Administrative Rule No: 4030-03

Title: Copying Music for Classroom and Instructional Use

Purpose
To provide guidance to faculty, staff, and departments at Linn-Benton Community College regarding the use and copying of musical works for the instructional setting.

Statement
It is the intent of Linn-Benton Community College to adhere to the provisions of copyright laws in the area of copying music. The guidelines outlined here are guidelines only and should be used in conjunction with the copyright law of the United States of America, specifically Section 107: Fair Use, in determining what is and is not permitted.

Public domain works and editions may be used without regard. For copyrighted works, each director or dean is responsible for establishing practices that enforce the copyright policy at the department level. Each person will be held individually responsible for following the established copyright policy and administrative rules. If there is an original copyright notice, it must appear on all copies of the work. No work shall be copied without attribution. The LBCC Library can assist in obtaining required permissions for use of copyrighted material.

Permitted

  1. Copying for a performance
    1. Emergency copying is allowed only if the purchased copies are not available for a performance. The photocopies must then be destroyed.
  2. Copying for academic purposes
    1. Single or multiple copies of excerpts may be made if the copy is less than 10 percent of the whole work and if it is not a performable unit such as a selection, movement, or aria.
    2. Purchased music may be edited if the fundamental character of the work is not distorted or the lyrics altered or added if none existed.
    3. A single copy of an entire performance unit can be made if it is out of print or unavailable except in a larger work. It can't be used for a performance.
    4. A single recording may be made for aural exercises or tests and may be retained by the school or teacher.
    5. A single copy may be made as a free service for the blind.
    6. A single copy of a student performance may be made for study and for the archives.
    7. A single copy may be made for preservation or replacement in the LBCC Library when copies are not available for purchase.

Prohibited

  1. Copies may not be made to create, replace, or substitute for anthologies, compilations, or collective works.
  2. Copying of or from works intended to be "consumable" in the course of study or teaching such as workbooks, exercises, standardized tests and answer sheets, and like material.
  3. Copying for the purpose of a performance except as outlined under "COPYING FOR A PERFORMANCE" above.
  4. Copying shall not:
    1. Substitute for the purchase of books, publisher's reprints, or periodicals;
    2. Be directed by higher authority;
    3. Be repeated with respect to the same item by the same teacher from term to term.

Date of Adoption: 4/6/93
Dates of Revision: 10/13/16
Dates of Last Review: 10/13/16; 4/2/2020; 04/30/24