Legalities of using copyrighted music for productions

[Mike Lowe]

Can anyone shed TRUE light on this subject? I've seen a lot of mixed answers in my searching. I'd like to make a website for my Video Production class but some of the videos are using music from the likes of freeplaymusic.net, and some straight from audio CDs. It's not worth it to me to get in any hot water. If it matters, we would not be selling the videos or anything that would involve making money from the products. The website's intent is to provide a centralized showcase for my students' work for parents etc.

Thanks for any advice you can throw my way. If it's going to be trouble I wont bother!

[JonInMiddleGA]

FWIW, you might look over these guidelines from the University System of Texas.
http://www.utsystem.edu/OGC/intellectualProperty/copypol2.htm#mm

And although I'm not sure what UMUC actually is (looks like some sort of online university), I thought their guidelines for multimedia looked pretty good.
http://www.umuc.edu/library/copy.shtml

If I had to guess myself from everything I've read, I'd said Fair Use covers them using the work for the project itself but since distributing it online isn't part of the educational process (but rather it's a convienience for parents, etc.) then what you're asking about gets rather shaky & blows up entirely if there's more than 30 seconds of a copyrighted song included.

As a possible alternative, what about cutting the projects into some sort of "highlight reel" and then making it available to the students as a DVD burn they could take home to mom & dad? (I'm gathering that you'd like the parents to see the scope of the work from the whole class, not just their own child)

[JPhillips]

I use copyrighted music for theatrical productions all the time. It isn't legal, but I try to include info on what/where to purchase I and I know I've sold copies of cds that wouldn't otherwise have been sold. Most companies will start the process with a simple cease and desist letter, so if there is trouble you can probably just close shop and things will be fine.

In general the only right holder I've heard of that will come down on educational sources is Disney. Never, ever use their music without permission. They forces a children's hospital wing in Morehead, KY to repaint a wall a wall of Disney characters. They apparently have spies everywhere.

Also, keep a pretty close watch on the traffic on your site. If anything ever happened you'll want to be able to show that it's a friends and family only site.

[Mike Lowe]

Thank you for all of the advice thus far:

1) I would like the website because my school has wanted to showcase the class. Originally they wanted me to edit a video to show during the school day to all classes but (long story short) I convinced them that I'd rather not take up class time (I'd be soooooo annoyed if someone did this during my teaching time consistently!) but instead showcase it where even parents/grandparents could see...hence the website.

2) I agree that most likely nothing would happen and that if it did, I could simply take it all down. However, this is my job and I'm very happy with my job and I do not want to lose it over something silly like this!

I am going to keep weighing my options this week so please, keep the advice coming! Thanks so much.