Copyright law and compliance are complex and there will always questions about being compliant. Copyrighted materials are used in many high school activities from music, speech, theatre, cheer, and dance as well as most school based athletic events. The resources found on this page can act as a guide to understanding the complexities of the U.S. Copyright Law. Completing the Understanding Copyright and Compliance course, free on NFHSLearn.com is a first step in gaining more knowledge about Copyright. This course will supply the basics of U.S. Copyright Law and answer most questions.
The NFHS will continue to create and update resources as they become available. The resources below are designed to be educational in nature and are not to be used as legal advice. It is important to consult your own legal counsel prior to taking copyright action.
Public
Performance
A public performance of music as defined by the US Copyright Law is any music played outside of a close circle of associates (under 10) including friends and family that occurs in any public place.
Music like any other property is owned by the copyright owner. They have the right, under the law, to be compensated for the use of their property. When music is played outside of certain educational exemptions (17 U.S.C. §110(1)) a public performance license is needed. There are currently five (5) US-based Performing Rights Organizations (PROs) and all of them have affordable and easy to get blanket licenses that cover their entire catalogue. It is important to purchase all PRO licenses when available as many songs may have artists, writers, and performers in different PROs.
Arrangements
Arrangement permissions refer to the authorization required to create a new version of a copyrighted musical work, often by altering its melody, harmony, or structure. When a musician or ensemble wishes to rearrange a copyrighted song—perhaps by transforming a pop song into a jazz version, or adapting a piece for different instruments—they must seek arrangement permissions from the copyright holder, usually the composer or the music publisher.
Without this permission, releasing or publicly performing the new arrangement can be considered an infringement of copyright. The process ensures that original creators maintain control over how their works are adapted and ensures they are compensated fairly when their compositions are reimagined in new ways.
Mechanical
Mechanical licensing refers to the permissions granted by copyright owner to another party to reproduce and distribute a copyrighted musical composition in audio-only formats such as CDs, digital downloads, and streaming platforms. In return for the right to reproduce the song, the entity obtaining the mechanical license pays royalties to the copyright holder. Rates for these royalties are set by legal statutes and can typically be obtained at Harry Fox Agency.
It is important to note a mechanical license does not grant the right to use the original recording itself or to create visual content such as music videos; rather, it pertains strictly to the reproduction of the musical composition.
Educational
Exemptions
Educational exemptions in copyright law, such as those outlined in the U.S. Copyright Act’s Section 107 and Section 110, grant educators, students, and academic institutions the ability to use copyrighted materials for academic purposes without explicit permission from copyright holders. These exemptions strike a balance between promoting learning and respecting creators’ rights. Key examples include:
Performances: Facilitating the use of copyrighted materials, like plays or music, strictly within educational settings.
- Visual Aids: Enabling the display of images, charts, or clips during lectures or presentations.
- Research Activities: Permitting students and scholars to access and use copyrighted content for academic research, within set limits.
It’s worth noting that these exemptions are designed for non-commercial, educational purposes and aim to ensure the original work’s market value remains uncompromised.
Copyright law
overview
Copyright is a legal framework that grants creators of original work exclusive rights over their creations, typically covering areas such as literature, music, drama, art, and other forms of intellectual property. This law provides protection to the copyright owner from infringement, which occurs when someone uses the copyrighted work without the owner’s explicit permission. The protection typically lasts for the lifetime of the creator plus 70 years after their death, or 95 years for a corporate work.
Copyright law also includes provisions for “fair use,” which allow limited use of copyrighted materials for specific purposes like criticism, commentary, news reporting, teaching, and research, without obtaining permission from the copyright owner. These laws serve to both incentivize the creation of new works and ensure that creators are credited and rewarded for their contributions.
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