Copyright Policy

Mount Vernon Community Bands Copyright Policy

Adopted May 21, 2025

 

Purpose

This policy outlines the copyright practices of Mount Vernon Community Bands (MVCB), ensuring that the organization remains in compliance with U.S. copyright law, licensing agreements, and ethical music usage standards. It addresses the handling of sheet music reproduction, archival digitization, and performance licensing.

 

1.  Copying of Sheet Music

MVCB is committed to respecting the intellectual property rights of composers, arrangers, and music publishers. All photocopying and reproduction of music will comply with Title 17 of the United States Code (U.S.C.), especially:

  • 17 U.S.C. § 106 – Grants copyright holders exclusive rights to reproduce and distribute their works.
  • 17 U.S.C. § 107 (Fair Use) – Limited and generally does not apply to the reproduction of entire musical works for ensemble use.

Ensemble Responsibilities:

  • Each ensemble, as identified in Section 8.1 of the MVCB bylaws, is responsible for the maintenance and distribution of its music catalog to its members, and adherence with all Policy Guidelines.

Policy Guidelines:

  • No photocopies will be made of copyrighted sheet music, except in emergencies when it is impossible to provide an original part or score in time for a performance.
  • Emergency copies will be destroyed as soon as original parts are obtained.
  • The band will make every effort to ensure all members receive original, legal copies.
  • If parts are missing or insufficient, MVCB will work with publishers to obtain replacement or additional copies.
  • Only public domain music may be freely copied. Music is in the public domain if:

○ It was published in the United States before 1929 (as of 2025).

○ It was never copyrighted or its copyright has expired under U.S. law.

 

Public domain rules are governed by 17 U.S.C. § 303 and the Copyright Term Extension Act of 1998 (Sonny Bono Act).

  • MVCB will not police individual band members’ personal use but maintains that all photocopies turned in during music collection will be destroyed.

 

2.  Digitization and Archiving

As part of its mission to preserve and manage its music collection, MVCB may digitize its music library in accordance with:

  • 17 U.S.C. § 108 – Allows libraries and archives to make copies for preservation and limited public access under specific conditions.

Policy Guidelines:

  • Digitization is allowed for:

○ Preservation of deteriorating materials;

○ Replacement of lost or damaged items when originals are unavailable;

○ Creating a secure digital archive for internal access and long-term storage.

  • Copyrighted works will not be publicly distributed unless:

○ They are in the public domain, or

○ Specific permission or licensing is obtained.

  • Through collaboration with Mount Vernon High School, MVCB may provide access to digitized materials via a controlled, non-commercial platform, in compliance with §108.
  • Public domain works may be freely downloaded, shared, or accessed.

 

3.  Performance of Music

MVCB holds a blanket performance license through the Association of Concert Bands (ACB), which covers non-dramatic musical works under the catalogs of ASCAP and BMI.

Relevant copyright law includes:

  • 17 U.S.C. § 106(4) – Grants copyright holders exclusive rights to publicly perform their works.
  • Licensing through PROs (Performing Rights Organizations) – Allows organizations to perform works without seeking individual permissions.

Policy Guidelines:

  • MVCB may publicly perform works that fall under ASCAP or BMI licensing.
  • The band will comply fully with ACB’s reporting procedures, including concert program submissions and other required documentation.
  • This license does not cover:

○ Works controlled by other PROs (e.g., SESAC, GMR);

○ Dramatic musical works (e.g., operas, musicals), which require separate licensing or permission.

 

Policy Review

This policy will be reviewed annually by the head librarian and board of MVCB. Updates will be made as needed to reflect changes in copyright law, licensing practices, or band operations.

 

Appendix: Copyright Resources
  1. U.S. Copyright Office – Circulars and Guidance
    https://www.copyright.gov/circs/
  2. Title 17, United States Code (U.S. Copyright Law) https://www.copyright.gov/title17/
  3. Public Domain Overview (Cornell University) https://copyright.cornell.edu/publicdomain
  4. Association of Concert Bands (ACB) – Performance Licensing https://www.acbands.org/licensing/
  5. ASCAP Repertory Search
    https://www.ascap.com/repertory
  6. BMI Repertoire Search
    https://repertoire.bmi.com/
  7. IMSLP (International Music Score Library Project) – Public Domain Sheet Music https://imslp.org/
  8. BandMusic PDF Library – Public Domain Band Music Archive https://bandmusicpdf.org/