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Aren’t all uses of copyrighted works at a University lawful, or “fair use?”
NO. The fact that you are a university student does not give you carte blanche to use copyrighted
works of others.
Copyright law provides that “the fair use of a copyrighted work, including such use by
reproduction in copies or phonorecords (audio recordings) or by any other (specified) means, for
purposes such as criticism, comment, news reporting, teaching (copies for classroom use),
scholarship, or research, is not an infringement of copyright.
In determining whether the use made in any particular case is a fair use, factors considered
include:
(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.”
What is a dramatic performance?
ASCAP defines a dramatic performance or a dramatico-musical work, including musical comedy,
opera, play with music, revue or ballet. These are described as:
• Performance of a dramatico-musical work (or its sound recording) in its entirety;
• Performance of one or more musical compositions (or sound recordings) from a
dramatico- musical work accompanied by dialogue, pantomime, dance, stage action, or
visual representation of the work from which the music is taken; or
• Performance of one or more musical compositions as part of a story or plot, whether
accompanied or unaccompanied by dialogue, pantomime, dance, stage action or visual
representation
(Although no court has issued a published decision on the issue, it is unlikely that a single song or
recording that tells a story qualifies as a dramatic performance unless it is used to tell a story
larger than the song/recording.)
How do I decide if a dance or play is dramatic or non-dramatic?
All plays are dramatic. All ballets and all musicals (West Side Story) are dramatic performances
regardless of the number of songs/recordings you use. These are bullets 1 and 2 above.
To decide if your dance performance qualifies as a dramatic presentation under bullet 3 above,
ask the following questions:
1. Does the dance involve, conjure up, or evoke any definite plot or storyline where
the performance of the music supports and carries forward that plot or storyline?
2. Does the dance performance involve characters, costumes, scenery, lighting,
staging and other theatrical production components?
If you answer “yes” to either question, your performance qualifies as dramatic.