20 www.onlinemag.net At California State University– 2. The Online Infringement Liability Northridge (www.csun.edu), we recently started Limitation Act, which creates limitations on filming short promotional videos for our students the liability of online service providers for and faculty. These are available on the Oviatt Library copyright infringement; DMCA does not website (http://library.csun.edu) and through You- prevent materials being used under fair use Tube (www.youtube.com/user/OviattLibrary). The clips were sufficiently informational, but a little dry, The idea of fair use is frequently noted regarding so we thought adding music would make them copyright, particularly for educational and nonprofit more lively. organizations. Here are the four components of fair use: Unfortunately, we realized that when it came to 1. The purpose and character of the use, music, we had no idea what we could legally use. including whether such use is of a Could we feature tracks from CDs that the library commercial nature or is for nonprofit owned? Could we use files from subscription data- educational purposes bases such as Naxos? Could we grab files off the 2. The nature of the copyrighted work internet and claim fair use? We were at a loss. It 3. The amount and substantiality of the portion required some deep investigating to come up with an used in relation to the copyrighted work as answer with which we were comfortable. In response a whole to this now common situation, and to help other 4. The effect of the use upon the potential librarians who probably have the same questions we market for or value of the copyrighted work did, this article begins by explaining basic copyright law and then reviews three sites for obtaining legal Thus, in order for something to fall under fair use, songs and sounds for use in online videos. it needs to meet all four of these statements. (CC) licensing has demystified some aspects of copyright, although it hasn’t erased every intellectual property issue or eliminated every Outside of fair use and the DMCA is the public bit of copyright confusion. In her January/February domain. You can use works in the public domain for 2010 ONLINE article (“Creative Commons: Copyright any purpose, even for profit. However, while one piece Tools for the 21st Century,” pp. 18–21; www.infoto of work might be in the public domain in one format, day.com/online/jan10/Gordon-Murnane.shtml), it is possible for others to be under copyright. For Laura Gordon-Murnane gives an excellent overview example, the printed music of a Mozart symphony of the CC movement. CC intends to help content cre- could be in the public domain, while a recent record- ators define how and to what extent others may use ing of the piece would still be under copyright. their works, whether it is in a commercial or non- In his book The Public Domain: How to Find & Use commercial fashion. Gordon-Murnane points out Copyright-Free Writings, Music, Art & More, third edi- that problems still exist with CC in terms of time lim- tion (Berkeley, CA: NOLO Press, 2006), attorney its, noncommercial usage, and derivative works. Stephen Fishman clarifies a number of key issues When creating their own content, we think librarians surrounding the use of sound files. Some of the high- should seek out resources with CC licensing and, by lights include: the same token, consider adding a CC license to their To record a song that is under copyright, an individ- own works. ual needs to pay “mechanical royalties” (permission to reproduce musical works onto tapes or CDs), but a DCMA AND FAIR USE song in the public domain (such as “Camptown Races”) There are a number of different laws that affect the can be recorded and/or performed without any fees. use of sound files, including the Digital Millennium Very few sound recordings are in the public Copyright Act (DMCA), which has five parts. DMCA domain. Fishman writes, “state protection for re- is specific to online music distribution. Of the five cordings made before February 15, 1972 must end no parts, the first two are the most relevant: later than February 15, 2067. At that time, all music 1. The World Intellectual Property Organization recorded before 1972 will enter the public domain.” (WIPO) Copyright and Performances and He adds that “[a]ll sound recordings published—that Phonograms Treaties is, distributed to the public—on or after February 15, > NOV | DEC 2011 21 Comparison of Major Features of , RoyaltyFreeMusic.com, and Partners In Rhyme

Magnatune RoyaltyFreeMusic.com Partners In Rhyme

Cost 3 months/$45 1 month/$299.95 Varies, depending on collection. 1 year/$156 1 year/$699.95 “Mega Download”/$9.95 (includes Lifetime/$240 Free for educators with link exchange limited royalty-free SFX, loops, and backgrounds)

Number of tracks 14,000 12,000 for commercial use; 1,000s in collection; much more limited “Free for Mega Download more limited: Educators” collection 2,300 SFX, 55 music loops, and 96 background loops

