Skip to main content Skip to main navigation Skip to footer content
The Ames Library

Concert & Event Recording Policies


MUSICAL PERFORMANCES:

[IWU adheres to the US Copyright law ( codified at 17 U.S.C. §§ 101 - 1401.)]

What can be recorded :  

Student productions can only be recorded when the project is in fulfillment of an academic requirement. 

Audio and video recordings of department and faculty or student musical productions can be created if the presentation is an original work by a faculty member or student, and they sign a recital recording release provided by IWU School of Music. If the recording is intended for the Digital Commons, the Non-Exclusive License Agreement must also be completed.  

Performances of copyrighted works can be recorded and placed in the archive, but will be made accessible only to those students who performed in the recital, and only for academic, personal, or portfolio/application use. Copyrighted works may not be recorded by the audience or posted to social media.

Musical productions that include a visual element, such as opera, require obtaining permission to record from the copyright holder/company from whom permission to perform is obtained. According to The National Association of Music Educators , "Dramatic musical works (opera, ballet, musical comedy, etc.) are distinct from strictly musical works and require an individual license. ASCAP, BMI, and SESAC do not license dramatic works, only musical works." 

 It is important to note that purchasing music does not necessarily convey the right to publicly perform or display it. Composers and publishers who own copyrighted musical works have broad and exclusive “rights of public performance.” This means that unless some exception applies, whenever a college or university performs a musical work it must do so pursuant to a license. Permissions typically are obtained through one of three performing rights organizations: American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC (originally the Society of European Stage Authors & Composers). IWU holds memberships in all three. The copyright owner has the exclusive right to make copies of, or to reproduce mechanically, nondramatic musical works for distribution. Whenever using music in a recorded production—e.g., a video made available on the university website—it is important to consider whether one or more sync licenses are needed. 

 

Please see Appendix A for Archiving Practices for Musical Performances

SPOKEN PERFORMANCES & THEATRICAL PRESENTATIONS:

Audio/video recordings of department and faculty or student productions can be made if the presentation is a copyrighted script and written permission is obtained in advance from the publisher or owner of the copyright. Some works which one might believe to be in the public domain may still carry a copyright for translation, stage direction or other modifications, and written permission is still necessary.  If the presentation involves copyrighted music (such as a dance concert) written permission must be obtained from the music publisher or owner of the copyright. 

 

GUEST LECTURES & SPEAKER AGREEMENTS:

The University department seeking to create audio/video recordings of guest lectures should secure a signed agreement directly with the licensing agent.  Copyright and permission details should be included in the agreement. Formal agreements typically detail stage set-up, compensation, speaker and host responsibilities, making and sharing of photographs, and creation of audio/video recordings. A standard indemnification clause that protects IWU should be included. Posting and sharing of any and all portions of guest lectures are expected to adhere to these written agreements. Advice and information regarding these agreements can be addressed to the Director of University Communications, the Director of the IWU Office of Government & Community Relations and/or the University Copyright Officer.

Copies of the signed forms reside with the offices/departments that arrange the event/performance.  Contact the University Archivist when there is interest in permanently retaining these events. If the University Archives and Special Collections is given the performances for permanent retention, the forms must be transferred to the University Archives.

(February 2022)

Appendix A: Archiving Practices for Musical Performances

What will be archived :  

Ultimately, the decision of what will be archived rests with the School of Music in consultation with the University Archivist as to feasibility and best practices. The following have been identified as categories for which all performances will be recorded and become part of the University's historical records and maintained by the Archives:

  • School of Music Ensemble Performances
  • Student Honors Recitals
  • Required Senior Recitals from Performance Majors
  • Faculty-designated "outstanding student works"
  • Recordings of Faculty Recitals
  • Specific additional works identified by the Faculty of the School of Music (above policies about what can be recorded apply to guest recitals, as do the mechanisms for permission listed in Guest Lectures & Speaker Agreements below).

The School of Music will notify The Ames Library of any changes in their practice of what is archived so that the Library can assure that it is continuing to archive all pieces that the School of Music has identified. Such changes will be noted in this document, with documentation of the date of change.

If Student Honors Recitals and faculty-designated “outstanding student works” are original compositions and selected for inclusion as outstanding works by the faculty of the School of Music, performers will be required to submit a Non-Exclusive License Agreement and the works will be placed in Digital Commons with no access restrictions.

Copyrighted materials will only be made accessible on demand and cannot be placed online; please contact the Archives for more information.

Archiving Mechanisms:

The responsibility for recording performances falls to the School of Music with appropriate attention to what can be recorded and consultation with the University Copyright Officer as needed.

The recordings will be delivered to the Archives as digital files. Because best practices for digital archiving shift over time, the School of Music and Archives will regularly revisit the preferred mode of such files. Current standards require such files to be lossless and include embedded metadata: preferred standards will continue to be updated in this document, with documentation of the date of change.

Materials requested from the archive will be made available as a digital link. Access may be restricted according to the guidelines outlined in “What Can be Recorded” above.

If the School of Music wishes a performance to be available in the library stacks for circulation within the library, they must provide a hard copy of the performance in the format currently used by the library in addition to the digital file.

The Ames Library will accept archival submissions at any point. They may also send an annual request for any not yet received materials in the categories listed above.  The Archives will maintain a finding aid for all materials received, but these works will not be included in the catalog. 

(April 2022)