This section describes how Conservatory students may use works in their e-portfolios, which they make publicly available on the internet.
Follow the steps given in section 5 of this guide, “When Copyright Permission is Needed.”
Note: Determining the copyright status of music may be complicated by the fact that the music itself as well as the audio recording, sheet music, score, libretto, etc., are each considered a “work” and may be copyrighted separately.
Q: I am a Conservatory student and want to post in my e-portfolio an audio or video file of myself performing a copyrighted piece of music. Is that OK?
A: If you post only a portion of the complete work and provide the file as a stream rather than a download, the case for Fair Use would be strong.
Fair Use analysis:
|Moderately favorable. The use is being made at a nonprofit educational institution and the purpose is primarily educational.
|Unfavorable. The music is a highly creative work.
|Favorable. Only a portion of the work is being used, and the amount is appropriate to the educational purpose.
|Moderately favorable. You are providing this work in a publicly accessible forum, but it will not significantly impair the market or potential market for the work (e.g., sales of CDs or downloads, or subscriptions to streaming services) because you are supplying only a portion of the complete work.
Q: Given the judgment in the above scenario, is one movement from a larger work considered a “complete work”?
A: It is probably a “complete work”—thus you should post only part of the movement in your e-portfolio.