You Gotta Fight for Your (Copy)right!: Understanding Copyright and Fair Use

What is a copyright and why is it important to the music industry?

Know (Knowledge)

• The definition of copyright and intellectual property
• What types of works can be copyrighted
• The meaning of fair use and examples of it
• Historical examples of copyright violations in music and other media

Mastery Objective

• Students will be able to analyze real-world examples to determine whether a use of music constitutes fair use or a copyright violation and explain how artists can protect their creative works by registering copyrights.

In this lesson, students will explore the concept of copyright and its impact on the music industry. Students will engage with real-world examples of famous copyright cases, learn the basics of intellectual property and fair use, and evaluate various real-life scenarios to apply their knowledge. 

According to the U.S. Copyright Office, a Copyright “ is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” In brief, copyright exists to protect an author’s creation from being stolen or unjustly profited from, and it covers a wide variety of materials, from paintings to blogs to computer programs.

Copyright law is extremely important, as it allows inventors, writers, musicians, and artists a legal right to benefit from the fruits of their labor. In doing so, copyright helps inspire people to create, as they have assurance that their work is protected.

In practice, however, navigating copyright law is complex. Culture evolves, one idea spurs the next, and it is often difficult to establish the boundary between where inspiration ends and theft (or copyright violation) occurs.

Music provides an excellent example of the complexities of copyright. How can one determine if a song was used as inspiration or if it was outright stolen? How much variation need occur?  And what determines a song’s copyright to begin with? Is it the chords? The rhythm? The style of playing the instrument? Some combination of these musical elements?

There is no definitive answer to these questions, and often they are determined not by the Copyright Office, but between lawyers in court on a case-by-case basis.

This lesson allows students to role-play judges in such courts. After understanding the basics of copyright, students are asked to adjudicate real-life legal cases involving copyright claims. By the end of the lesson, students will have a deeper appreciation of the importance of protecting creative works and the legal tools available to artists and musicians.

• Classroom Access to YouTube
• Sticky notes (approximately 40)

1. Print Station Activity – Copyright Relay Case Cards. Create six stations around the classroom and place one page at each station. In addition, have a device at each 4 stations, containing:
   1. Station 1: Clip 1, Comparing Robin Thicke’s “Blurred Lines” with Marvin Gaye’s “Got to Give it Up”
   2. Station 2: Image 1, Shepard Fairy and the Obama “Hope” Poster
   3. Station 3: Image 2, Richard Prince’s Instagram Series
   4. Station 4: (not needed)
   5. Station 5: (not needed)
   6. Station 6: Clip 2, Comparing The Verve’s “Bitter Sweet Symphony” with The Rolling Stone’s “The Last Time”