Online Music Lessons Legal and Ethical Considerations 3 — Questions and Answers
Question 1: An online music teacher uses a backing track found on a free music download site. Before using it in a commercial course, the teacher should verify:
- That the file format is MP3
- That the track has a license permitting commercial use (Correct answer)
- That the track is at least 10 years old
- That the track has been downloaded more than 1,000 times
Correct answer: That the track has a license permitting commercial use
Free download does not equal free commercial use; the license terms must explicitly allow commercial applications.
Question 2: What is a 'synchronization license' required for in the context of online music lessons?
- Syncing student lesson schedules across time zones
- Pairing copyrighted music with video content for distribution (Correct answer)
- Synchronizing audio tracks in a DAW
- Streaming live performances online
Correct answer: Pairing copyrighted music with video content for distribution
A sync license is needed when copyrighted music is paired with video for distribution, such as in a pre-recorded online course.
Question 3: A student accuses an online music teacher of plagiarizing their original composition. The teacher claims they independently composed a similar piece. Which best protects the teacher?
- Proof that the teacher's composition was created before or independently of the student's work (Correct answer)
- A signed lesson contract
- Proof that the teacher has a music degree
- Evidence that the student is not a professional composer
Correct answer: Proof that the teacher's composition was created before or independently of the student's work
Independent creation is a valid defense to copyright infringement; timestamped drafts or prior recordings establish this.
Question 4: Under COPPA, what must an online music platform do before collecting personal data from a child under 13 in the US?
- Obtain verifiable parental consent (Correct answer)
- Register with the FTC
- Obtain a federal education license
- Notify the child's school district
Correct answer: Obtain verifiable parental consent
COPPA requires verifiable parental consent before collecting personal information from children under 13.
Question 5: A teacher arranges a copyrighted song for their student to perform. To legally sell or distribute printed sheet music of this arrangement, the teacher needs a:
- Performance license
- Master use license
- Print/mechanical license from the copyright holder (Correct answer)
- Public domain declaration
Correct answer: Print/mechanical license from the copyright holder
Distributing printed arrangements of copyrighted songs requires a mechanical or print license from the music publisher.
Question 6: An online music teacher offers a 'money-back guarantee' in their marketing but then refuses refunds. This could constitute:
- Copyright infringement
- Deceptive trade practices or consumer fraud (Correct answer)
- A breach of music licensing rules
- An FERPA violation
Correct answer: Deceptive trade practices or consumer fraud
Advertising a refund policy and then not honoring it is deceptive and may violate FTC regulations on truthful advertising.
Question 7: Which of the following is NOT typically covered by a blanket music license purchased by a streaming platform?
- Streaming pre-recorded cover songs
- Creating and selling your own derivative arrangement as sheet music (Correct answer)
- Publicly performing songs live on the platform
- Playing background music during a webinar on the platform
Correct answer: Creating and selling your own derivative arrangement as sheet music
A blanket streaming license covers performance and streaming but does not grant rights to create and sell derivative works like printed arrangements.
Online Music Lessons Legal and Ethical Considerations 3
An online music teacher uses a backing track found on a free music download site.
Before using it in a commercial course, the teacher should verify: