Using Recorded Music

Decision Process

Can I Use It? A Map of the Issues
Published by the University of Minnesota


1) Is the work digital?

Digital works are nearly always governed by a license agreement or "terms of use." These terms trump copyright. If there is no license, proceed to step 2.

2) Determining whether the work is protected by copyright

Copyright Term and the Public Domain in the United States
Published by Cornell University

If you are trying to determine whether or not an item is still under copyright protection, this chart will help you. There are also many important resources listed in the footnotes, including links to other useful copyright tools. As you work through this process, search Copyright Records, Copyright Renewal Records, and Copyright Renewal Registrations (1950-1977) to determine current copyright status.

3) Is the intended use fair?

Thinking Through Fair Use
When deciding whether or not individual uses of copyrighted material falls under fair use, you must weigh four factors: 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copyrighted work (U.S.C Title 17, Section 107).

4) Does the library have licensed copy that you can link to?

Check the library's catalog and journal holdings to determine if there is a copy of what you need to use or distribute. Whenever possible, link to these sources rather than downloading and uploading.

  • Catalyst
    Use the "Material Type" dropdown next to the search boxes to select "Audio"
  • ASCAP licenses musical works.
    Search the ASCAP repertoire to see if they maintain the licensing rights for the work you wish to broadcast. Carleton College has a license with ASCAP that allows us to broadcast ASCAP titles on Carleton-owned media (no social media, such as YouTube or Facebook). For additional rights, you will need to obtain a separate license.
  • BMI licenses musical works.
    Search the BMI repertoire to see if they maintain the licensing rights for the work you wish to broadcast. Carleton College has a license with BMI that allows us to broadcast BMI titles on Carleton-owned media (no social media, such as YouTube or Facebook). For additional rights, you will need to obtain a separate license.
  • Additional sources of free online music
    A list of licensed and free music, maintained by the librarians at Carleton's Gould Library

You may also want to create links to library resources that would work for faculty, staff, and students who are off campus. This page includes a tool to "Create EZproxy Links," which will allow people who are off campus to log in for access.

5) If necessary, get permission

Please see our Requesting Permission page for assistance if you wish to use copyright-protected material in a manner that does not qualify as Fair Use or that you cannot link to from the library's resources.


Guidelines

Music Library Association Copyright Guidelines