Performances on Campus Issue No. 5

Effective Date: 08/25/2010

Review: May 1 E6Y

01. POLICY STATEMENTS

01.01 This UPPS is designed to help the university community comply with the Copyright Revision Act of 1976 as it relates to musical performances on campus.

01.02 This UPPS does not cover those provisions of the copyright law pertaining to library copying, showing movies on campus, or copyright guidelines for classroom use and research. UPPS No. 01.04.21 contains guidelines for the Texas State Albert B. Alkek Library, UPPS No. 01.04.23 contains guidelines for showing movies on campus, and UPPS No. 01.04.22 contains guidelines for classroom use and research.

02. LIMITATIONS AND INQUIRIES

02.01 Persons with questions regarding the copyright law’s applicability to specific situations should contact the university attorney. Persons with general inquiries about the copyright law’s content should contact the Alkek Library reference department.

02.02 The university attorney will promptly notify the dean of Students and the dean of Fine Arts and Communication of any significant changes in the copyright law that affect musical performances on campus.

03. COPYRIGHT PRIVILEGES

03.01 Generally, a copyright’s owner has the exclusive right to display or perform the copyrighted work publicly.

03.02 The copyright law allows the performance of musical works if one of the following exemptions apply:

a. Face-to-face teaching activities in non-profit institution’s classrooms or similar place devoted to instruction;

b. Broadcasting as a regular part of systematic instruction at a non-profit educational institution for reception in classrooms; and

c. An educational institution’s performance of a non-dramatic literary or musical work if the institution does not pay the performers and

1) No admission fee is charged; or

2) An admission fee is charged but it uses the net proceeds exclusively for educational purposes and the copyright owner has not served written objections seven days prior to the performance.

03.03 The exemption of "non-dramatic works," as the term is used in the statute, means that performances of dramatic works such as opera, musical comedy, oratorios, and the like are not exempt under this section.

03.04 The doctrine of "fair use," as described in Section 04.02 of UPPS No. 01.04.22, Copyright Guidelines for Classroom Use and Research, applies to performances of musical works.

04. ADDITIONAL EXCEPTIONS TO THE COPYRIGHT LAW

04.01 The copyright law applies to live performances by musicians as well as to video or audio recordings regardless of media, with the exception of the items listed below:

a. Private performances that are not “public” performances are not copyright infringements; and

b. Operating an ordinary radio or television set in public is generally exempt from the copyright law.

Contact the university attorney for specific questions.

05. NECESSITY FOR KEEPING RECORDS OF MUSICAL PERFORMANCES ON CAMPUS

05.01 The university contracts with firms representing musical copyright owners, allowing the performance of musical compositions on the university’s campus in any establishment the university exclusively engages, and establishments sponsored by university-affiliated organizations located off campus but run under university auspices exclusively to benefit university students.

05.02 The contracts with the licensing organizations impose a copyright fee on the university for certain major performances. The contracts require that the university furnish these organizations copies of all programs of musical works sponsored by the university or by organizations under its control.

05.03 The dean of Students, the dean of Fine Arts and Communication, and other administrative heads must submit copies of all programs of musical works performed in all musical attractions under their authority. These officials should submit copies of the programs to the director of Auxiliary Services or to the licensing organizations on demand. The director of Auxiliary Services shall, in turn, submit such copies to the licensing organizations.

06. REVIEWERS OF THIS UPPS

06.01 Reviewers of this UPPS include the following:

Position Date

University Attorney May 1 E6Y

Director, School of Music May 1 E6Y

07. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

University Attorney; senior reviewer of this UPPS

Special Assistant to the President

President