This editorial is copyright 2009 by Antonio J. García and originally was published in the MENC Music Educators Journal, Vol. 95, No. 4, June 2009. It is used by permission of the author and, as needed, the publication. Some text variations may occur between the print version and that below. All international rights remain reserved; it is not for further reproduction without written consent.

 

A Legal Copy

by Antonio J. García

 

I read with interest Chee-Hoo Lum's excellent article "Teaching World Music through Feature Films" (MEJ March 2009). At its end he notes that copyright law allows teachers to use such videos in the classroom without restriction so long as the material is a "legal copy."

Those two simple words open a Pandora's Box of scenarios. For example, your standard video-rental agreement states in the membership terms that rentals are for private home viewing, not for large groups. Typical video purchases state the same in fine print. The referred-to Section 110 of the Copyright Act does not deny copyright-holders their specifically stated rights, and many a legal authority will argue that videos obtained by typical rental or purchase are not allowable for classroom use. Home-taping for later classroom viewing is its own hot-button issue, again casting doubt on whether the item is a "legal copy" for any use beyond one's private home.

Though Lum's included lesson plans are most educational, teachers would be well-advised to further investigate what constitutes a "legal copy" for classroom use before stepping into a Pandora's Box.

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Antonio J. García is a Professor Emeritus and former Director of Jazz Studies at Virginia Commonwealth University, where he directed the Jazz Orchestra I; instructed Applied Jazz Trombone, Small Jazz Ensemble, Jazz Pedagogy, Music Industry, and various jazz courses; founded a B.A. Music Business Emphasis (for which he initially served as Coordinator); and directed the Greater Richmond High School Jazz Band. An alumnus of the Eastman School of Music and of Loyola University of the South, he has received commissions for jazz, symphonic, chamber, film, and solo works—instrumental and vocal—including grants from Meet The Composer, The Commission Project, The Thelonious Monk Institute, and regional arts councils. His music has aired internationally and has been performed by such artists as Sheila Jordan, Arturo Sandoval, Jim Pugh, Denis DiBlasio, James Moody, and Nick Brignola. Composition/arrangement honors include IAJE (jazz band), ASCAP (orchestral), and Billboard Magazine (pop songwriting). His works have been published by Kjos Music, Hal Leonard, Kendor Music, Doug Beach Music, ejazzlines, Walrus, UNC Jazz Press, Three-Two Music Publications, Potenza Music, and his own garciamusic.com, with five recorded on CDs by Rob Parton’s JazzTech Big Band (Sea Breeze and ROPA JAZZ). His scores for independent films have screened across the U.S. and in Italy, Macedonia, Uganda, Australia, Colombia, India, Germany, Brazil, Hong Kong, Mexico, Israel, Taiwan, and the United Kingdom. He has fundraised $5.5 million in external gift pledges for the VCU Jazz Program, with hundreds of thousands of dollars already in hand.

A Bach/Selmer trombone clinician, Mr. García serves as the jazz clinician for The Conn-Selmer Institute. He has freelanced as trombonist, bass trombonist, or pianist with over 70 nationally renowned artists, including Ella Fitzgerald, George Shearing, Mel Tormé, Doc Severinsen, Louie Bellson, Dave Brubeck, and Phil Collins—and has performed at the Montreux, Nice, North Sea, Pori (Finland), New Orleans, and Chicago Jazz Festivals. He has produced recordings or broadcasts of such artists as Wynton Marsalis, Jim Pugh, Dave Taylor, Susannah McCorkle, Sir Roland Hanna, and the JazzTech Big Band and is the bass trombonist on Phil Collins’ CD “A Hot Night in Paris” (Atlantic) and DVD “Phil Collins: Finally...The First Farewell Tour” (Warner Music). An avid scat-singer, he has performed vocally with jazz bands, jazz choirs, and computer-generated sounds. He is also a member of the National Academy of Recording Arts & Sciences (NARAS). A New Orleans native, he also performed there with such local artists as Pete Fountain, Ronnie Kole, Irma Thomas, and Al Hirt.

Mr. García is a Research Faculty member at The University of KwaZulu-Natal (Durban, South Africa) and the Associate Jazz Editor of the International Trombone Association Journal. He has served as a Network Expert (for Improvisation Materials), President’s Advisory Council member, and Editorial Advisory Board member for the Jazz Education Network . His newest book, Jazz Improvisation: Practical Approaches to Grading (Meredith Music), explores avenues for creating structures that correspond to course objectives. His book Cutting the Changes: Jazz Improvisation via Key Centers (Kjos Music) offers musicians of all ages the opportunity to improvise over standard tunes using just their major scales. He is Co-Editor and Contributing Author of Teaching Jazz: A Course of Study (published by NAfME), authored a chapter within Rehearsing The Jazz Band and The Jazzer’s Cookbook (published by Meredith Music), and contributed to Peter Erskine and Dave Black’s The Musician's Lifeline (Alfred). Within the International Association for Jazz Education he served as Editor of the Jazz Education Journal, President of IAJE-IL, International Co-Chair for Curriculum and for Vocal/Instrumental Integration, and Chicago Host Coordinator for the 1997 Conference. He served on the Illinois Coalition for Music Education coordinating committee, worked with the Illinois and Chicago Public Schools to develop standards for multi-cultural music education, and received a curricular grant from the Council for Basic Education. He has also served as Director of IMEA’s All-State Jazz Choir and Combo and of similar ensembles outside of Illinois. He is the only individual to have directed all three genres of Illinois All-State jazz ensembles—combo, vocal jazz choir, and big band—and is the recipient of the Illinois Music Educators Association’s 2001 Distinguished Service Award.

