Hi Jared -
To put video recordings of copyrighted music in your repository, you need:
-
Mechanical license (the license for streaming copies to be accessed; each listener is a copy)
-
Public performance license (each stream is a public performance)
-
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
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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