Music for worship, like any other music, is copyrighted material and must be used with the proper consent of the composer and text-writer. This article answers many of the questions concerning copyright law.
Those of us who are concerned about the function and use of music in the life of a church need a basic understanding of the copyright if we are to do our job properly. The responsibility for the selection of hymns, anthems, and the other music used in public worship goes beyond that simple act. As worship leaders, we must authorize or provide the books or the sheets from which the song is sung.
Many honest, God-fearing people presume that the copyright law is so unfathomable that they close their eyes on the problem. After all, they reason, they work twelve hours a day, seven days a week, and still cannot tend to all the problems that need their attention. If someone in the parish runs off a few copies of a hymn they wish to sing on Sunday—why not? If the soloist arrives with her only copy of Malotte’s “Lord’s Prayer,” why would anyone object if the organist runs off a copy to use at the console? If the church school class would like to use the Avery and Marsh doxology the following week, why not? Would they not love to have their hymn sung?
This is not meant to be facetious or to indict the whole of Christendom. All of us have experienced similar examples, and a better understanding of the copyright law and permission policies of publishers can help your church operate within the law without having to resort to something illegal.
First, let us look at what copyright is and is not. Then we shall get more specific as to what is legal and what is not, and what you can do in the future to be sure that you observe the copyright laws, and by so doing, protect the rights of others.
What Is Copyright?
The framers of the Constitution established copyright as the principal legal tool for ensuring that creators have first and primary rights to exploit their works. In 1790, the first U.S. Copyright Law was enacted. This provided for 14 years of protection with a 14-year renewal term. There have been several major revisions of the copyright laws since then, two of which occurred in this century. On January 1, 1978, the Copyright Act of 1976 (Title 17 of the U.S. Code) Public Law 94–553 came into effect. This general revision of the copyright law took two decades to accomplish and was the first such revision since 1909.
Basically, the old law crumbled before the onslaught of technology. Even the new law is sadly deficient in several areas. The problem of video-taping television programs for private use was a matter that the Supreme Court just recently sent back to Congress, saying in effect, your law is silent in this matter. Therefore home taping is legal until the law says otherwise.
You composers will be interested to learn that any work created after January 1, 1978, is your property when you raise your pen for the final time. You now have a fixed work and, for all practical purposes, copyright has already commenced. Be sure to add a notice that contains three elements to the bottom of the page. The first element is the (c) symbol for the word copyright. The second states the year and the third item is your name. The notice should, therefore, read as follows: (c) 1984 by Jane Doe
Nothing else needs to be done until after the work is published. At that time two copies of the first edition should be submitted to the Library of Congress with a Form PA and a $10.00 fee. Forms and additional information may be obtained from the Register of Copyrights, Library of Congress, Washington, D.C. 20559.
Duration of a Copyright
The most dramatic change in the new law is the method of figuring the duration of a copyright. The renewal period has been scrapped and we have adopted the British system of life of the author plus an additional 50 years of protection after the author’s death. In the case of a joint work prepared by two or more authors, the term lasts for 50 years after the last surviving author’s death. Works copyrighted prior to 1978 continue under the provisions of the old law in that they will have a 28-year original term and a 47-year renewal term for a total of 75 years of protection. This means that all songs written in 1909 will go into the public domain on January 1, 1985. Anything originally copyrighted prior to 1909 is already in the public domain and may be used by anyone in any way they wish without obtaining permission from anyone.
Fair Use of Copyright
The new law also adds a provision of the statute specifically recognizing the principle of “fair use” as a limitation on the exclusive rights of copyright owners. Fair use is basically a doctrine of reason. To me, it says: Use your own common sense. Some of the highlights of this section include
A teacher may make a single copy of …
1. A chapter from a book.
2. An article from a magazine or newspaper.
3. A short story, cartoon, or picture from a book.
4. A short excerpt (up to 10 percent) from a performable unit of music.
A teacher in a classroom may make multiple copies for classroom use only of …
1. A complete poem if less than 250 words.
2. A story, essay, or article if less than 2500 words.
3. One illustration, chart, diagram, graph, drawing or cartoon per book or periodical.
4. Up to 10 percent of a performable unit of music for academic purposes.
5. A single recording of student performances.
6. An emergency replacement copy to substitute for a purchased copy.
7. Opaque projectors in a classroom situation.
However, the law does not permit the making of a transparency. Also spelled out are guidelines that teachers may not do. These include …
1. Copies to replace anthologies or compilations to substitute or replace them.
2. Copies from works intended to be consumable.
3. Copies to substitute for purchase of books, periodicals, music or recordings.
4. Copy music or lyrics for performances in or outside the classroom.
Let us now turn from this short and general discussion of the new copyright law to more specific questions concerning the use of music in the church.
• May I make copies of a public domain hymn from our hymnal?
• May I make copies of a public domain hymn from someone else’s hymnal?
• May I make copies of an anthem already ordered but not received in time for the performance?• May I print the words to an anthem in the bulletin if copies have been purchased for the choir?
The answer to all of the above questions is YES. The words of an anthem in the bulletin technically do require permission, but I know of no publisher who would charge for this, and all with whom I have spoken encourage the practice.
Printing the words to a copyrighted hymn in the bulletin for use by the congregation is, of course, a different story and does require permission. Most such permissions can be obtained with a note or a phone call and the fees required usually are minimal.
Finally, what should I do if the church or school in which I work is guilty of negligence in some of these areas? Usually, a gentle reminder is all that is necessary. There are very few who flagrantly break the copyright laws and flaunt such conduct. Copyright owners do, from time to time, receive letters with copies of illegally produced products from guilt-ridden church members who know better. Such cases are often referred to attorneys for settlement. It is surprising how quickly illegally reproduced copies disappear the day after a registered letter from a law firm is received.
Those desiring further help with a copyright problem should seek help from the publisher involved. They might also consult a local copyright attorney and obtain a free copy of the new statute by writing directly to:
Copyright Office
Library of Congress
Washington, DC 20559
Requesting a copy of Title 17—Copyrights—Public Law 94–553—October 19, 1976.
It should be remembered that copyright is a legally granted property right. It should be respected just as we respect the rights of others. The copyright owner, by contract, is probably acting as the representative of the author and/or composer, many of whom depend for their livelihood on their musical, God-given gifts.