Music is heard on campus in many different situations. Most music is legally protected by copyrights, so navigating copyright law as it impacts the varied uses of music can be a struggle for colleges and universities.
Music copyrights are not dealt with on a daily basis on most campuses. Various departments or administrators may share responsibilities for this area, and staff turnover may leave a new person in charge with little information about the steps the institution needs to take to comply with copyright requirements.
The American Council on Education (ACE) and NACUBO have issued a joint report, "Use of Copyrighted Music on College and University Campuses," on how campuses might handle music copyright issues.
The report is intended as an overview and should not be used as a substitute for the advice of informed legal counsel.
Download the report
- "Use of Copyrighted Music on College and University Campuses" (PDF)
- "At a Glance: Music Copyrights on Campus" (PDF)
Potential Music Copyright Scenarios and Responses
What do you want to do?
- Play live music - as a soloist or as part of an ensemble - that fulfills an educational purpose
- Play music in a lecture, studio, lab, rehearsal, or concert
- Perform a play, musical, opera, or other staged work
- Play music that is not required for degrees or courses in music - live or recorded - in the student union, fitness facility, or during a sporting event, awards ceremony, skit, or student organization event or party
- Use music as part of a commercial or YouTube video
- Sell a CD of a student organization singing popular songs
- Play music over the college radio station
- Play music using a jukebox
Peer-to-Peer File Sharing
One of the biggest copyright issues today is peer-to-peer file sharing, where music, movies, and other copyright-protected works are shared over the Internet without regard to copyright. For colleges and universities, file sharing activities of students are of concern because of the large amounts of network capacity used by file swappers, compromised network security caused by the peer-to-peer network protocol, and use of campus resources for illegal activities. Congress addressed the issue in the Higher Education Opportunity Act of 2008, requiring colleges and universities that receive federal student aid funding to establish policies on peer-to-peer file sharing (or P2P, as it has become known).
- EDUCAUSE P2P Resource Page
- Department of Education "Dear Colleague" Letter on HEOA Requirements (June 4, 2010)
- Joint Committee of the Higher Education and Entertainment Communities Technology Task Force
- Few Changes Made to Final HEOA Rules
(November 9, 2009)
- ED Releases NPRM on General and Non Loan Issues
(August 21, 2009)
- File-Sharing Bill Harmful to College and Universities
(October 17, 2007)
- BMI Rates Under College License Clarified
(February 3, 2006)
- Colleges Fight Acacia’s Patent Claims to Online Audio and Video Use
(August 25, 2004)
- Paper Outlines Efforts to Thwart Illegal File Sharing
(April 8, 2004)
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- ON-DEMAND: Title IX: Key Issues Surrounding Institutional Compliance
- ON-DEMAND: NACUBO Live! Higher Education Accounting Forum
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