The issue is this—someone owns that music, and your school needs a license to publically use the music. The classroom use was probably okay, but public broadcast is not. Without a license, you are violating copyright law.
You need music clearance to use that piece of music.
Music is intellectual property that is protected by US Copyright law. It is usually owned by music publishers and record companies. According to the music clearance company EMG Inc. You need permission to use music if you are, to name a few:
- Making copies of the music
- Creating a new work based on existing music
- Distributing copies to the public by sale, rental, lease, or lending
- Performing the music publicly
You don't need clearance when:
- The musical work is in the public domain
- Live performance of music in an ASCAP/BMI/SESAC licensed setting (without sets or costumes)
- Live performance of music in the context of a religious service, in a church, synagogue or other place of worship
- Use of music in face-to-face classroom teaching;
- Excerpting a limited portion of music for purposes of review or criticism
Your students' projects could be classified as face-to-face classroom teaching. But when you move that video to a wider audience—the Web—you are putting that video and music out into the public.
Public domain is another tricky issue. Yes, that song debuted in 1921. It's old. It's in the public domain. Probably. Maybe.
In the US, works created after 1978 become public domain 50 years after the death of the last surviving author. The 1909 law applies to everything else, which means 75 years after its publication date a piece becomes public domain. EMG Inc., says there are exceptions, such as protected editions, arrangements, and recordings.
How do I get clearance? Here are some options:
- Go through the procedure of securing rights
- Purchase low-cost, royalty-free music
- Subscribe to a music service
EMG has a handy guide to do-it-yourself clearance here. Companies like royaltyfreemusic.com offer what's often called "canned" music of a variety of genres. You can purchase specific tracks for ten bucks, a whole CD of music, or sign up for a subscription. The site even has free tracks. Rumblefish Music Licensing Store also offers a variety of genres, much by independent bands and artists. There are many more—just Google "music licensing" to find them. All of these licensing sites have music players so you can listen before you buy.
There is a ton of music out that that is free or inexpensive to use. But remember, for the most part, someone owns it, and you need permission to use it.
