Case+54+-+Mr.+Wilcox's+Ensemble+Recording+Lesson

Mr. Wilcox teaches a music class and during his large ensemble rehearsals, the band works on perfecting various pieces of repertoire that they are preparing for their concert. He finds that there are elements of the music his students are missing because this is their first experience studying this type of music. To improve their understanding, Mr. Wilcox decided to share recordings of the songs with his students by posting it on the website that he maintains for class purposes. He also records the students’ performance of the same piece and uploads it to the website for their personal critique.

Mr. Wilcox is concerned about sharing this music beyond the classroom, as many different people outside of his class can then have access to his students’ performances, and also the professional recordings. To limit exposure of these recordings to the public, Mr. Wilcox secures this area of his website with a password that only members of his class have access to.

//Commentary//

//The professional recordings used, had been posted in a format for students to listen to only from the website, in their complete state (supported by Factor 3). This supports the listening only purpose, which is the original intent of why they were created by the artist (supported by Factor Two), and prevents students from downloading and sharing the recording with others (supported by Factor 4). This satisfies the two questions asked by the NCTE Guideline in Fair Use, and confirms that Mr. Wilcox was acting in agreement with the Fair Use Guidelines. It is also supported by the Copyright Act Factors One, Two, There, and Four.//

//By securing this website with a password, he confines the use of these recordings to being utilized by only those who are in the class. Under the TEACH Act, he is protected by Fair Use, as he is acting within the appropriate guidelines, and limiting it from being used by others outside of that particular classroom. The Copyright Act supports this, in addition to Factor One because it is being used for non-profit and educational purposes.//