At any event where music is being presented, there is an owner of that music and they have the right to be compensated for its use. Copyright law exists not to restrict creativity, but to protect it, so creators can keep producing the songs and stories our students connect with every day.

For every pep rally soundtrack, halftime show, or livestreamed choir concert, someone created that music, and someone owns it. Copyright law exists not to restrict creativity, but to protect it, so creators can keep producing the songs and stories our students connect with every day.

Copyright protection begins the moment a work is fixed, meaning written down, recorded, or saved digitally. The moment a person writes a melody or records a beat, it is protected. Registration of that work, which requires filing a formal application and submitting a copy of your work to a government agency, is never required; but formal registration provides the copyright holder legal and financial advantages based on the official public record of ownership.

Copyright grants creators six exclusive rights, meaning others need permission to exercise them.

1. The right to reproduce the work.

2. The right to create derivative works (like arrangements or remixes)

3. The right to distribute copies.

4. The right to publicly perform the work.

5. The right to publicly display the work.

6. The right to transmit audio digitally, digital transmission.

Copyright rarely belongs to a single person. A composer creates a piece… a publisher acquires rights… a record label produces a recording… and schools purchase copies for specific uses. Purchasing a copy does not transfer the underlying rights. Buying a CD, download, or streaming subscription grants you the right to listen privately, not to perform publicly.

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or the copyright owner has relinquished their copyright protections. Works in the public domain may be used freely without the permission of the copyright owner.

Every January 1st, the United States and other countries around the world have a “Public Domain Day.” On this day, a new batch of creative works enter the public domain and will be free to use, copy, remix and share. To learn more about what is available within public domain, click here to visit the Duke University Center for the Study of the Public Domain.

Copyright is important for everyone as it protects an artist’s work and promotes creativity; however, when the copyright term ends, public domain allows works to be preserved and accessed by all. Due to the length of copyright, many works do not make it to the public domain in a lifetime. This can lead to cultural heritages becoming lost due to creative works going out of circulation before they are free to use by the public. We celebrate Public Domain Day and look forward to a new generation of artists and creators bringing a new life to these works, while in the process building upon a rich culture.

Co-curricular school programs all over the country should investigate what is now in Public Domain to best utilize it for their plays, teams, ensembles and assemblies.

U.S. Copyright Act’s Section 110

Educational exemptions grant educators, students, and academic institutions the ability to use copyrighted materials for academic purposes without explicit permission from copyright holders under narrow and specific rules. Understanding them helps you support teachers while safeguarding your school. 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.

The face-to-face teaching exemption allows teachers in nonprofit educational institutions to perform or display copyrighted works in the course of live, in-person teaching.

• Playing a commercial recording in a music classroom for analysis

• Showing a brief film clip for discussion

• Reading (not copying) a copyrighted poem aloud as part of instruction.

But here’s the key: this exemption applies only inside the classroom and only to enrolled students. As soon as the audience includes parents, community members, or the public, the exemption ends, and performance rights apply.

Distance-Education Exemption (TEACH Act) is for online or hybrid classes, allowing teachers to stream limited performances or displays to enrolled students if:

• Student are formally enrolled and have a school email address,

• Access is password-protected,

• Material is tied directly to instruction, and

• The school’s system limits retention and unauthorized sharing.

Posting a rehearsal video on YouTube, even as “unlisted”, is not covered.
TEACH Act exceptions apply only inside controlled instructional platforms.

Emergency Copying Exception allows limited copying of purchased music to replace a missing part for an imminent performance.

But temporary means temporary. Replacement copies must be purchased, and the temporary versions destroyed once the new purchased copies arrive. This exception can’t be used for convenience or to avoid buying additional sets.

ADA / IDEA Accommodations applies when a student requires an accommodation under the ADA or IDEA, you may reproduce copyrighted works to meet accessibility needs. Large-print parts, Braille versions, or modified layouts are allowed when documented in a student’s IEP or 504 plan.

These accessibility-based copies must not be shared with other students and should be retired after use.

“Fair use” provisions allow limited use of copyrighted materials for specific purposes.

Fair use, is applied on a case-by-case basis and is complicated. Contact your legal council with questions. The only person who can determine fair use is a judge. Educators are not able to determine fair use.