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Copyright 101: What You Need to Know About Copyright Law and Sheet Music

10/17/2022

14 Comments

 
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Understanding copyright law is essential for musicians and educators. But the rules can be tricky, and they can vary depending on where you live.

In today's post, I will be sharing what you and your students need to know about copyright and how it pertains to the sheet music you purchase and/or download.

Do you know the ins and outs of copyright law? Keep reading to find out!

Public Domain Music vs. Copyrighted Music
You've probably heard the term "public domain" applied to sheet music. But what exactly does that mean? 

At the time of this writing, music originally published in 1926 or earlier is in the public domain in the United States. Copyright laws vary by country, so when in doubt, a Google search should tell you whether a piece is in the public domain where you live. 

While the music itself may be in the public domain, remember that the sheet music edition you are using of a piece may still be under copyright. For example, while Beethoven’s piano sonatas are in the public domain, many printed editions of the sonatas that you find will still be under copyright because they were edited, typeset, and published after 1926.

A good, reputable resource to find free, downloadable sheet music that is in the public domain is imslp.org, found HERE.


Music published in 1927 or later in the United States (at the time of this writing) is still copyrighted. It is a violation of copyright law to copy, arrange, or distribute copyrighted music without the permission of the copyright holder. 

What about "fair use" of sheet music?
You’ve probably heard the term “fair use” in regards to the educational use of copyrighted music. However, this term is often misunderstood. 

What exactly is covered under fair use? Here are a few examples of situations that would be considered fair use of copyrighted music:
  • Copying a page from a book you or your student owns to avoid a tricky page turn.
  • Copying a page from a book you or your student owns to write on for theory analysis or study purposes.
  • Making an emergency copy of a piece for temporary use (for example, if a student loses his or her book the day of a recital performance and needs a replacement copy right away) provided that the copy is destroyed and replaced with a purchased version of the piece as soon as possible. 
  • A good rule of thumb to remember: "fair use" typically applies to using an excerpt of a piece that is no more than 10% of the total work and cannot be performed on its own.

What is NOT covered under “fair use”?
  • Making copies of complete pieces from a book you own to distribute to your students or friends.
  • Creating arrangements of copyrighted music to distribute, whether for sale or for free, without the permission of the copyright holder.
  • Uploading or downloading copyrighted sheet music via the internet without the permission of the copyright holder. 

How do I know that the digital sheet music I want to purchase or download complies with copyright law?
In the digital era, it is especially important that we make sure that the sheet music we download or share via the internet is done with the proper copyright permissions. On a personal note, I have found my own copyrighted compositions shared without my permission on several websites, including Scribd and Musescore. These are subscription-based sites where many users take for granted that what they find will be posted legally--but unfortunately that is not always the case.

Since both of these sites allow users to upload their own content, there are often cases where users upload PDFs of copyrighted content or exact note-for-note transcriptions of copyrighted works. Uploading and sharing these types of files, even if the user purchased the original files legally, is a violation of copyright law.


If you want to be sure that the copyrighted piece you are downloading was created with the permission of the copyright holder and that the composer will be fairly compensated for his or her work when you make your purchase,
I recommend purchasing your digital music from a reputable digital music retailer that offers legally-licensed downloads. A piece of legally-licensed sheet music will include the complete copyright attribution for that piece as well as a watermark that states that the piece is licensed specifically for your use. 

A few reputable retailers that I would recommend for purchasing legally-licensed digital sheet music include: Musicnotes, Sheet Music Plus, Sheet Music Direct, and J.W. Pepper. Many music publishing companies also offer legally-licensed digital versions of their publications for purchase through their websites--so check your favorite publisher's website to see if that is the case. 

Once you purchase your digital sheet music, remember that the same copyright laws apply to digital music purchases as to hardcopy sheet music. If your purchase is licensed for your use only, don't make multiple copies or share your files with others via the internet.


If you want more details about copyright law, including how it pertains to recordings and performances, I highly recommend the article written by T. Scott Gilligan, a legal advisor for the Music Teachers National Association, found HERE.

