Music & Media in the Classroom

Scroll down for information on the following topics:

  1. Performing Music in the Classroom
  2. Reproducing Music for Classroom Use
  3. Notice Regarding the Use of Sound Recordings from iTunes
  4. Performing Cinematographic Works in the Classroom
  5. Reproducing Cinematographic Works in the Classroom
  6. Notice Regarding the Use of Cinematographic Works from iTunes & Netflix
  7. YouTube Videos in the Classroom
  8. Reproducing Digital Content for Classroom Use
  9. Live Radio Programs & Television Shows
  10. Recorded News & News Commentary Programs

1. Performing Music in the Classroom

There are two sections within the Copyright Act that apply to the performance of sound recordings in the classroom.

Section 29.5(b) of the Copyright Act permits the performance of musical and spoken recordings in the classroom.

The application of Section 29.5(b) is dependent on adherence to the following conditions:

  • The sound recording may only be played for the purpose of education or training.
  • The sound recording may only be played on the premises of an educational institution.
  • The sound recording may only be played to an audience consisting of students.
  • The copy of the sound recording cannot be an illegal or infringing copy.

Section 30.04 of the Copyright Act permits the performance of works that are publicly available through the Internet. This means that you may perform publicly available online content like musical and spoken sound recordings to an audience of students in the classroom.

The application of Section 30.04 does not apply if:

  • The sound recording or its online source is protected by a technological protection measure (digital locks) that restricts access to or use of the sound recording or its online source. This includes websites that are password-protected or require a login in order to access content.
  • The sound recording was made available through the Internet without the consent of the copyright owner.
  • The sound recording is accompanied by a clearly visible copyright notice that prohibits its use.

Please note that the breaking or circumventing of digital locks in order to perform a sound recording in the classroom are prohibited by law. More information regarding digital locks is available here.

2. Reproducing Music for Classroom Use

The Fair Dealing Guidelines permits the reproduction of up to 10% of an audiovisual work but this reproduction is prohibited if the sound recording is protected by a digital lock or technological protection measure.

Permission to reproduce the sound recording would have to be sought from its producer. For information on and assistance with the permission seeking process, please contact the Copyright Services Officer (contact information here)

3. Notice Regarding the Use of Sound Recordings from iTunes

Sound recordings that are accessible through iTunes are NOT considered publicly available online content because a login, password, and an account are required to access the sound recordings. Additionally, even though iTunes offers legitimate copies of sound recordings that have been made available with the consent of the copyright owner, your use of the sound recordings in your iTunes account or library is limited to the contractual obligations of the iTunes Terms that you agreed to when you signed up for your account. iTunes products are “only for personal, non-commercial use” and CANNOT BE PERFORMED IN THE CLASSROOM or for any public audience.

4. Performing Cinematographic Works in the Classroom

The Copyright Act defines a cinematographic work as “any work expressed by any process analogous to cinematography, whether or not accompanied by a soundtrack”. Cinematographic Works include: feature films, documentaries, television shows, etc.

There are two sections within the Copyright Act that apply to the performance of cinematographic works in the classroom.

Section 29.5(d) of the Copyright Act permits the performance of cinematographic works in the classroom.

The application of Section 29.5(d) is dependent on adherence to the following conditions:

  • The cinematographic work may only be played for the purpose of education or training.
  • The cinematographic work may only be played on the premises of an educational institution.
  • The cinematographic work may only be played to an audience consisting of students.
  • The copy of the cinematographic work cannot be an illegal or infringing copy.

Section 30.04 of the Copyright Act permits the performance of works that are publicly available through the Internet. This means that you may perform publicly available online content like cinematographic works to an audience of students in the classroom.

The application of Section 30.04 does not apply if:

  • The cinematographic work or its online source is protected by a technological protection measure (digital locks) that restricts access to or use of the work or its online source. This includes websites that are password-protected or require a login in order to access content.
  • The cinematographic work was made available through the Internet without the consent of the copyright owner.
  • The cinematographic work is accompanied by a clearly visible copyright notice that prohibits its use.

Please note that the breaking or circumventing of digital locks in order to perform a cinematographic work in the classroom are prohibited by law. More information regarding digital locks is available here.

