Are ensembles allowed to film themselves and freely distribute the video to those within the ensemble either “for cost” or at “no cost”? (see the site)
A music teacher can benefit greatly from viewing a performance by his/her students. Students also can benefit by critiquing their own presentation, observing good pointers and improvement opportunities. However, three laudable websites give caution regarding copying a filmed performance.
The ME
NC site states the following: “A single copy of a videotaped performance of your ensemble can be made to keep on file for reference or review. If you want to make multiple copies and distribute them, either with or without charge, you will need permission of the copyright owners for each piece of music performed on the videotape. You will also need permission from parents to have their children videotaped.”
Bands of America has a good article, as well: “School music program directors often offer CDs and even DVDs to students and their families, often to commemorate a school year and, in some instances, to sell them to the community as fund-raisers. These are great ideas, for sure, in that they are great ways to make money for music programs and to create a legacy of the students’ efforts. But, ANYTIME you want to do such projects (other than making one rehearsal tape for analytical or teaching purposes), you must get permission. ” Furthermore, this website notes that will a composition is public domain, the arrangment may not be: “Keep in mind, too, that, even though a piece you want to include on a CD (or DVD) is a public domain work, THAT DOES NOT MEAN THAT THE ARRANGEMENT YOU BOUGHT IS PD; a published arrangement of a public domain composition is still copyrighted by the publisher (to the extent that they have changed/altered the public domain composition) and, therefore, you need to seek permissions for these arrangements.”
The U.S. Government website on copyright says: “Publication of a motion picture publishes all the components embodied in it including the music, the script, and the sounds. Thus, if a motion picture made from a screenplay is published, the screenplay is published to the extent it is contained in the published work.”
Ergo, permission is needed by the publishers of the compositions and also from the parents of the students to copy a performance film. More information can be found at any of the three websites already given.