What do you think? Do you have any questions about copyright law or experiences you would like to share? Feel free to leave a comment below!


14 Comments
Dorla Aparicio link
10/17/2022 04:06:53 pm

Excellent article! Every piano teacher should know this information. Thanks for writing it!

Reply
Chrissy Ricker
10/18/2022 04:58:25 am

Thank you so much, Dorla! I hope that this is helpful for teachers and students!

Reply
Anna
10/18/2022 09:43:39 am

I hope this info continues to be circulated because until I'd heard about it, I had no idea myself. This is important for sure. Thank you!

Reply
Chrissy Ricker
10/18/2022 10:26:29 am

Thank you, Anna! I am glad this article was helpful!

Reply
Charlie Dressel
7/25/2024 05:38:36 pm

If I purchase a hard copy of a piano sheet music book can I legally scan songs onto my ipad and save them for my personal use only? I want to be able to play songs when I travel.

Reply
Chrissy Ricker
7/25/2024 08:21:10 pm

That is a good question, and one that you will find conflicting answers to. It is my understanding that if you have purchased the music and are making a single digital "library" copy for your own personal use, not to be shared with anyone else, you would be fine. Many publishers also offer digital versions of their books, so you might want to consider shopping digital when you make future purchases if you know you will be playing the music from your iPad. Hope this helps!

Reply
Mo
1/1/2025 02:20:09 pm

I want to take a sheet music, convert it into a list of notes, and integrate it into my app. In my app, users can select a song and play it by pressing the piano keys provided in the app. The app assists them in playing the piece, and users cannot access the sheet music directly; they can only play and hear the song within the app. It could also serve as an educational tool for them.

In this case, do I need a specific license, or is it acceptable to add the song to my app by any means without any legal issues?

Reply
Chrissy Ricker
1/2/2025 05:33:22 am

If you are intending to use copyrighted songs in your app then yes, you would need to get permission from the copyright holder in order to do this. Any time you reproduce or distribute copyrighted music, whether it is through a recording or through sheet music, you are required to obtain permission from the copyright holder. My advice would be to consult a copyright attorney to make sure you obtain the proper licensing for the songs you intend to use in your app. Good luck to you!

Reply
larry
1/9/2025 11:18:42 am

hi, i want to make an online course teaching others how to play piano. My concern is copyright with using existing sheet music when creating the course as i get my sheets from https://shopus.rcmusic.com/

Reply
Chrissy Ricker
1/9/2025 12:31:24 pm

The books published by RCM are under copyright because they have been compiled, engraved, and edited by the RCM staff. You would not be able to include copies from those books in your curriculum. However, if a piece from one of those books is in the public domain, you can create your own edition of the music--doing your own engraving, editing, and design--and include it in your curriculum.

Reply
Mike
1/22/2025 01:45:32 pm

Hi, does the 1976 ruling that allows copyrighted songs to be freely performed inside church walls for a worship service also extend to the photocopying or computer duplication of copyrighted material that is to be performed there?

Reply
Chrissy Ricker
1/22/2025 02:01:24 pm

No--that ruling would apply to the performance of the copyrighted work and not to the sheet music itself. Performances are licensed separately from sheet music, so even though a church choir (for example) can perform a copyrighted work in a worship service without needing to obtain a performance license, they would still be responsible for purchasing a legal copy of the sheet music for every member of the choir for their performance.

Reply
Wayne
1/24/2025 09:19:13 am

I'm wondering if a copyrighted professional recording of a copyrighted song can be played as a backup to live singers in a church worship service? The previous question mentioned a 1976 rule. Thanks!

Reply
Chrissy Ricker
1/24/2025 09:36:35 am

Yes, the religious service exemption applies to any type of music played during a church service, be it pre-recorded or live. However, this exemption does not apply if your church service is being recorded or streamed online--that would require a separate performance license. This article explains the religious service exemption in more detail: https://christiancopyrightsolutions.com/blog/the-religious-service-exemption-explained/

Hope that helps!

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    Chrissy Ricker is a pianist, teacher, and composer from North Carolina. These are her thoughts on teaching, composing, and all things music.


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