MP3 is just a format in which sounds are held, so the issue here is where the material on the MP3 came from.

There are no problems if the MP3s contain recordings taped from radio. Teachers can upload these under Part VA of the Copyright Act – the provisions administered by Screenrights. Teachers can also upload MP3s of broadcasts they’ve downloaded from a free-to-air broadcaster’s website, but check first whether the teacher had to agree to any terms and conditions on the website that might restrict this.

On the other hand, the MP3 might have been downloaded from a band website or purchased from an online music store. In the case of commercial recordings bought from a store such as iTunes, it’s likely that the teacher will be bound by terms and conditions that strictly limit what they can do with the recordings – in many cases, such recordings are sold strictly for personal use.

However, if the MP3 was downloaded for free from a band website, check what permissions the band may have given on the website. In some cases, the band might have licensed its music and recordings under a broad licence such as a Creative Commons licence, or it might have stated that files on the site may be used for non-commercial or educational use. Note, however, that band members can only give such licences if they own all the relevant copyrights – not only in the music and lyrics but also in the recording.

In some cases, the teacher may be able to upload recordings under the “special case” or “flexible dealing” provision in the the Act (section 200AB), but this is likely to be the exception rather than the rule, particularly where copies of the MP3 music files are commercially available or where the relevant copyright owner ordinarily licenses this kind of use. Section 200AB is also unlikely to be available if the terms and conditions associated with the MP3 files specifically prohibit uses such as uploading to intranets or specifically restrict the use of the MP3 to personal uses.