The law on photocopying
Photocopying music is not necessarily illegal, but unauthorised photocopying is. Only the copyright owner (who is generally the publisher) has the right to make copies of the work or authorise someone else to do so, and this restriction applies for the life of the author and continues for 70 years after his/her death. In the case of a printed edition, the typography is also protected by copyright: this lasts for 25 years after the edition was first published. The copyright period was recently extended from 50 to 70 years in Europe and many works which had gone out of copyright came back in. USA law extended the copyright period to 708 years in 1998.
Under the law, performance in an examination is considered to be a public performance and therefore unauthorised photocopying is illegal. Exactly the same situation applies in other countries such as Australia and the USA, under the internationally agreed Berne Convention.
Exceptions to the rule There are some basic exceptions to this ruling – only those directly relevant to the examination process are covered below. 1. The making of copies to help with page-turns is not actually allowed under UK law. However, the MPA considers the copying of single papers for this purpose to fall within the definition of “fair dealing” and Trinity agrees with this. 2. In an emergency (for example when a copy has been lost and another cannot be obtained in time for a performance) a single copy may be made, so long as the copy is replaced as soon as possible after the event. In an examination, the examiner will not know the circumstances, so if this situation occurs candidates or their teachers should contact Trinity with proof of initial or repeat purchase. Trinity will then issue an authorisation so that candidates are not penalised. 3. If a piece of music is only available in a collected edition and is not available separately, a copy may be made to avoid having to purchase the complete edition. This permission refers only to multi-volume collected works and specifically excludes anthologies of (for example) Schubert songs. Beethoven sonatas or Bach’s ‘48’. It is extremely rare that a Trinity syllabus would include such a piece, and if so this would be made clear in the regulations for that syllabus. 4. A single photocopy of ‘own choice’ may be made for an adjudicator for a competition or festival so long as the performer has already brought a copy for his/her own use. The MPA guidelines state that this does not apply to set works. Trinity however allows candidates to provide examiners with a photocopy of any works that they are performing in an examination, provided that the original is also present (this may be the accompanist’s copy). Examiners will retain these copies and destroy them after the examination is over.
What this means for examination candidates
Trinity’s regulations state:
Difficult page turns should be overcome by photocopying one or two pages. The examiner will not be able to act as a page-turner.
Candidates for certificate and diploma examinations must provide a copy for the examiner of all pieces which they are performing. These copies must be the same edition as the candidates’ version.
In all examinations, photocopies can be used for this purpose, at the candidate’s expense. Photocopies given to the examiner will be kept and destroyed after the examination.
It is very important that candidates, their teachers, examiners and Trinity staff are all able to determine whether or not a copy has been made legally or not. If examiners see that a photocopy is being used, they will not necessarily know whether it is a legal copy, and time spent trying to find out will upset the timetable and will certainly disturb the candidate’s concentration on the performance. Add to this the complexity of international law on copyright and the situation can become very confused. Trinity’s rule is therefore that photocopies may not be used – unless they are properly authorised.
Remember that although the music may be out of copyright, the edition you are using may not be. Examiners will not have time to check this either, so if you believe that a photocopy would be legal you should always contact Trinity’s head office for confirmation. Singers must remember that both the music and the words of songs are covered by copyright, and the duration of copyright for the words may be different from the copyright of the music. This duration may also differ for translations of songs in different languages. Any words (including translations) which singers include in written programme notes, where required for Presentation Skills, must be properly credited to their author.
If copies are authorised, whether this is by Trinity or by the publisher/copyright owner, the letter of authorisation should be shown to the examiner at the start of the examination. If the publisher has provided a copy, it will carry a stamp or a sticker to say that it is a permitted copy. If a work is out of print, teachers and candidates should apply to the publisher, who will normally either supply the work themselves or will allow copies to be made. The publisher may charge for this permission. If the work is still in copyright, the publisher may not necessarily give permission for copying the work and it must not be assumed that they will automatically allow it.
Examiner’s copies
Candidates who are performing from memory must bring an original of each piece for the examiner to use. Candidates in certificate and diploma examinations may bring a printed copy of the music for the examiner to use or, so long as they are performing from a printed copy, may bring a photocopy for the examiner.
What about singers?
Unlike instrumentalists, who use a separate solo part this is usually sold with the score, singers will use a score in most cases. This means that if they and the accompanist must use a printed copy of a piece, two scores need to be purchased. Trinity understands that this is unfair and can often be very expensive, so as long as one original is being used, by either the singer or the accompanist, a second original is not required in an examination.
Many song books are large and heavy. Singers often complain about having to hold these books when singing as this can create tension, especially in younger performers. It is therefore permissible to copy individual songs and put them into a folder. If a candidate chooses to do this, the original books from which the songs are taken must be brought to the examination. Very often the accompanist will use these, or they can be handed to the examiner if the accompanist also wishes to use a folder for convenience.
Transposing accompaniments
Trinity’s regulations allow the use of transpositions in some circumstances. Occasionally, the accompaniment to a song or a work for (say) E Flat tenor horn will need to be transposed and not everyone can do this without writing it out. Candidates and their teachers should normally make use of published transpositions wherever possible, but if there is no published version in the right key, a hand-written transposition is allowed. A computer-printed transposition is also allowed. The original score must always be brought to the examination and given to the examiner.
Parts for large ensembles
If the parts of an orchestral or band piece are sold only in sets, individual extra copies may be made so long as this does not exceed a ‘quarter set’: if there are twenty-four parts in the set, you can make up to six extra parts in total. You must already have brought or hired one or more sets. Normally these extra copies must be returned to the publisher with any material that is hired.
Copies in large print, Braille etc
Candidates with special needs may make single large-print or Braille copies of music without infringing copyright regulations provided they first obtain the publisher’s permission. Publishers will then normally issue a ticket for large-print music that confirms that it is an authorised copy.
Who to contact
In the case of out-of-print music or music you cannot obtain, contact the original publishers first. The publishers will tell you if they can send you a copy or if you can make one yourself. Publishers have the right to refuse permission if they wish. Do not contact Trinity in this case: you must use an original.
If you need to obtain Trinity’s authorisation for the use of a photocopy or to check that you are using a legal copy, please write, email or send a fax to the Chief Examiner in Music at Trinity’s head office:
Trinity College London
Enclose the complete photocopy that you want to use, making sure that all the original publisher details are shown on the copy.
The Music Publishers’ Association Ltd
Remember
In an examination, if you or your accompanist uses a photocopy that is not authorised, no marks will be given for that section. So, if in doubt, use an original.
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