From: "Kathleen DeLaurenti (she, hers)" <[log in to unmask]>
Date: Tue, 19 Mar 2024 17:20:25 +0000

Hi Jared -

To put video recordings of copyrighted music in your repository, you need:

   1. Mechanical license (the license for streaming copies to be accessed;
   each listener is a copy)
   2. Public performance license (each stream is a public performance)
   3. Synchronization licenses (the license to sync copyrighted music to
   video)

For audio only, you'd still need the first two. This is predicated on your
University holding the copyright to the recordings.

The MLC, which manages the new blanket compulsory mechanical license for
streaming, does not seem to see libraries as potential DSPs. My
organization has not had success pursuing that. What many institutions do
is they accession this work for their preservation systems, but they do not
make it publicly available. Aviary, a streaming system from AVP, is
relatively new and allows discoverable metadata, but more controlled access.

For some institutions, they will make a fair use determination to share
these institutional recordings internally, but not share them publicly
because of the complicated rights issues.

Good luck!

Kathleen DeLaurenti
Director, Arthur Friedheim Library
<https://musiclibrary.peabody.jhu.edu/home>
Peabody Institute of the Johns Hopkins University
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Make an appointment <https://peabody-jhu.libcal.com/appointments?u=37832>
------------------------------
From: Jordan Ruud <[log in to unmask]>
Date: Fri, 15 Mar 2024 15:52:11 +0000

Greetings all – I’m fairly new to this side of things and wanted to run a
question by those with more experience in licensing. Our music faculty have
concert recordings that they’d like to deposit in our institutional
repository, which is publicly accessible. I’m not entirely sure about the
permissibility of this under our campus licenses with ASCAP and BMI (which
I assume are fairly standard licenses).



From experience, is depositing records like this generally permitted, or
(my fear) is it a case-by-case question of determining the ownership of
each composition in a concert recording to identify which can or can’t be
deposited?



Thanks and happy Friday,



Jordan Ruud

Interim Director and Collection Development Librarian, Boreham Library,
University of Arkansas – Fort Smith

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