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General Chat Thread, Music on school networks in General; Hi Everyone, Just wondering if you have information on students downloading music on to the network. I have always said ...
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    mattstevenson2005's Avatar
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    Music on school networks

    Hi Everyone,

    Just wondering if you have information on students downloading music on to the network. I have always said no because of copyright etc.. but because of the changes of courses e.g. DIDA/OCR they are required to add and edit music for their coursework just wondering what everyone else’s policy is on this matter and what you are doing to get round this problem?

    Cheers

    Matthew

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    Our teachers use free music resources made available through the LGfL, and there are a few sites which offer "creative commons" licenced music of a reasonable standard (even if it is not current chart singles), equally a child may play an original CD alongside their music if they wish.

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    DevilsAdvocate's Avatar
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    Most of the sound clips used here come from YouTube clips the kids have downloaded. Don't really mind them doing this as it stops them copying whole albums onto the network!

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    Andrew_C's Avatar
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    If they have composed / performed the music then there is no problem.

    If they are supposed to be working on someone else's copyright material, I'd be inclined to bounce this back to OCR. They are probably the only organisation involved in this with the clout/legal dept to negotiate permission from the rights-holders.

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    amvc's Avatar
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    Free and legal music downloads - Jamendo is another one which provides free music, and a nice variety of it as well.

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    p858snake's Avatar
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    The creative commons seach engine should also be helpful.

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    enjay's Avatar
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    I thought there were copyright exceptions covering educational use of copyrighted material, anyway. That said, that still doesn't give the students any rights to edit it though, right?

    As an aside, the downloaded music could still be legal, if that was the only copy of the file (unlikely, I know, but not impossible).

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    My understanding is that it is legal for the school/child to use the work in it's original form, i.e. on the CD it was originally distributed on (not a copied CD, not an MP3), or in an edited form with the appropriate permissions from the artist's representative or by virtue of an appropriate licence (some of the creative commons licences which allow re-mixing and other alterations).

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    bossman's Avatar
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    @NickJones:

    I have been investigating the so called "Educational License" which keeps getting pulled out by Teachers and it is a total fabrication bourne from the media rights given to photocopying in education in 1980 which allowed "Fair Trade", this amounted to being able to photocopy 10% of books content or an individual page for educational purposes.

    This it seems has been added to by the teaching fraternity without any hard evidence to back it up, that students and themselves can download digital copyrighted material without having to ask for permission to use it and store it on the schools servers.
    I am in the process of getting something in writing from our LA to either verify or deny the right to do this. As of 3 days ago I am still waiting for someone to get back to me.

    I won't hold my breath..........

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    enjay's Avatar
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    @bossman - try Intellectual Property Office - Permitted uses of copyright works - teaching in educational establishments

    This states that anything copied for purposes of "setting or answering exam questions" is exempt from copyright.

    WRT this issue, it also states that a performance is permitted, so long as "the audience is limited to teachers, pupils and others directly connected with the activities of the establishment. It will not generally apply if parents are in the audience."

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    The Intellectual Property office has something to clarify this a little

    From the IPO -
    Copying a literary (written), dramatic (theatrical performance), musical or artistic work (paintings, drawings, photographs, etc) in the course of teaching as long as a reprographic process is not used (reprographic process means using a fax machine, photocopier or any appliance which makes multiple copies). Therefore, this exception could cover teachers writing material on the board or an overhead projector and students making their own copies by writing, painting, typing, etc.
    Anything done for setting or answering examination questions (this does not include photocopying music that is to be performed in an exam)
    Performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment. It will not generally apply if parents are in the audience. Examples of this are showing a video for English or drama lessons and the teaching of music. It is unlikely to include the playing of a video during a wet playtime purely to amuse the children.
    Recordinga TV programme or radio broadcast for non-commercial educational purposes in an educational establishment where there is no licensing scheme in existence. Generally a licence will be required from the Educational Recording Agency
    So the way I see it, downloading a digitally copyrighted file is done using a device which can make multiple copies (computer), and is therefore a reprographic method. This means that the educational license exceptions wouldn't apply.

    The rules seem quite clear on what is allowed, and most textbooks specifically state that they can be copied in part for educational purposes, suggesting that it isn't a default permission.

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    john's Avatar
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    Very interesting, if anyone gets it clear cut from there LEA I would be interested. I was asked by a teacher the other day what is the rule on them showing a 3 minute clip from The Simpsons at a start of there lesson, I said AFAIK unless we had a PRS/PVS?! Licence (forgot its name but it was P something or other) then it was illegal and they were really I thought we could do or show anything we liked.

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    Interesting thread ( yes it really is this time o' the night, and yes I am still working and no they wont appreciate it). I can't wait 'till the end of term when they get out there movies and whatnots. Wonder if SLT will remember the memo I sent them saying we were breaking the law and that "..we're teachers.." really wouldn't stand up in court

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    bossman's Avatar
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    @NickJones:

    Yes but it also say's this:

    Copying a literary (written), dramatic (theatrical performance), musical or artistic work (paintings, drawings, photographs, etc) in the course of teaching as long as a reprographic process is not used (reprographic process means using a fax machine, photocopier or any appliance which makes multiple copies).

    or any other appliance which makes multiple copies I would presume this to mean a computer or other digital means of which multiple copies can be made.

    I think a good legal team would make this stick in a court of law.

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