5. Reproducing Cinematographic Works for Classroom Use

The Fair Dealing Guidelines permits the reproduction of up to 10% of an audiovisual work but this reproduction is prohibited if the cinematographic work is protected by a digital lock or technological protection measure.

Permission to reproduce the cinematographic work would have to be sought from its producer. For information on and assistance with the permission seeking process, please contact the Copyright Services Officer (contact information here)

6. Notice Regarding the Use of Cinematographic Works from iTunes & Netflix

Cinematographic works that are accessible through iTunes or Netflix are NOT considered publicly available online content because a login, password, and an account are required to access the cinematographic works. Additionally, even though iTunes and Netflix offer legitimate copies of cinematographic works that have been made available with the consent of the copyright owner, your use of the cinematographic works via your account or library is limited to the contractual obligations of the iTunes Terms and Netflix Terms of Service that you agreed to when you signed up for your account. iTunes products are “only for personal, non-commercial use” and Netflix services are “for your personal and non-commercial use only“. Cinematographic works from iTunes or Netflix CANNOT BE PERFORMED IN THE CLASSROOM or for any public audience.

7. YouTube Videos in the Classroom

Section 30.04 of the Copyright Act permits the performance of works that are publicly available through the Internet. YouTube Videos ARE considered publicly available online content but a YouTube Video can only be performed in the classroom if it was not made available through the Internet without the consent of the copyright owner.

Here are some tips for determining whether the YouTube Video was made available without the consent of the copyright owner:

  • Consider the username of the individual or organization who uploaded the video. Many music producers, broadcasters, and performers will have official usernames and YouTube Channels.
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  • Consider the description of the uploaded video, it should acknowledge the copyright owner as well as the legitimacy of the uploaded video.
    music and media classroom 2
  • You may see video descriptions that read “No Copyright Infringement Intended” but just because infringement isn’t intended doesn’t mean that it hasn’t occurred. Content that bears this kind of description should not be performed in the classroom or shared with students.
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8. Reproducing Digital Content for Classroom Use

If content is publicly available online, that doesn’t necessarily mean that the content is in the public domain. In order for content to be in the public domain, the creator of that content would have to have been deceased since 1962 because copyright continues to protect content for fifty years after the death of the content creator.

Much of the content that you’ll find online IS protected by copyright.

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Section 30.04 of the Copyright Act permits the performance of content that is publicly available online and the reproduction of that content in order to perform it.

Remember to acknowledge the creator and source of the content if you do reproduce it.

The application of Section 30.04 does not apply if:

  • The content or its online source is protected by a technological protection measure (digital locks) that restricts access to or use of the work or its online source. This includes websites that are password-protected or require a login in order to access content.
  • The content was made available through the Internet without the consent of the copyright owner.
  • The content is accompanied by a clearly visible copyright notice that prohibits its use.

Please note that the breaking or circumventing of digital locks in order to perform or reproduce content are prohibited by law. More information regarding digital locks is available here.

9. Live Radio Programs & Television Shows

Section 29.5(c) of the Copyright Act permits the performance of a work that is being communicated by means of telecommunications (radio, television, Internet) at the time that it is being communicated. This means that if a radio program or television show is being broadcast at the same time your class is scheduled and it is of importance to the subject matter of your lesson, you may show that radio program or television show to your students in the classroom while it is being broadcast.

The application of Section 29.5(c) is dependent on adherence to the following conditions:

  • The radio program or television show is being shown for the purpose of education or training.
  • The radio program or television show is being shown on the premises of an educational institution.
  • The radio program or television show is being shown to an audience consisting of students.

10. Recorded News & News Commentary Programs

Section 29.6 of the Copyright Act permits the making of a single copy of a news or news commentary program at the time of its communication for use in the classroom. This means that you can record a news program like the 6 o’clock news or a news commentary program like The Daily Show and perform that recording in the classroom.

Please note that documentary films are not considered news or news commentary programs.

The application of Section 29.6 is dependent on adherence to the following conditions:

  • The news or news commentary program is being shown for the purpose of education or training.
  • The news or news commentary program is being shown on the premises of an educational institution.
  • The news or news commentary program is being shown to an audience consisting of students.
  • The news or news commentary program is being shown within 1 year of the date that the recording was made.
  • The recording of the news or news commentary program must be destroyed within 1 year of the date that the recording was made.