Music copyright FAQ

The Music Copyright guide is formulated as an FAQ. It offers introductory information and resources on a selection of topics related to the use of music materials in research, teaching, and performance. The topics covered appear in the left or top menu.

This guide is not intended to be exhaustive: please contact the Music Library (music.library@mcgill.ca) or the Copyright Librarian (copyright@mcgill.ca) with specific questions. 

For more general information about copyright, consult Copyright: The essentials (McGill Libraries).

Disclaimer

This guide is provided for informational purposes only, and the information presented here should not be interpreted as legal advice. Please consult a qualified legal professional if you require advice on how copyright law applies to a specific situation.

Q. Is it ok if I copy, scan, or otherwise reproduce a score?

A. It depends!

• If the work is in the public domain (generally speaking, if the last known contributor (composer, arranger, etc.) died before 1971), then you may copy without restriction. See Copyright duration / public domain below or Copyright: The essentials for more information.
• If the musical piece is one work in a collection of works (e.g. in an anthology), and the copying is being done for the purposes of research, private study, education, satire, or parody, then this is likely to be permitted under fair dealing.
• Is this for teaching purposes? If so, this may fall under the terms of McGill's agreement with Copibec. 

For all other cases, permission from the copyright holder may be required.

Q. What does it mean for something to be in the public domain? When does music enter the public domain?

A. Under copyright law, copyright protection expires after a specific amount of time. Once copyright protection expires, a work enters the public domain and becomes free of the limitations or restrictions of copyright. Materials in the public domain are free for everyone to use, adapt, and reproduce without permission or payment. 

Note that the duration of copyright protection varies from country to country as well as among different types of works and materials. For example, copyright duration for a musical work might differ depending on its format, whether it's a notated score or a sound recording. 

For more information on copyright duration in relation to musical works, see the Public domain page on the IMSLP website.

Scores

Scores fall under the category of musical works. Note that a score may involve multiple creators or contributors (e.g. composer, librettist, arranger). As such, the item enters the public domain in Canada based on the date of death of the most recently deceased creator. To determine if a work is in the public domain in Canada, see the Canadian Copyright Term and Public Domain Flowchart - Literary Works et al from the University of Alberta.

• If the last creator's death was on December 31, 1971 or before, then the work generally enters the public domain the year of the creator's death + 50 years.
• If the last creator's death was on January 1, 1972 or after, then the work generally enters the public domain the year of the creator's death + 70 years.

Sound recordings

For sound recordings, there are two important dates to bear in mind: 1) the date of fixation (when a performance was captured or fixed in a sound recording); and 2) the date of publication. For more information see the Canadian Copyright and Public Domain Flowchart - Sound Recordings from the University of Alberta.   

Q. Is a new edition of a public domain musical work protected by copyright?

A. Several factors must be considered. IMSLP's Public domain page provides guidance related to the copyright status of public domain works that are published in new editions, particularly in a section entitled "Threshold of originality; new editions of public domain works."

A few of the points included on this page (https://imslp.org/wiki/Public_domain):

• "The threshold of originality is the standard that determines what is required for there to be a new original work. New compositions are clearly original works, but new editions and engravings may or may not be protected, and special provisions (including related rights provisions) may apply to some publications, even when there is no original work."
• "It is likely that most editions which are marketed as "urtext," "critical" or "scientific" editions do not qualify for copyright in Canada — just as they do not qualify as "works" in the Berne Convention sense (as applied in European Union countries). The reason for this is that, in maintaining authenticity to the existing source, these editions do not contain material which originates with their editors or compilers."
• "However, some editions (even if marketed as "urtext") include new material which has been added by editors; it is generally indicated that this new material is separate from the original work."
  • The following are given as examples of material likely copyrightable in Canada, especially if credited to and apparently originating from an editor: fingerings, performance indications such as dynamics, and continuo realizations.

For an in-depth analysis of how Canadian law might apply to this issue, see "Settling the Score" (2014) by Guillaume Laroche.

Q.  I am about to submit my thesis and it includes copyright-protected works by other people (musical notation, lyrics, photographs, etc.). Do I need to get permissions for these?

A. McGill University's Graduate and Postgraduate Studies policy requires that students obtain permissions for copyrighted material presented in a thesis. If you are unable to obtain permissions, for whatever reason, you may include the material in the initial submission for the purposes of examination and then remove the material for the final submission that will be made publicly available in eScholarship and deposited with Library and Archives Canada. For information about how to seek permissions, see Third-party materials in a publication or a McGill thesis.

Q. I am preparing a scholarly work for publication and need to include lyrics and/or musical notation by another creator. What are the copyright considerations to bear in mind?

A. As a first step, it is helpful to consult your publisher and to seek their guidance to determine what kinds of permissions or rights they expect you to secure, if there are specific forms to be used, and whether they are willing to allow material to be used under fair dealing (or similar copyright exceptions). If the material is in the public domain worldwide, then no permissions are required. 

