Photocopying and Copyright:

Articles about copyright often focus on what we may not do. "You can't do this." "Don't do that." Or, "you may do this, but only if you pay a fee." No wonder we often view copyright as a negative.

In fact, copyright has had a profoundly positive affect on American society in general and on the creative arts in particular for more than 200 years. You may be surprised to learn that the first United States copyright act was one of the very first laws passed in the first session of Congress in 1790. As technology has changed, copyright laws have been revised and adapted to encourage the creation of new music, books, plays, musicals, films, radio and television broadcasts, and even CD-ROMS.

What is the purpose of copyright?

Copyright is, literally, the right to copy. And the main purpose of copyright in the United States is to produce a public benefit. Period.

That's what copyright is and why it exists. Copyright is a body of laws designed "to promote the progress of science and the useful arts, by securing for limited times to authors... the exclusive right to their respective writings." That comes straight from the United States Constitution.

Surprised? You say you thought the purpose of copyright was to enrich publishers, or to limit your access to music? Wrong. On both counts. In fact, copyright laws foster creativity and the distribution of artistic works. Indeed, the arts flourish in countries with strong copyright laws. And that's the public benefit.

Copyright is a right

In the United States copyright is a right derived from authority granted to Congress by our Constitution. Our founding fathers were big on rights. They granted to creative citizens the exclusive right to their creations. Inventors could obtain patents and writers copyrights. Without that right a writer or composer has no protection against the unlimited free use of his work by others. If everyone has free access to a writer's work, it has no material value. No potential income. The only incentive to create, then, is personal satisfaction.

Now, personal satisfaction is great, but it doesn't put food on the table. Nor does it enable a writer or his publisher to invest in the publication of his writings. Copyright alone creates the financial incentive to publish. And without publication there would be little dissemination of creative works to the public.

Think about it. You may have heard publishers say that photocopying might drive them out of business. There's some truth to that. If copyright laws were repealed tomorrow and photocopies were legalized there would be no financial incentive to publish. With no one required to pay for their product, publishers would cease publication. How long do you think your local gas station would stay in business if everyone could pump gas for free?

We, the public, are the main beneficiaries of copyright laws. And we have a moral and legal obligation to abide by those laws. If everyone ignored copyright laws, the effect would be the same as no copyright laws at all. Copyright makes publication - and the public dissemination of knowledge - possible.

What is my legal responsibility as a musician?

Legally of course, you should follow the guidelines of copyright laws, and here's where the do's and don'ts come in. It begins with not photocopying copyrighted music. Don't order one copy of a choral work and make 30 copies for your choir. Don't copy an instrumental solo from a book in your library for a private student. Don't copy dialogue from the conductor's score of an elementary musical and distribute copies to students. We hope your respect for copyright goes beyond what's legally right. Read on.

What is my moral responsibility as an educator?

Teach your students the principles of copyright and respect for published music. Think about it. Suppose you're in a music store with one of your private students. You would never steal a vocal solo book or a box of clarinet reeds and then say, "It's OK for me to do that. It's only one item, it's for educational use, and besides, everyone does it." Yet that's what you're saying every time you photocopy a piece of music and give it to a student. You're stealing and you're telling your students it's all right for them to steal, too.

Music has value.

You're also saying, in a subtle way, that printed music has no value. "We don't need to pay for this music, class. And if we want more, we don't have to buy it, we can just go to the copy machine and get more."

It's all about respect.

As professional music educators we encourage others to support music. But how are we supporting music when we photocopy music instead of purchasing it? We're not. In fact, we're doing just the opposite. We're sending a message to some of the most creative members of our musical community that we value their creative efforts enough to perform their music, but not so much that we're willing to pay for it. It's as if we're saying to composers, "We'll sing your songs, perform your musicals, and play your compositions but we won't actually buy them. We'll just copy them. We're sorry that you're not compensated for your talents but we hope you'll continue writing music for us because we really enjoy it." How can we expect others outside the music community to support music if we don't support those who create it?

Think about it the next time you're tempted to copy a piece of music instead of buying it. Remember, it's all about respect.

You can find more answers to specific legal questions in Copyright: The Complete Guide for Music Educators, 2nd Edition by Jay Althouse (Alfred Publishing Co., Inc., 10.95. Item number 2-101), available from your favorite music dealer.

This page of information is taken directly from the Photocopying and Copyright: It's All About Respect brochure distributed by Alfred Publishing Co., Inc.