congregations don’t think in the realm of intellectual property. Yet even the founders of the U.S. thought it important enough to place in the first article of the Constitution. Any concrete item that is produced by someone is intellectual property owned by its creator who may have the sole right to copy, distribute or sell that item.
Moore encourages congregations to think of themselves as weekend publishers. That means they need to play by the rules that any publisher has to follow.
Moore calls music “a big buga- boo” because it’s so complex. A hymn may have at least four differ- ent copyrights attached to it through its text, tune, arrangement and trans- lation. To be able to print, project or record music requires the permission of the copyright holder too.
Sundaysandseasons.com con- tains a searchable database of hymn copyright holders. Many congrega- tions purchase additional music per- mission licenses through companies like
OneLicense.net or Christian Copyright Licensing International. Both websites contain lists of current member publishers, but CCLI tends to cover more contemporary music. Congregations probably have never considered that intellectual property rights for music extend to the production of any recording, including those made for rehearsal purposes or for distribution to home- bound members. Licenses can be purchased for those uses too. U.S. Copyright Law does con-
tain a section that permits the actual performance of literary works and music in religious services. But concert performances outside of worship, which accept money or even freewill offerings, may place congregations in violation of the law. When money crosses hands the copyright holder needs to be paid.
Then there is video. In a world in which anyone can make an instant video and upload it to websites like YouTube and Vimeo, it’s easy to assume that you can record parts of a worship service and place it on the Web. But recording music without permission may be another viola- tion. There are licenses for use of video in the church and worship set- ting available through sources like Church Video Licensing Interna- tional (
http://cvli.com). Even God’s word may be copy-
righted. Each modern translation of the Bible has its own requirements regarding how much can be used and how it needs to be attributed. Check the copyright page in each version for owner and requirements. When in doubt about copyright ownership ask permission, and the best advice is to start from a head- scratching posture of doubt. “As a copyright administrator a phrase that drives me crazy in our society right now is: It’s better to ask forgiveness than to ask permission,” Moore said.
He advises congregations to plan ahead because each copyright holder has its own specific process to fol- low. And have a Plan B just in case.
The artist’s perspective Sharon Wren, secretary of St. James Lutheran Church in Bettendorf, Iowa (where Vickstrom serves), is a writer and has experienced the other side of infringement. That’s why Wren took it seriously when Vick- strom began digging deeper into the laws.
“Once or twice someone has lifted something I’ve written and posted it on the Internet. I’ve had to email them to take it down,” said Wren, who admitted to a sense of violation. “I worked hard on that and you’re just taking this from me.” Jonathan Rundman, a full-time
For more information see
www.augsburgfortress.org copyrights or contact Michael Moore at 800-421-0239 or copyright@augsburgfortress. org. He said he’d like to be the most popular guy in the ELCA.
touring singer, songwriter (www.
jonathanrundman.com) and ELCA member, performs both church and mainstream rock music. He said the two worlds are very different. The mainstream pop/rock world has an established system for pro- tecting the rights of artists by requir- ing fees to cover the performance of original music in any public venue. The church, however, is generally uninformed regarding its obligation to the creative community. Rundman said it’s not uncommon for purchas- ers of his CDs to tell him they’re going to burn copies for others in their church or youth group, which creates an awkward situation for him as an artist. “People aren’t bad,” he said,
“they’re just ignorant. We need to fight the ignorance.” Whether most people realize it or not, the use of intellectual property by congregations has deep voca- tional ramifications for artists whose livelihood is their art.
The Ps of copyright law for churches
Anytime you print, project or
perform anything get permission. Obtain copyright permission for: • Any materials used for worship. • Recordings made for any purpose. • Bible passages. • Articles in newsletters, including literary works like poems. • Printed material for any kind of gathering (see definition of fair use, page 30). • Video clips or movies. • Material on church social media. • Directory photos. • Photos found on the Internet.
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