Formats MP3, WAV, FLAC, MP3, WAV MP3, WAV AAC, Ogg Vorbis

Genres Alt rock, ambient, Blues, classical, country, easy Entire collection: ambient, classical, electronica, listening, hip hop, and many more classical, country, rock, jazz, and hip hop, and more more; mega download tracks: mostly ambient

Search capabilities Search by genre; Basic keyword; search for individual Basic keyword using Google basic keyword search track and FX; search by style, tempo, Custom search; browseable functionality category, mood, genre, and by genre instruments; but free version more limited—categorized but not searchable

1972 and before 1978 are protected by copyright for 95 years COPYRIGHT FOR FILMMAKERS from the publication date.” Another attorney, Michael C. Donaldson, wrote Clearance Government recordings (spoken word, not music) are in & Copyright: Everything You Need to Know for Film and the public domain and are available at the National Television, third edition (Los Angeles: Silman-James Press, Archives for anyone to use. 2008), a useful resource because librarians and filmmakers Fishman’s book provides two other useful observations: have a surprising number of traits in common. Librarian 1. Works on the internet are not automatically in videographers share with independent filmmakers limited the public domain. resources and the need to observe music . 2. The presence or lack of a copyright notice Donaldson explains the process of “clearing” a song for is meaningless. use. If a recorded song is not in the public domain, permis- sion must be granted and, in some cases, royalties paid Fishman also includes a lengthy appendix of more than before you can use it in your library video. He recommends 450 songs that are in the public domain, including “Danny several organizations for handling the clearance process, Boy,” “Home on the Range,” “Yankee Doodle,” and “I’ve assuming you don’t want to do this yourself. Been Working on the Railroad.” Further, he explains a num- In Los Angeles, there’s Music Reports, Inc. (www.music ber of case studies and offers advice on retaining legal reports.com), The Music Bridge, LLC (www.themusicbridge counsel should a copyright problem arise. [There is a fifth .com), and Evan M. Greenspan, Inc. (EMG, www.clearance edition of the Fishman book, published in 2010, and a fourth .com). In New York, he cites BZ/Rights & Permissions, Inc. edition, published in 2008. Neither includes the appendix of (www.bzrights.com) and Diamond Time (www.diamond songs in the public domain. Nolo Press declined to give a rea- time.net). For Canadian rights, Donaldson opts for son for the exclusion. —Ed.] Copyright Music & Visuals (www.copyrightmv.com). He also

22 www.onlinemag.net Creating the Right Soundtrack: Legal Music Clips

RoyaltyFreeMusic.com offers a free option for educators and those with nonprofit projects, which includes librarians doing podcasts and tutorials, albeit on a more limited scale.

Magnatune offers more than 14,000 sound clips in its library.

likes GigaLaw.com, an independent site with daily updates on laws related to the internet. Donaldson clearly states that “you have the responsibility to clear the music playing at any time in your film, includ- ing the clips you use from other films. You either have to replace the music in a clip with new, cleared music or go through the music clearance procedure for the music that is already there” (p. 333). Given all of these restrictions, librarians have limited options for identifying and using copyright- and royalty- free music, particularly if they are on a tight budget. Fortunately, there are at least three online services in place to bridge this gap: Magnatune, RoyaltyFreeMusic.com, and Partners in Rhyme.

MAGNATUNE Magnatune (http://magnatune.com) offers more than 14,000 sound clips in its library. Founded in 2003 by John Buckman, who is also chairman of the Electronic Frontier Foundation, director of Open Rights Group, and founder of All of the royalty-free sounds at Partners In Rhyme are available (for free) Bookmooch (www.bookmooch.com), Magnatune provides on its website, but $9.95 will give it all to you in one convenient download. > NOV | DEC 2011 23 Library Videos Incorporating Creative Commons Music

