ption to the rights of the copyright holder. Fair Use or fair practice, is the utilization of a portion of a copyrighted material for the purposes of a parody, news reporting/criticism, research, and education without the permission of the creator. (http://www.musiclibraryassoc.org/copyrght/guidemla.htm) Fair Use can also be known as works granted to the public. There are four factors in determining what enacts the fair use doctrine they are first, the purpose and character of the use. (Baskerville 92) This includes whether the material is intended for commercial, non-profit or educational use. Second, the nature of the copyrighted material. (Baskerville 92) This states whether the work is factual or creative. Third, the amount the original material used. (Baskerville 92) This means the amount of the portion that was copied used to determine the degree of harm to the original owner. Fourth the effect on the potential market. (Baskerville 92) This is the value of the copyrighted work. Copyrighted works may also enter the public, if the copyright owner grants the work to the public. (http://www.sls.lib.il.us/reference/html) Mechanical LicensingUnder the United States Copyright Act, the right to use copyrighted non-dramatical musical works in the making of CD's or cassettes for distribution to the public for private use is the exclusive right of the copyright owner. (http://www.nmpa.org/mechanical.html) However, if a person is not the original copyright owner, and wishes to manufacture CD's or cassettes then he or she needs to obtain a license for each song. Once, a copyright owner has recorded and distributed their musical works to the public. Then, a mechanical license is available to anyone else who wants to record and distribute that work with the payment of licensed fees set at a certain by the Copyright Act. (http://www.nmpa.org/mechanical.html) If a person wants to perform the works in public, they need to get...
