Question 1 (a)

1(a) Which of the following scenarios would best enable you to reproduce one of the Charlie Parker tracks (recorded in 1955) and make available via VLE?

	Scenario 1:	As Charlie Parker’s performance is out of copyright (duration of protection for a performance is 50 years) and the recording is out of copyright (duration of protection for a recording is 50 years), I can reproduce and make available the work (Charlie Parker track) in question.
Incorrect answer : There are other considerations before you can reproduce and make available this recording. Both the music and lyrics are protected for a term of 70 years from the death of the author and would need to be cleared. See also Categories of works and periods of protection.
	Scenario 2:	I can reproduce the track for educational purposes because it is being used for instruction/teaching. Both s.32(1)(Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or preparation for instruction, provided the copying is done by the person giving or receiving instruction is not done by means of a reprographic process is accompanied by a sufficient acknowledgement and provided that the instruction is for a non-commercial purpose) and s.34(2) (The playing or showing of a sound recording, film, broadcast or cable programme before such an audience at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright) of the Act would enable me to copy the track and put in the VLE.
Incorrect answer. Surprisingly there are limited permitted educational uses of copyrighted works. You would not be able to utilise s.32(1) as this would not cover use of the Charlie Parker recording (sound recording which is defined in s.5(1) of the ‘Act’). s.32(1) (tends to mean paper) provides that literary, dramatic, musical or artistic works may be copied by instructor/teacher, but such copying merely extends to what is called ‘chalk and talk’ – copying onto blackboard, or instructor copying onto his/her notepad for purposes of instruction. Students (or those receiving instruction) may also copy onto their notepads etc. No reprographic copying permitted. Neither could you utilise s.34(2) (which covers playing or showing of recordings in educational establishments for purposes of instruction). This is because placing the recording in a VLE and making it available to students accessing from outside of the educational premises (for the present) does not fall within sections 34 of the Act (performing, playing or showing work in the course of the activities of an educational establishment). See also Educational Copying.
	Scenario 3:	As educational exceptions (s.32 (1), (2) and s.34 (1), (2) in the ‘Act’) do not apply to the VLE, the music would need to be cleared. You should examine four layers of copyright existing in a musical sound recording: The lyrics – in this instance there are no lyrics (copyright protection for lyrics is 70 years from the death of the author). The music – in this instance the music is still in copyright (copyright protection for music is 70 years from death of the author – the author died in 1955). The performance – in this instance the performance took place more than 50 years ago and therefore is no longer protected. The sound recording – in this instance the recording took place more than 50 years ago and therefore is no longer protected. See also Categories of works and periods of protection.
Correct answer : As educational exceptions do not apply to the VLE, the music would need to be cleared. If you play music in your business or want to include it in your product you need clearance to do so from the owners of that music. MCPS-PRS Alliance represent the owners and can get you the clearance you need. They are not-for-profit organisations, enabling you access to the world’s music in the most efficient way. It is worth noting that in some instances the use of production music in place of commercial music could be considered. Production music (or library music) is music specifically written for inclusion in audio and audio-visual productions. MCPS-PRS Alliance will be able to help with initial clearance costs/licensing. http://www.mcps.co.uk. Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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The correct answer is Scenario 3: As educational exceptions do not apply to the VLE, the music would need to be cleared. If you play music in your business or want to include it in your product you need clearance to do so from the owners of that music. MCPS-PRS Alliance represent the owners and can get you the clearance you need. They are not-for-profit organisations, enabling you access to the world’s music in the most efficient way.

It is worth noting that in some instances the use of production music in place of commercial music could be considered. Production music (or library music) is music specifically written for inclusion in audio and audio-visual productions. MCPS-PRS Alliance will be able to help with initial clearance costs/licensing. http://www.mcps.co.uk.

Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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Exercise 2

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Question 1 (a)

Correct Answer