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For other uses a range of collecting societies will need to be approached. For example to digitise scores that are in copyright or include sound recordings in a multimedia repository for research purposes the Music Publishers Association should be contacted.

3.6.3 Inclusion in a multimedia repository

A multimedia repository could be a useful management tool to manage access to music and maintain records of use and rights, but the music industry assiduously guards its intellectual property rights.

While it is permitted with limitations to use music in the course of instruction or for examination there is very little else allowed under the exceptions. As a few seconds of a work can be so characteristic relying on fair dealing is problematic. To use music for other purposes, including showing work prepared for examination or research, requires permission or licences from a variety of sources, unless the institution owns the intellectual property rights. Any such ‘showing or performance’ is likely to contravene the law.

Regardless of whether a work is in the public domain a licence from the Performing Rights Society may needed. As public communication is a restricted act access will require authentication. The provisions of fair dealing for criticism and review should cover publication of research work provided the recording is publicly available.

Case study Material: Music scores, held at School of Music, Leeds University Purpose: to manage, encourage use and facilitate preservation. Issues:

  • Must ascertain the copyright status before digitisation as any reproduction will potentially infringe copyright. This may include the investigation of the edition to be used for reasons of publication right or editorial contribution to the edition which may confer its own copyright

  • Authors alive in 1989 and later need not be credited

  • Can only publish or ‘communicate to the public’ those works that are out of copyright and where any publication right has also expired.

Dance files

  • Consider performing rights even of students, perhaps rights in background music

  • Copyright in the recording – done with permission for final and all possible uses.

  • Cautious approach would be to share the dance files with similar legally recognised educational establishments.

    • 3.7

      Photographs and cinematographic works (films)

Photographs and films are another complex area in that the law has changed significantly at different times, both in the copyright ownership and the period of protection. Photographs were not protected under the Universal Copyright Convention, 1971 whereas the Berne Convention did protect them. There is debate about the level of originality in a photograph required for protection but it generally thought they do qualify for protection in the UK although they may not do so in other jurisdictions.

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