Fair use - musical in a classroom

July 10, 2023 @ 7:54amaross87 says:
I am trying to help a faculty member understand grand rights and our institutional licensing coverage while also balancing out fair use options. They may want to make changes to their plan depending on what I can explain to them but I want to get my wording right and make sure I'm thinking about this correctly. If a theater class is putting on a faculty-written play (that they will not be charging for) but that uses music (that they want to perform, not just recordings of a song they want to play) from a copyrighted source (so, more of a musical situation), under what scenarios/would there be scenarios when using/performing the copyrighted music weighs in favor of fair use for a class situation like this? Fair use still trumps the need for grand rights, correct? But fair use can only be decided by a court, and our institution is risk averse. But what are the things to consider if the faculty memeber decides to go through with this?

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