Question 1. "Are schools exempt from the payment of
copyright royalties?"
Answer. No. Schools (public or private), and school teachers
and students, are not exempt from the law that governs the
recording of copyrighted music. Fair use allows you to record
and archive a single copy of a song for instructional purposes,
but you may not record your choir or band concert either
on audiotape or videotape and distribute copies of that recording
without paying mechanical/compulsory and/or synchronization
fees to copyright owners.
Question 2. "Are festivals exempt from the payment
of copyright royalties?"
Answer. No. No more than schools and teachers and students.
Question 3. "If I'm giving away the copies, not selling
them, are they exempt?"
Answer. No. The law requires that you must pay when you "distribute"
copies. Distribution is defined as when "the person exercising
the compulsory license has voluntarily and permanently parted
with its (phonorecord) possession." Very simply, unless
you pay mechanical/compulsory fees, you may not record multiple
copies of copyrighted songs and sell them, give them away,
store them, or toss them over the cliff on the school's back
forty…
Question 4. "If I'm selling the copies for a worthwhile,
non-profit cause, are they exempt?"
Answer. No. See the answer to question 3.
Question 5. "If I'm only going to record 10 (more or
less) copies, are they exempt?
Answer. No. You may record ONE copy for education use or
for your archives. You may not record more than one copy without
paying copyright fees.
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