I have personally researched the UK Copyright act, in regards to the frankly pathetic rules put in place by OCR which restricts the use of copyrighted music within our coursework production. I found the following information from this official website.
Education -
32 Things done for purposes of instruction or examination
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—
(a) is done by a person giving or receiving instruction, and
(b) is not by means of a reprographic process.
(2) Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction.
(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.
(4) Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.
(5) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, it shall be treated as an infringing copy for the purpose of that dealing, and if that dealing infringes copyright for all subsequent purposes.
For this purpose “dealt with” means sold or let for hire or offered or exposed for sale or hire.
32 Things done for purposes of instruction or examination
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—
(a) is done by a person giving or receiving instruction, and
(b) is not by means of a reprographic process.
(2) Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction.
(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.
(4) Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.
(5) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, it shall be treated as an infringing copy for the purpose of that dealing, and if that dealing infringes copyright for all subsequent purposes.
For this purpose “dealt with” means sold or let for hire or offered or exposed for sale or hire.
This official UK copyright act clearly states that the use of copyrighted materials, such as music, is not applicable to those using the copyrighted material for educational purposes - aka, constructing a professional-looking Media production for educational purposes. The materials Media students need are digital, meaning no reprography would be used in the use of these materials. Moreover, the finished product is not being used for any business or profit-making organisation, which further allows the use of copyrighted materials in this instance.
OCR have asked Media students to create a realistic- and professional-looking production to submit as coursework. One of the most important factors in ensuring the production is well-constructed, and creates the atmosphere and demonstrates the message desired by the director, is through the music included in the production. Therefore, asking Media students - students who have shown an interest in film, magazine, and communications - to then create a piece of music which would successfully suit a Media production, is wrong. If we, as a group of students, were interested in the construction and understanding of music, we would have taken a Music course - in which I assume we would not be asked to shoot a music video to fit our music.
In order to create the soundtrack we want as a part of our product, to create the atmosphere we desired in pre-production, we would need years of music training, skills in multiple musical instruments, access to a recording studio, an orchestra, and a ridiculous amount of money. Fortunately, the copyright law allows students to use copyrighted music for educational purposes in the creation of film. Unfortunately, OCR have disregarded this important fact, to further burden their students with an almost impossible task.
Moreover, I can't think of any directors within the film industry which both direct the entire film product, and create a soundtrack which would fit with the film. Danny Boyle, director of hit 2009 feel-good success, 'Slumdog Millionaire'? No. World famous and successful science-fiction director George Lucas? No. How about the incredible Steven Spielberg? Also no. The directors of these successful films hire those who have extensive knowledge in music, to create the perfect soundtrack to an excellently constructed production.
Without an appropriate soundtrack, the best production in the world would be pathetic. Indeed, it seems OCR would rather we, as successful Media students, don't make use of the materials already created which would fit our production perfectly - even though the Law itself states that this is acceptable for educational purposes. Instead, we will put effort in and do our best to create an excellent production, before then attempting to create an appropriate soundtrack, which will probably lower the overall standard of the finished product.
COMMENT. BEAUCHAMPS MEDIA SAID:
I fully appreciate your frustration and share your concerns Luke. However, the fact remains, as previously stated, that if the examiner wants to examine your production using public file sharing networks and the sound has been removed by an outside agent due to THEIR interpretation of copyright rules, your production will inevitably lose marks for being silent. Since it would have music if you had followed the recommended guidelines, that will be seen as your responsibility and choice and you will be marked accordingly. Harsh but true.
