Hi all,
I'm a web developer in London. I'm currently creating a paid-for web development course. In some sections of the course, I present the students a challenge where they build a simple site, similar to "album of the year". For those unfamiliar, it's a site where users can grade their favourite albums. When you enter the site, the albums are presented in a grid-like format.
During the course and exercise, I do not transform the album art in any way, and present the album covers as is, and do not ask the students to transform them either. I do not criticise the art work, and the art works themselves aren't a selling point of the course.
Am I safe enough to continue using them, or do you think it would simply be worth me using copyright-free images instead?
Using album covers in a paid online educational course
Re: Using album covers in a paid online educational course
Hi uk webdev and welcome to the forum,
As you have acknowledged, album covers are almost certainly going to be protected by copyright, and given that the term for copyright is the lifetime of the artist or photographer who created the album art plus 70 years after they have died, that covers virtually every album cover ever created (the Beatles' White Album might be an exception!). I can't see any exception to copyright which would be applicable here. The nearest would be the provision for the purpose of private study or research (section 29 CDPA), but I think, given the commercial nature of the course, that would not work here.
There is a widespread acceptance that using an image of an album cover as a shorthand way of referring to the music of the album which I suspect that the record companies condone, since it tends to enhance the status of the albums as somehow totemic. But the fact that a practice is commonplace may not work as a defence if you came across a record company who didn't approve.
On that basis I would suggest the risk still exists and you would be better to get permission. As the three major record labels (Warner Music Group, Sony Music, and Universal Music Group) own the rights to roughly 70% of the music on the market today, it may be worth approaching all three of them and asking for blanket permission. Obviously if they decide to charge a fee then this wouldn't be viable, but if they do agree, then it would provide you a degree of certainty, and then maybe you can take a risk with not contacting all the independents on the basis they would probably follow the Majors on this.
As you have acknowledged, album covers are almost certainly going to be protected by copyright, and given that the term for copyright is the lifetime of the artist or photographer who created the album art plus 70 years after they have died, that covers virtually every album cover ever created (the Beatles' White Album might be an exception!). I can't see any exception to copyright which would be applicable here. The nearest would be the provision for the purpose of private study or research (section 29 CDPA), but I think, given the commercial nature of the course, that would not work here.
There is a widespread acceptance that using an image of an album cover as a shorthand way of referring to the music of the album which I suspect that the record companies condone, since it tends to enhance the status of the albums as somehow totemic. But the fact that a practice is commonplace may not work as a defence if you came across a record company who didn't approve.
On that basis I would suggest the risk still exists and you would be better to get permission. As the three major record labels (Warner Music Group, Sony Music, and Universal Music Group) own the rights to roughly 70% of the music on the market today, it may be worth approaching all three of them and asking for blanket permission. Obviously if they decide to charge a fee then this wouldn't be viable, but if they do agree, then it would provide you a degree of certainty, and then maybe you can take a risk with not contacting all the independents on the basis they would probably follow the Majors on this.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: Using album covers in a paid online educational course
Thanks a lot for the detailed response AndyJ, your response has really been helpful.
As the actual impact of the album art plays such a small part in my online course that I think I may simply look at using a royalty-free alternative.
As the actual impact of the album art plays such a small part in my online course that I think I may simply look at using a royalty-free alternative.