Regarding Jazz Improvisation: Practical Approaches to Grading, Darius Brubeck says, "How one grades turns out to be a contentious philosophical problem with a surprisingly wide spectrum of responses. García has produced a lucidly written, probing, analytical, and ultimately practical resource for professional jazz educators, replete with valuable ideas, advice, and copious references." Jamey Aebersold offers, "This book should be mandatory reading for all graduating music ed students." Janis Stockhouse states, "Groundbreaking. The comprehensive amount of material García has gathered from leaders in jazz education is impressive in itself. Plus, the veteran educator then presents his own synthesis of the material into a method of teaching and evaluating jazz improvisation that is fresh, practical, and inspiring!" And Dr. Ron McCurdy suggests, "This method will aid in the quality of teaching and learning of jazz improvisation worldwide."

About Cutting the Changes, saxophonist David Liebman states, “This book is perfect for the beginning to intermediate improviser who may be daunted by the multitude of chord changes found in most standard material. Here is a path through the technical chord-change jungle.” Says vocalist Sunny Wilkinson, “The concept is simple, the explanation detailed, the rewards immediate. It’s very singer-friendly.” Adds jazz-education legend Jamey Aebersold, “Tony’s wealth of jazz knowledge allows you to understand and apply his concepts without having to know a lot of theory and harmony. Cutting the Changes allows music educators to present jazz improvisation to many students who would normally be scared of trying.”

Of his jazz curricular work, Standard of Excellence states: “Antonio García has developed a series of Scope and Sequence of Instruction charts to provide a structure that will ensure academic integrity in jazz education.” Wynton Marsalis emphasizes: “Eight key categories meet the challenge of teaching what is historically an oral and aural tradition. All are important ingredients in the recipe.” The Chicago Tribune has highlighted García’s “splendid solos...virtuosity and musicianship...ingenious scoring...shrewd arrangements...exotic orchestral colors, witty riffs, and gloriously uninhibited splashes of dissonance...translucent textures and elegant voicing” and cited him as “a nationally noted jazz artist/educator...one of the most prominent young music educators in the country.” Down Beat has recognized his “knowing solo work on trombone” and “first-class writing of special interest.” The Jazz Report has written about the “talented trombonist,” and Cadence noted his “hauntingly lovely” composing as well as CD production “recommended without any qualifications whatsoever.” Phil Collins has said simply, “He can be in my band whenever he wants.” García is also the subject of an extensive interview within Bonanza: Insights and Wisdom from Professional Jazz Trombonists (Advance Music), profiled along with such artists as Bill Watrous, Mike Davis, Bill Reichenbach, Wayne Andre, John Fedchock, Conrad Herwig, Steve Turre, Jim Pugh, and Ed Neumeister.

The Secretary of the Board of The Midwest Clinic and a past Advisory Board member of the Brubeck Institute, Mr. García has adjudicated festivals and presented clinics in Canada, Europe, Australia, The Middle East, and South Africa, including creativity workshops for Motorola, Inc.’s international management executives. The partnership he created between VCU Jazz and the Centre for Jazz and Popular Music at the University of KwaZulu-Natal merited the 2013 VCU Community Engagement Award for Research. He has served as adjudicator for the International Trombone Association’s Frank Rosolino, Carl Fontana, and Rath Jazz Trombone Scholarship competitions and the Kai Winding Jazz Trombone Ensemble competition and has been asked to serve on Arts Midwest’s “Midwest Jazz Masters” panel and the Virginia Commission for the Arts “Artist Fellowship in Music Composition” panel. He was published within the inaugural edition of Jazz Education in Research and Practice and has been repeatedly published in Down Beat; JAZZed; Jazz Improv; Music, Inc.; The International Musician; The Instrumentalist; and the journals of NAfME, IAJE, ITA, American Orff-Schulwerk Association, Percussive Arts Society, Arts Midwest, Illinois Music Educators Association, and Illinois Association of School Boards. Previous to VCU, he served as Associate Professor and Coordinator of Combos at Northwestern University, where he taught jazz and integrated arts, was Jazz Coordinator for the National High School Music Institute, and for four years directed the Vocal Jazz Ensemble. Formerly the Coordinator of Jazz Studies at Northern Illinois University, he was selected by students and faculty there as the recipient of a 1992 “Excellence in Undergraduate Teaching” award and nominated as its candidate for 1992 CASE “U.S. Professor of the Year” (one of 434 nationwide). He is recipient of the VCU School of the Arts’ 2015 Faculty Award of Excellence for his teaching, research, and service and in 2021 was inducted into the Conn-Selmer Institute Hall of Fame. Visit his web site at <www.garciamusic.com>.

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