Module 4.1 concerns copyright issues in schools. Copyright is the set of rights held by the creator of a creative work (National Copyright Unit, n.d.c). While the teacher librarian is not responsible for policing copyright, they are responsible for educating the school community about their copyright obligations and providing information about changes to copyright law as appropriate. It is also generally the responsibility of the teacher librarian to keep a record of any copyright transactions or applications. This was an interesting piece of information that I had not previously been aware of. I had thought it the responsibility of the person applying for use of a work who would keep the records, but of course, it stands to reason that a central place for maintaining such records would be needed and, as the information specialist in the school, the teacher librarian is, in my view, the most logical choice.

Module 4.1 suggests reviewing information regarding the use of music in schools. I have chosen to investigate two aspects of this that are commonplace in my school to determine whether current practises are satisfactory and if so, which part of the Act is to be relied upon to justify the use from a copyright perspective. If current practises are found to be inconsistent with the requirements and obligations, what changes should be made to ensure the school is meeting its statutory obligations? The two questions I have selected are:

Can students perform pieces of piano music at school assemblies during movement and transition times?

Can the band master provide copies of sheet music to all members of the school bands?

In relation to the first question, currently individual students are invited to entertain the assembly while classes are lining up and taking their seats and again while classes are dismissed at the end of the assembly. They are not provided with sheet music, though some do bring it with them, and they are not instructed as to the piece/s they play. Students generally perform the pieces on the piano. Assemblies are attended by students and teachers and are not recorded or communicated in any way. Initially, I thought this activity might be covered under section 28 of the Australian Copyright Act, however, upon closer reading, this exception only applies when there is an educational purpose. However, the performance would be covered under the APRA License, which is an agreement with the Australiasian Performing Right Association allowing students and staff of all public schools, Catholic schools and most independent schools to perform (but not necessarily communicate) music live at any event connected with school activities (National Copyright Unit, n.d.b).

The second question of whether the band master may copy and distribute sheet music to all members of the band has intrigued me for some years. When I was a student in primary school I noticed that the band members were issued with folders containing the music needed for that year’s program, but had to hand it back at the end of the year. I wondered why this was so. Later, as I began working in schools and had contact with more than one school’s bands, I noticed that this practise seemed to be the norm. I suspected that copying the sheet music in its entirety would be infringing copyright and therefore, the school must have had to purchase multiple copies for each student to have one. It would make sense for those copies to have been reused each year, much as sets of textbooks were. It turns out, though, that schools may, under the AMCOS Agreement, make copies of legitimately obtained sheet music (National Copyright Unit, n.d.a). However, schools are limited to 30 copies of each original.

References

National Copyright Unit (n.d.a) Copying sheet music in schools. Retrieved from http://www.smartcopying.edu.au/information-sheets/schools/copying-sheet-music-in-schools

National Copyright Unit (n.d.b). Performing and communicating music in schools. Retrieved from http://www.smartcopying.edu.au/information-sheets/schools/performing-and-communicating-music-in-schools

National Copyright Unit. (n.d.c). Smartcopying: 1.1 What is copyright?. Retrieved from http://www.smartcopying.edu.au/copyright-guidelines/copyright—a-general-overview/1-1-what-is-copyright-