Q. Can I play music in class for teaching purposes?

A. Yes. The Copyright Act allows you to play a sound recording or live radio broadcasts in class as long as it is for educational purposes, not for profit, on University premises, before an audience consisting primarily of students. However, if you want to use music for non-educational purposes, for example, for background music at a conference or in an athletic facility, a license must be obtained from the copyright collectives Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

See also Copyright and Video Screening for information about educational vs public screening. 

Q. If I have uploaded the max % allowed under the Copibec agreement of a print text to myCourses, could I also upload more content from a previous edition of the text?

A. Unless the content is substantially different, amounts sourced from different editions are generally counted as being taken from a single source. However, if an instructor wishes to use more than the default amounts allowed under McGill's agreement with Copibec, they should submit a request to the Course readings service with the desired page numbers. McGill Libraries may be able to obtain permissions for the additional amounts.

Q. Do I need to obtain permission to perform publicly a work that is still under copyright?

A. It depends!

Under Section 29.5 of the Canadian Copyright Act, live performances are not an infringement of copyright if done "on the premises of an educational institution for educational or training purposes and not for profit, before an audience consisting primarily of students of the educational institution, instructors acting under the authority of the educational institution or any person who is directly responsible for setting a curriculum for the educational institution."

Performances that fall outside of these conditions may require permission from the copyright holder and/or a performing right. For more information about performing rights, reproduction rights, grand rights vs small rights, and music licenses, visit the Society of Composers, Authors and Music Publishers of Canada (SOCAN) FAQ page (see copyright tab and music licenses tab).

Q. I am a music creator. Where can I learn about copyright for my music creations? How do I receive royalties for their use?

A. There are several organizations in Canada that provide information about performing and reproduction rights for music creators and that ensure creators are fairly compensated when their music is used. 

• Re:Sound is a Canadian not-for-profit music licensing company that collects and distributes royalties on behalf of musicians and record companies.
• Society of Composers, Authors and Music Publishers of Canada (SOCAN) is a Canadian music rights organization that represents the performing and reproduction rights of songwriters, composers, and music publishers. SOCAN maintains an extensive FAQ about copyright, performing rights, recording rights, royalties, grand rights vs small rights, and music licenses.
• Canadian League of Composers is a national organization that provides composers and sound artists with a broad range of informational resources. Among other topics, they offer guidelines about commissioning rates, rehearsal fees, and information about negotiating royalties and payments with producers for works that require grand rights (e.g., stage music such as opera, operetta, musical plays, choreographic works, etc.).
• See also University of Ottawa's Music: Copyright guide for additional resources for music creators.

Q. I would like to use or reproduce content from Marvin Duchow Music Library's special collections in my publication or other work.  Can you provide permissions in this regard?

A. In many cases, we are not the copyright holders of the items in our special collections and, in these instances, cannot provide permissions. However, we will provide guidance in accordance with the copyright status of the materials. Please contact music.library@mcgill.ca for more information.

Q. I would like to use music content to train an AI tool/model I am building. What copyright considerations should I take into account?

A. Note that the landscape of AI and Canadian copyright law is still quite unclear. When it comes to using copyrighted content to train an AI model, there are a number of factors to consider, including: fair dealing, contracts/licenses/terms of use, and digital locks. 

• The first is the issue of reproduction needed for input (i.e. the copying of copyrighted works that is necessary to train a model). There is currently no specific exception in Canadian copyright law for text and data mining or for training AI models. However, in this situation, researchers often avail themselves of two existing exceptions in Canadian copyright law: temporary reproduction for technological processes and fair dealing. S. 30.71 of the Copyright Act reads “It is not an infringement of copyright to make a reproduction of a work or other subject-matter if (a) the reproduction forms an essential part of a technological process; (b) the reproduction’s only purpose is to facilitate a use that is not an infringement of copyright; and (c) the reproduction exists only for the duration of the technological process." If there is a need to retain the reproductions made for the purposes of verification or validation (e.g., for peer review), fair dealing may apply in this case. 
• The second issue relates to contracts/licenses and terms of use. Access to much of the content that researchers wish to use in the training of their AI model is governed by some form of license. Because the databases and other electronic resources to which the McGill Libraries provide access are available only under the terms of specific licenses, you must contact the McGill Libraries before using any of this content for AI training purposes. Note that works available outside of the Libraries (either personal subscription-based or free) are also governed by terms of use that may restrict use of material for text and data mining and AI training purposes. 
• In addition, access to training material may be controlled by technological protection measures. If the data are protected by digital locks that prevent you from mining the content in the manner your project requires, breaking those digital locks would likely represent an infringement of copyright.

The University of Toronto provides some helpful additional guidance on their Generative AI tools and Copyright Considerations guide.

• McGill users only
• Open access resource
• Free resource
• In-library use
• Catalogue record