Copyright question for a concert
A school ensemble will be presenting a concert and playing several songs featured in movies. We would like to show either short clips from each of the movies, or a series of still shots from each movie, before we play the song selection associated with the movie. I am hoping that use of these clips or still shots falls under the "Fair Use" clause of copyright law.
Answer
This use may not fall under Fair Use, mostly because it is for a public event (even if it is educational and non-profit) and using dramatic works (films), which even in clip form could be considered a violation.
The National Association for Music Educators website:
https://nafme.org/my-classroom/copyright/copyright-performance-exemptions/
lists a series of exemptions from having to obtain permissions. School concerts are listed as being an exemption, but only when the music is “non-dramatic”. From the site:
“NOTE: Copyright law distinguishes between dramatic and nondramatic works. Performances of musical plays (dramatic works)—whether in their entirety, condensed, or just scenes—do not fall within these exemptions—even if there is no commercial advantage to anyone.”
If even short scenes from musicals require permission, film clips would also likely require permission unless it is a very small portion, as in under 10 seconds. Stills of the films would likely be fine, since they are such a small portion of the work and are not showing any dramatic action.