Submission Date
Question
More than once we have received requests to provide digital copies of audio files from institutions that wish to make them accessible either through headphones or as ambient sound as parts of public exhibitions. The exhibitions presumably charge some sort of fee. We have had requests both for commercially released recordings and for archival, unpublished recordings for which we do not own either composer or performers rights, some of them dating prior to 1972.
Some of the questions raised from this issue:
- What do requesting institutions have to do to acquire the necessary rights to play audio at their exhibitions?
- Does it matter if audio is provided via headphone or open speakers?
- Does it matter if an entire recording is played vs. an excerpt?
- Are excerpts of certain duration allowable regardless of securing permissions?
If excerpts of a certain duration are allowed, is it the duty of the holding institution to create the audio files of the excerpted portion rather than providing the audio of an entire work? - As many exhibitions occur at locations remote to the holding institution, actual on-site checks for compliance are prohibitive. Does this change anything in terms of how permission forms should be crafted?