For examples of libraries that have followed the rules, not assumed that everything sound clips and special effects. You must subscribe to the online is legal, and taken advantage of services such as Creative Commons, service to use it for commercial purposes. You can subscribe browse library and university channels on YouTube. Syracuse University’s library, on a monthly or yearly basis, and there are limits to how for example, has created several short films (www.youtube.com/watch?v=DE1 iJJe1Tvk&feature=player_profilepage). many clips you can download per month, depending on the type of subscription. A monthly subscription will cost you Here is their attribution for the music’s creator: $299.95, and a yearly subscription costs $699.95. “Fwagroove” by Sebteix If that sounds a little pricey, there is also free option for Used under Creative Commons 3.0 Attribution-Non-Commercial-Share Alike educators and those with nonprofit projects, which includes librarians doing podcasts and tutorials, albeit on a more limited scale. If you fill out an application and agree to a link exchange on your site, you have access to a specific number of music clips from different genres such as blues, classical, country, and easy listening, plus sound effects (SFX) such as telephone rings, applause, footsteps, and nature sounds. These rotate every few days, so the free col- lection, while limited, changes fairly often.

PARTNERS IN RHYME streaming music and downloads for a subscription fee. It Partners In Rhyme, Inc. (www.partnersinrhyme.com), based also licenses music for both commercial and noncommer- in Santa Monica, Calif., is an expansive online venture that cial use. Users can download and stream an unlimited provides royalty-free music and sound effects. Thousands of amount of music with a subscription. Any music you down- clips are available for download, and the royalty-free license is load as a subscriber, you get to keep—even if you cancel very generous. There are a few options, depending on your your subscription. Subscriptions are inexpensive (a 3- budget. If you have a larger budget, you can download exten- month subscription starts at $45), and the longer you sub- sive individual collections, which start at around $50, but this scribe, the greater the value. The music itself consists of can add up if you want multiple collections. A more frugal songs in a variety of genres, including, but not limited to, alt option is to pay $9.95 for the “Mega Download.” This includes rock, ambient, classical, electronica, and hip hop. instant access to thousands of sound effect clips (this includes Licensing a work to use in your project costs extra, crowd, nature, and office sounds, among others), 55 ambient depending on the song you want to license, if used for music loops, 110 crazy synthesized sound effects and beeps, commercial purposes. Magnatune also includes licensing and 96 background loops. options for noncommercial projects. These should meet the All the royalty-free sounds are available (for free) on its legal requirement set by the website, but $9.95 will give it all to you in one convenient (http://creativecommons.org/licenses/by-nc-sa/1.0/legal- download. This royalty-free licensing allows for both com- code) in order to qualify. If you qualify as noncommercial, mercial and noncommercial use of what you download you do not need permission and you don’t have to pay a from the site. While Partners In Rhyme also includes links to licensing fee for any of the music, as long as you’re a sub- other online sound clip sites, it makes no claim that the scribed member of Magnatune. music found on third-party sites is indeed royalty-free or If you’re confused about whether your project would qual- available for licensing. ify as noncommercial, founder Buckman wrote in an email to us that a noncommercial work is a “work not principally cre- SOUNDS FOR LIBRARIES ated for the goal of generating revenue or soliciting business” To conclude, finding legal and inexpensive sounds or and that “pretty much anything done in a teaching establish- musical clips for a library film can be challenging. The inter- ment (and by extension, a library) or government funded net has millions of files that could enhance a library tour or organization (the government itself or entities principally webcast, but it is worth the time and effort to investigate funded by them) is going to be noncommercial, as are almost fully the legality of each clip. all charities.” It appears as though all the songs in Magna- If you are not sure who holds the copyright or is due roy- tune’s database qualify for noncommercial use. alties, find a clip that you are comfortable defending in case After your subscription expires, assuming you choose not of legal action, as you and the library are ultimately respon- to get a lifetime subscription, you will still keep all the sible for its use. music you downloaded and be able to use the music you licensed, as long as it remains for noncommercial use only. Lindsay Hansen ([email protected]) is the music and media VE librarian at California State University–Northridge; Susanna Eng-Ziskin LI ROYALTYFREEMUSIC.COM ([email protected]) is the first-year experience librarian at California L RoyaltyFreeMusic.com, a subsidiary of Jupiterimages State University, Northridge. I N K Corp., offers more than 12,000 different royalty-free stock Comments? Email the editor ([email protected]).

24 www.onlinemag.net