Section 2.1 echoes iTunes’ terms by stating you may use the purchased music for “personal, non-commercial purposes”. In addition, section 2.2 states, “You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content.” The key statement that holds true for all music retailers is that they do not grant “sync”/synchronization (the process of embedding a digital media file into your personal project, video, podcast or other media outlet), public performance or broadcasting rights, which are the areas students, teachers and even administrators frequently misuse the most.
Section 6.7 Licenses and Contracts of The Fair Use Guidelines states “Educators and students should determine whether specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations” - http://www.adec.edu/admin/papers/fair10-17.html. Having seen videos removed or “taken down,” cease and desist letters shared by various educational entities and more importantly, actual lawsuits placed on schools, districts, regions (including their parents and students), it is paramount that we create an awareness regarding digital licensing and migrate toward a media permissions process. If Weird Al can make media permissions part of his routine (http://www.weirdal.com/faq.htm) even though he is legally parodying, so can we!
Hal Fletcher is the Information and Product Specialist for Soundzabound Royalty Free Music in Atlanta, GA. Hal conducts student & staff development workshops for schools, admin
offices and ed-tech conferences to share his knowledge and experiences regarding copyright, ethical use of digital media, and proper media permissions that he gained during his 23 years of consulting.