Seeking permission to use music

Most often in my work, I review printed materials and determine whether or not they can be digitized for electronic course reserves or other library services. When I'm asked how to seek permission to use music on a web page I cringe, because the answer is a little more complex and takes me out of my comfort zone. I'll provide some resources here, mostly for my benefit, so I have somewhere to run when a student asks me this question. But remember that there are situations under which copyright law allows "fair use" without permission.

Music permissions are more difficult because there are two types of permissions to seek: one for the performance and one for the original creative work. To request permission from the performer, you'll need to contact one of three performing rights organizations. Performers can only be registered with one and a statement about membership may be listed on the label of the recording:

American Society of Composers, Authors and Publishers
www.ascap.com

Broadcast Music, Inc.
www.bmi.com

SESAC (originally, "Society of European Stage Authors & Composers" and now just SESAC because its scope has broadened)
www.sesac.com

But you must also seek permission for the music itself. The Music Publishers' Association is an excellent resource that has directories and sample permission letters. Many of the record companies will clear rights for music on their labels, so you may also contact the record companies directly. The Harry Fox Agency (www.harryfox.com) is another resource.

Learn more about what you can do with recorded music without permission.

From the RIAA:

Internet Copying

* It’s okay to download music from sites authorized by the owners of the copyrighted music, whether or not such sites charge a fee.
* It’s never okay to download unauthorized music from pirate sites (web or FTP) or peer-to-peer systems. Examples of peer-to-peer systems making unauthorized music available for download include: Kazaa, Grokster, WinMX, LimeWire, Bearshare, Aimster, Morpheus, and Gnutella.
* It’s never okay to make unauthorized copies of music available to others (that is, uploading music) on peer-to-peer systems.

Copying CDs

* It’s okay to copy music onto an analog cassette, but not for commercial purposes.
* It’s also okay to copy music onto special Audio CD-R’s, mini-discs, and digital tapes (because royalties have been paid on them) – but, again, not for commercial purposes.
* Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
o The copy is made from an authorized original CD that you legitimately own
o The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying.
* The owners of copyrighted music have the right to use protection technology to allow or prevent copying.
* Remember, it’s never okay to sell or make commercial use of a copy that you make.

There are sites where you can legally download music.