Re: Canned music

Glen McKay <gmckay[_at_]beta.nmjc.cc.nm.us> wrote:
>
> I've been asked to research the following scenario. The athletic
> department of a non-profit educational institution "plays" music over
> its loudspeakers to various activity rooms-- designated for physical
> education activities including aerobics, jazzercise, weightlifting, etc.
>
> According to Bruwelheide (1995), the "public reception of a
> transmission of a performance as it is received on a single receiver of
> a kind commonly found in homes (41)" is *not* an infringement unless the
> public is charged directly for the program or if the transmission is
> further transmitted.
>
> However, if the athletic department is performing CD's, tapes, or
> records then it may be infringing.
>
> My analysis of Bruwelheide's interpretation is that if the athletic
> department has a radio receiver turned to a station and is piping that
> station's music to the types of rooms described in the first paragraph...
> but no further than the physical boundaries of the athletic department...
> then this is not an infringement.
>
> Feedback, anyone?
>
> REFERENCE
>
> Bruwelheide, Janis H. (1995). _The Copyright Primer for Librarians
> and Educators_. 2nd ed. Chicago: ALA; Washington, D.C.: NEA.

I, too, would be interested in this. A friend who is a drama coach at a private high school has canned music playing in the auditorium for the audience before the play starts.

Barbara Herbert <Herbert[_at_]georgian.edu> Instructional Media Librarian
Georgian Court College
Lakewood, NJ 08701-2697 Received on Thu Oct 31 1996 - 21:23:43 GMT