Copyright Guidelines for Musical                                                                                                                UPPS No. 01.04.20

Performances on Campus                                                                                                                           Issue No. 4

Effective Date: 09/30/2004

Review: May 1 E6Y

 

 

01.       POLICY STATEMENTS

 

01.01  This UPPS is designed to help members of the university community to understand and comply with the Copyright Revision Act of 1976 insofar as it relates to Musical Performances on Campus.

 

01.02  This UPPS does not cover those provisions of the Copyright Law that pertain to library copying, nor does it cover copyright guidelines for classroom use and research. Guidelines for classroom use and research are set forth in UPPS No. 01.04.22. Copyright guidelines for the Texas State Albert B. Alkek Library are in UPPS No. 01.04.21.

 

02.       LIMITATIONS AND INQUIRIES

 

02.01  This UPPS is a summary only, and is not intended as a detailed guide to the Copyright Law. Questions regarding the applicability of the Copyright Law to specific situations should be addressed to the University Attorney.

 

02.02  All general inquiries about the content of the Copyright Law should be addressed to the Alkek Library Reference Department.

 

02.03  The University Attorney will promptly notify the Dean of Students and the Dean of Fine Arts and Communication of any significant changes in the Copyright Law that affect musical performances on campus.

 

02.04  The University is not responsible for copyright infringements by members of its faculty, staff, administration or by students. It is the position of the University that copyright infringements are the responsibility of the individual infringer, and not the University.

 

03.       COPYRIGHT PRIVILEGES

 

03.01  Generally speaking, the owner of a copyright has the exclusive rights to display or perform the copyrighted work publicly.

 

03.02  Under the old copyright law, public performances of musical compositions were subject to control by the copyright owner of the music only in cases where a performance was "for profit." The current law removes this general "not-for-profit" exemption and substitutes in its stead certain specific exemptions. Musical works may be performed without violation of the Copyright Law if any one of the exemptions applies.

 

03.03  These exemptions, briefly described, are:

 

a.   Face-to-face teaching activities of a non-profit institution in a classroom or similar place devoted to instruction;

 

b.   Broadcasting as a regular part of systematic instruction at a non-profit educational institution for reception in classrooms; and

 

c.   Performance of a nondramatic literary or musical work by an educational institution if the educational institution does not pay the performers and

 

1)   No admission fee is charged; or

 

2)   An admission fee is charged but the net proceeds are used exclusively for educational purposes and the copyright owner has not served written notice of objections seven days prior to the performance.

 

03.04  The exemption of "nondramatic works," as the term is used in the statute, means that performances of dramatic works such as opera, musical comedy, oratorios, and the like are not exempt under this section.

 

03.05  The doctrine of "fair use," as described in Section 04.02 of UPPS No. 01.04.22, "Copyright Guidelines for Classroom Use and Research", applies to performances of musical works.

 

04.       ADDITIONAL EXCEPTIONS TO THE COPYRIGHT LAW

 

04.01  The Copyright Law applies to live performances by musicians as well as to the playing of phonographic records, tapes, or disks. There are some general exceptions to the laws, however.

 

04.02  Private Performances: Performances that are not "public" performances are not copyright infringements. The University Attorney should be contacted if a question arises as to whether a performance is private.

 

04.03  Jukeboxes: Under certain circumstances, the playing of musical works on a jukebox may be excepted from the applicability of the Copyright Law. The University Attorney should be consulted for specific questions.

 

04.04  Operation of Ordinary Radio or Television Set in Public: Establishments which merely operate a home-type receiver are generally exempt from the Copyright Law. The University Attorney should be consulted for specific questions.

 

05.       NECESSITY FOR KEEPING RECORDS OF MUSICAL PERFORMANCES ON CAMPUS

 

05.01  The University has entered into contracts with the three major organizations representing the owners of musical copyrights allowing the University to perform musical compositions on its campus. The contracts with these licensing organizations cover musical performances on the University's campus, in any establishment engaged by the University exclusively, and those sponsored by any organization, such as a fraternity, sorority, social club or similar organization, affiliated with the University which may be located off the University's campus, but is run under the University auspices exclusively for the benefit of University students.

 

05.02  The contracts with the licensing organizations impose a copyright fee on the University for certain major performances. The contracts require that the University furnish these organizations copies of all programs of musical works sponsored by the University or by organizations under its control.

 

05.03  The Dean of Students, the Dean of Fine Arts and Communication, and other administrative heads must submit copies of all programs of musical works performed in all musical attractions under their authority. These officials should submit copies of the programs to the Director of Auxiliary Services or to the licensing organizations on demand. The Director of Auxiliary Services shall, in turn, submit such copies to the licensing organizations. The University is under no obligation to furnish such programs when they have not been prepared.

 

06.       REVIEWERS OF THIS UPPS

 

06.01  Reviewers of this UPPS include the following:

 

Position                                                                      Date

 

University Attorney                                                    May 1 E6Y

 

Director, School of Music                                         May 1 E6Y

 

 

07.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

University Attorney; senior reviewer of this UPPS

 

Special Assistant to the President

 

President