answer to this question but this is not really my forte so I'd love to hear from those whose forte it is! Here's the situation: Every spring, students in one of our programs put on a dance performance on our campus for students, staff, faculty, and I think anyone else who wants to drop in. This year they also put on the performance in the evening at an off-campus venue, filmed it, and have now asked the library to make the DVD available for circulation. I'm a reference librarian but also our cataloger and as I was watching the DVD to get some information about it for the catalog record, I saw the list of dances and the specific music (most of it current/modern/popular) that had accompanied each piece. Of course now I'm wondering whether the students A, needed permission to use this music in this situation (I think so) and B, if so whether they actually obtained permission (I doubt it). Here's my question: should permission have been obtained for the music used in the performance, and if so should the library accept and circulate the DVD if permission was not obtained? Thanks in advance for any advice. I'm an avid reader of this list; you guys all know so much more about this stuff than I do! Cary Jardine, MLS Research and Instruction Librarian Antioch University New England Keene, NH 03431 603.283.2405<tel:603.283.2405> [email protected]<mailto:[email protected]>
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
