Are public libraries violating copyright law if they use recorded music during storytimes and other programs? This question has been popping up on professional library listservs, and some libraries around the country have been told by music licensing companies that they are violating copyright law for playing recorded music or performing songs during library storytimes. Since most public libraries use music for storytimes and other programs, librarians should know that copyright issues are at stake. Unfortunately, consensus does not exist on whether librarians are legally using music when they conduct storytimes and other programs.

On its 2005 Summer Reading Program website, the Texas State Library cautions librarians that "if you use music in storytimes, programs, puppet shows, and such, you might want to get legal advice as to whether or not a license is required for those public performances to whether the use is considered "fair use" under copyright laws." The Texas State Library states that it may be possible to argue that storytimes are educational settings and therefore use of music should meet the requirements for teaching exceptions. However, it is unclear whether public libraries meet these criteria of educational settings.

According to ALA Copyright Specialist Carrie Russell, using music in the context of a library storytime probably does constitute "fair use." The "fair use" exception takes into account several factors including the fact that libraries are using the music for a nonprofit, educational purpose. (For the definition of "fair use," see Section 107 of the U.S. Copyright Law at www.loc.gov/copyright). Russell says that the librarians should be worried about violating copyright if the "storytime session was recorded and then broadcast on cable TV."

Other professionals point out that libraries are not really considered educational settings and that libraries have to have umbrella licenses-whether they are showing videos or playing recorded music.

It does seem clear that libraries are on shaky ground when it comes to "music that is played while families enter the program room, theme music for puppet shows, a song played to start or end the storytime program each week, background music for gatherings, or music played for a teen program." These uses of music "would probably not be considered either an educational exception or a fair use. For those uses, the library needs a public performance license or licenses. If the children sing a song, it is technically considered a public performance and a license is required unless the song is in the public domain." (Texas State Library).

So, what should you do, since children's librarians want to use recorded music and want to encourage music and song as important pre-literacy instruments? A library should check with an attorney, and also explore getting a public performance license from one or more of three organizations that currently grant them. According to the Texas State Library, "most U.S. songwriters and composers join either the American Society of Composers, Authors, and Performers (ASCAP) http://www.ascap.com/licensing/imla.html, or BMI, Broadcast Music, Inc. (BMI) http://www.bmi.com/licensing/. Both ASCAP and BMI provide low-cost licenses for governmental organizations. A third organization, SESAS, Inc., http://wwwsesas.com/, is relatively new in the United States. It licenses music that the other two organizations do not. All three organizations provide online databases of performers and titles covered so you may ensure that what you want to use is covered by the license you have purchased. If you use varied sources of music, you may need licenses from all three organizations, or you will need to be very selective in your music use!"

Your city or town may already have an umbrella music license, which would then cover the music you play in the library. You should check with a town or city official to see if a license exists and for which licensing organizations. Fees for a license are based on population; municipalities under 50,000 can probably expect to pay about $250/year for a license.

As more experts weigh in on the music copyright issue, we may have some more definitive answers. In the meantime, libraries should be aware of the questions and should assess their use of music.