IMPORTANT DISCLAIMER - PLEASE READ
Eclectic Sky Mobile Recording Studios primarily serves the non-commercial educational music area
of recorded music. The scholastic recordings produced by Eclectic Sky Studios are intended for the
non-commercial, educational, personal use by the student musicians, clinicians, teachers, etc. for
the purposes of educational evaluation of their performances. These recordings are not intended for
commercial distribution or sale, and will NOT be sold to the general public.
There is no business relationship between Eclectic Sky Studios and any entity for whom
this material is recorded. The relationship that does exist is on a personal basis for the
mutual benefit of the music program and to those involved in it. The sale of CD's are used
to help defray the cost of materials, and maintaining the recording equipment used to produce
these CD's, not of the performance itself, and not to make a profit.
The purchase of these recordings is essentially a contract between Eclectic Sky Studios and
the individual purchaser, which provides a recorded "memory" of individual performances of a
particular performing artist for their personal performance evaluation. As such, these
recordings are considered to be an invaluable teaching tool, both for student and teacher,
which provides a method for critiquing the ensemble as well as the individual performance.
As for the actual recording of these works, because the performance itself is an extension
of music education, or the demonstrated results of that educational effort, the principal of
"fair use" would therefore apply (see below).
It is my hope and intention that as many people as possible can enjoy these performances, and
are produced purely for the love of the performing arts. Enjoy!
The "Fair Use" Principle: Personal use of copyrighted works are generally allowed under the
"fair use privilege" regarding copyrighted works. Fair use refers to an individual's right to
use copyrighted material in a reasonable manner without the consent of the copyright owner.
In Sony v. Universal City Studios; the U.S. Supreme Court stated, "any individual may
reproduce a copyrighted work for a 'fair use;' the copyright owner does not possess the exclusive
right to such a use."
In Section 107 of the US copyright law, it describes "particular work[s] may be considered
"fair [use]," [when it involves areas] such as criticism, comment, news reporting, teaching,
scholarship, and research. Section 107 also sets out four factors to be considered in
determining whether or not a particular use is fair: 1. the purpose and character of the use,
including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential
market for or value of the copyrighted work."
In an effort to comply with "fair use', Eclectic Sky Studios reserves the right to refuse the
sale of a CD recording to any individual who does not qualify as being "part" of the particular
music program, class, ensemble, etc. which is the subject of these recordings. Further, Eclectic
Sky Studios acknowledges that all works performed are the property of their respective owners.
Based on these "fair use" provisions, Eclectic Sky Studios does not knowingly or with intent,
infringe on these rights, and uses every means possible to ensure this effort. The quantity
of CD's sold will be limited to the maximum equivalent of one CD per student and educator.
COPYRIGHT NOTICE: The commercial use of live or studio performances, and/or the re-recorded and/or
remastered recordings of copyrighted material requires the customer (or individual) to
secure the appropriate licensing rights for commercial distribution, unless such material is the
intellectual property of the performing artist. Eclectic Sky Studios does not support infringement
of these rights, and is not responsible for misuse of these rights by the end user.
Eclectic Sky Mobile Recording Studios ~ Copyright (C) 2002-2007