MP3 Downloads

[Frazzle]

How do you control MP3s on your network?

We are told students need access to MP3s for their coursework. They seem to download them from various sites but a lot of students are using this as an excuse to build up quite a collection in their home drives and take up lots of space.

[NB9457]

Do students not have a quota set anyway?

[Frazzle]

Do students not have a quota set anyway?

 

They don't have quotas because depending on which subjects they do they need different levels of space. Its the illegality of downloading and keeping such huge amounts of music that gets me. We are told they need some tracks for their coursework but not that many!

[Arreks]

Even if it's for their coursework, I don't think downloading songs (unless it's royalty free) is allowed.. Regardless of how many MP3s are being downloaded!

[Domino]

Could you not have a central share of royalty free tracks they could choose from?

[bossman]

WE only allow downloads from free sites all the rest are blocked, any copyrighted MP3s are deleted without warning and SLT are aware of this and are wholeheartedly behind this,

 

I do believe the Teachers feel that the students will be better engaged with music that they like but unfortunately it is copyright and that is illegal.

 

The remit for the exams is that they are able to embed a sound file not a whole top ten hit! the same with video, we have stated that trying to embed a HD video of around 1.2GB is just not done as it will eventually corrupt the file it is embedded in, again the remit is to show the video clip embedded and this should only be bare minimum clip of a few meg.

 

They have got the message this time after the hammer has been wielded!!

[Frazzle]

WE only allow downloads from free sites all the rest are blocked, any copyrighted MP3s are deleted without warning and SLT are aware of this and are wholeheartedly behind this,

 

I do believe the Teachers feel that the students will be better engaged with music that they like but unfortunately it is copyright and that is illegal.

 

The remit for the exams is that they are able to embed a sound file not a whole top ten hit! the same with video, we have stated that trying to embed a HD video of around 1.2GB is just not done as it will eventually corrupt the file it is embedded in, again the remit is to show the video clip embedded and this should only be bare minimum clip of a few meg.

 

They have got the message this time after the hammer has been wielded!!

 

 

So we are not covered by any licencing that covers music use in schools? Should they only be using Royalty Free MP3s? Is there something in writing that I can throw at the teachers to convince them?

[localzuk]

If the music is BOUGHT, then it can be copied and used for education purposes. However, just grabbing songs randomly off the internet doesn't apply. The school or student has to have bought the song in the first place for it to apply. Bear in mind also, that such use in someone's private study is only covered for "parts" and not whole copyrighted pieces. So, no putting an entire track in their work, but a 20 second clip is acceptable.

 

The licenses and copyright exceptions are there to allow copyright holders to be suitably compensated, whilst allowing educational use.

[tmcd35]

Some interesting reads on the subject:

 

Schools and Copyright

Fair Dealing

Exceptions

 

An defence might be made under either the Critic and Review Exception or the Exception for Performing, Playing or Showing, but it's a bit thin. A successful defence would like need to show proper citations being used and only extracts from the MP3 being included in the review/presentation.

 

The PRS and PPL licences that most schools would probably have cover either performance of a piece as part of music lessons/concerts, or would otherwise require having legit, bought owned MP3's (iTunes/Amazon) or CD's to play back from, not illegally copied or downloaded of a free site.

 

Good luck getting teachers to understand the distinctions...

[LeMarchand]

This seems quite "teacher friendly", but I don't think it covers the usage being discussed! Copyright & Schools: photocopy, scan, screen or broadcast copyright resources in classrooms - simple advice for teachers

[localzuk]

This is the ICO/DfE advice on the matter - https://www.gov.uk/exceptions-to-copyright and https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/375951/Education_and_Teaching.pdf Edited June 5, 2015 by localzuk

[Frazzle]

I found a good article

 

Music

 

Sorry just realised it was already linked by @tmcd35

Edited June 5, 2015 by Frazzle

[Frazzle]

So, no putting an entire track in their work, but a 20 second clip is acceptable.

 

The licenses and copyright exceptions are there to allow copyright holders to be suitably compensated, whilst allowing educational use.

 

Is there a limit set for the length of an audio clip that is permissible? If they are allowed to use 20 second clips then can they still download the entire track but only use 20 seconds of it?

 

I haven't even started at looking at the sites they are using to download these MP3s.

[tmcd35]

No set limits. It would be up to a court to decide whether or not the use was in keeping with the applicable exception or fair use or not.

[localzuk]

There's not a specific limit. Its about "fair dealing" - which is all about balancing whether the use is fair to both the person who owns the copyright and to the student.

 

They can't download the track at all unless it has been bought, or copyright license granted to do so.

[Frazzle]

They can't download the track at all unless it has been bought, or copyright license granted to do so.

 

So I am guessing that when they use mp3vip.org to download we haven't got a copyright licence to allow them to do it.

[Frazzle]

In order for the students to use 20 seconds of audio from an mp3 do they or the school have to own a copy of it in the first place? I use spotify for all my music so never been tempted to download mp3s but I am guessing that all these sites that allow you to download commercial hits without charge are illegal?

[localzuk]

Yes, the school or the student needs to own a copy in the first place.

 

Also, yes, pretty much every single one of those sites is illegal. They skirt around the issue by being in Russia etc, where enforcement is weak.

[Frazzle]

There seems to be lots of info about how you can use music in schools but I haven't found anything in black and white which states that you have to own an original copy of the music in the first place before you can utilise it, ie the 20 second clip in the course work.

[tmcd35]

From the first link I posted

 

'Fair dealing' and 'Exceptions' do not prefer any copy 'rights' on a user; because you are permitted to use a piece of copyright work in a particular way doesn't give you any copyrights over it - which usually means you can't copy it on - put it on a website or add to the school resources for others to use.

 

From the site @LeMarchand linked to:

 

Sourcing of music

Please note the following guidelines on the use of electronic formats of music. The following sources can be used

Legally purchased downloads on condition that the usage complies with the Digital Rights Management (DRM) rules accompanying the download. For example, if the download is restricted to being held and played back from a specific PC or MP3 player, the public performance has to be sourced from that PC or MP3 player. If the download rules allow the track to be burned to a CD, that CD can then be used for public performance in the same way as any conventional commercial CD.

Licensed streamed non-interactive internet radio services (this would include the Internet broadcasts of licensed commercial radio stations such as Capital, XFM etc, as well as internet-only radio services that have the correct licences in place).

[LeMarchand]

There seems to be lots of info about how you can use music in schools but I haven't found anything in black and white which states that you have to own an original copy of the music in the first place before you can utilise it, ie the 20 second clip in the course work.

 

From the site I linked to:

 

Sourcing of music

 

Please note the following guidelines on the use of electronic formats of music. The following sources can be used

 

 

1. Legally purchased downloads on condition that the usage complies with the Digital Rights Management (DRM) rules accompanying the download. For example, if the download is restricted to being held and played back from a specific PC or MP3 player, the public performance has to be sourced from that PC or MP3 player. If the download rules allow the track to be burned to a CD, that CD can then be used for public performance in the same way as any conventional commercial CD.
   
2. Licensed streamed non-interactive internet radio services (this would include the Internet broadcasts of licensed commercial radio stations such as Capital, XFM etc, as well as internet-only radio services that have the correct licences in place).
   

 

Though in case (2) I would imagine that you would have to be playing the track "live" as no doubt the broadcast T&C preclude downloading.

 

As an old fogey, I'd just tell 'em that if they think they're so blasted creative, they can compose their own music!

 

Edit: Too slow!

Edited June 5, 2015 by LeMarchand
Curse these fingers!