Fair Use

[Theopolitan]

Hi.

I posted here about a year ago under a different name, but I can't remember what it was so I just re-registered.

I am organizing a choir to perform a Christmas Cantata. The company from which I ordered some material prohibits copying the listening tape. (A listening tape is a recording of a performance for the purpose of learning the Cantata.) But buying multiple copies-even with their discounts-really adds up. (We have a very small budget.) I want to make multiple copies of the listening tape so the individual members can practice at home on their spare time.

The church will not benefit monetarily from the performance of this program. We will not receive one red cent.

Is this use protected under the Fair Use section of the U.S. Code?

I'm in Missouri. I ordered the materials from Tennessee.

Title 17
Chapter 1
Sec. 107. Limitations on exclusive rights: Fair use

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 The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

 

[loku]

You quoted the applicable law. I frankly have not looked up the cases to see if what you are doing would be considered “teaching” and therefore specifically exempted. If not, it could be exempted as a fair use by applying the 4 tests you cited. The application of these tests is a matter of balancing and judgment. I would be very very surprised if a court would hold against you on this. I would be even more surprised if the owner of the copyright would try and sue you on it. That would not be very good public relations.

 

[Theopolitan]

loku,

Thank you for your reply. I share your sentiments, however I want to do the right thing. It seems that the copying would not be protected, but I'm not sure.

Can you (or anyone) suggest wording for a letter to ask permission to copy from this company?

Thank you.

 

[HomeGuru]

My opinion is that you should interpret your instruction and the choir members learning as an educational or "classroom teaching" matter, therefore such actions would fall under the fair use exemption.

 

[loku]

If you would feel better with permission, I would suggest you simply write a letter, explaining your intended use as you did in posting your question, and asking for permission for such use. There is no legal formality required; just make sure you are accurate in the details.

 

[HomeGuru]

I agree with loku.

 

[Theopolitan]

Thank you for the "general information."