A reader writes:
I majoring in music and I oftentimes get sheet music in my
classes and private lessons. Many of these are of a full song and sometimes
copied straight out of a book. Some are modern songs that aren’t in public
domain. I fear the teachers may not have gotten permission to use these but
I don’t know the law well enough to say whether it is fair use. I know you
probably aren’t an expert on copyright, but being somewhat scrupulous, I’m
not sure how to go about doing my work while fearing that I could be
violating copyright. I certainly don’t want to commit mortal sin just to do
my homework. Should I bring it up whenever I feel it is a problem, or
should I just let the teachers worry about it? May I just ignore it and
give extra to charity? Any advice would be helpful.
I don’t have the background in civil law needed to answer the question of what civil law would say about this situation, so I’ll answer it primarily in terms of moral law, with the caveat that the moral law answer may clash with the civil law answer. If it does then it would be a matter of prudence as to whether you should follow the moral law answer in violation of civil law. As long as you’re doing what’s moral then, by definition, you’re morally safe, and it’s a question of whether you’re willing to take the risks associated with not following the civil law answer. (In this case–that of a student being given fishy sheet music by his teacher–I would say that the risks are small.)
Let’s start with whose responsibility it is to secure rights to the sheet music in question: It’s your teachers’. If they are violating copyright in their production of this material then that is fundamentally their responsibility, not yours. You are only involved to the extent that you are cooperating with the situation, and your cooperation looks to be remote and material only. Remote material cooperation can be morally legitimate when there is a proportionate reason, and your need to get an education is certainly a proportionate reason to go head and play what’s on some shady sheet music that your teacher puts before you (or sends home with you).
The situation of teacher and student is analogous to the situation of employer and employee. If, once you’re out in the workplace, your employer (let’s say it’s a symphony orchestra) puts fishy sheet music in front of you then your need to make a living is a proportionate reason to play what’s on it.
The same goes for people in other fields of employment whose bosses require them–as part of their work–to use things that they haven’t secured the rights to. For example, if you work in an office and your employer hasn’t gotten a software license for the copy of Microsoft Word that is on your computer then you go ahead and use the word processor. It’s your boss’s moral responsibility to get the license, not yours. Your need to earn a living is proportionate to the individual act of piracy that you are (at best) remotely cooperating with.
Of course, to the extent that prudence allows we should encourage our employers (or teachers) to obtain the needed rights or permissions, but our ability to do this prudently is often very limited. People can be denied pay raises or promotions or good grades if they come off as scrupulous troublemakers to their superiors. In extreme cases, they can even end up fired or failed. As a result, significant caution should be exercised in making the decision whether and how to address such matters.
In the case of courses taken at an academic institution, the professor (as opposed to the student) is very much in charge of the classroom, and I generally advise students to keep their heads down, not make trouble, get good grades, and then deal with the situation (if it’s worth dealing with) once one is an alumnus and can no longer be hurt by the institution. There are exceptions to this rule, of course, but erring on the side of caution is my general advice.
In the case of the private lessons you are taking, though, you may have more leeway. The student in such a setting may be in a better position to say, "Hey, why don’t we study this (non-problematic) material?"
One last bit of info, which pertains specifically to educational situations: U.S. copyright law includes fair use provision that allow for academic/educational use of limited amounts of copyrighted material. This is one reason, for example, that professors of various disciplines may make photocopies of individual journal articles or individual chapters of books and distribute them to their students via professor publishing.
At least in some settings this is allowed.
Whether it is allowed in the case of the sheet music you are being given, I couldn’t say–I don’t know enough about the provisions of civil law on this point or your own situation. Whatever the case might be, however, I would seek to avoid scrupling over this issue, and you would not have a moral obligation to give extra to charity, as revealing as that thought is about the good intentions you clearly have.