Copyright information for worship leaders
Why do we bother about copyright?
Copyright laws exist in order to support artists/authors who produce artistic works, and whose royalties provide their income. There is a lot of legal complexity which supports this, but that is the core intent of all our effort. Artistic works may include song words, song tunes or music, poems, photos, music, videos, paintings, etc.
Note that the performance of music by churches in worship services, weddings, and funerals – whether in a church or other setting – is granted a specific voluntary exemption from copyright licensing.
What do I need to do?
If worship leaders intended to copy artistic works, including copying words into a pew sheet or for projection:
- Determine if worship material is in the public domain or is still under copyright: since 2005 the general rule is copyright persists for 70 years after the death of the artist, but copyright in published editions last for a further 25 years. If a work is no longer under copyright, i.e. is in the public domain, you may reproduce the work with acknowledgement of the artist just as the hymn books do.
- Determine who the copyright holder is, and which authorised copyright agent’s licence scheme covers that copyright holder for your purposes (or contact the copyright holder direct), by searching the websites of the licence scheme providers if such information is not included with the material to be used.
- Ensure an appropriate licence is held through an authorised agent (many provide annual licences for churches).
- Include copyright information in printed orders of worship or on screen, including the artist/author of the work just as the hymn books do. The moral rights of the artist should be recognised even once in the public domain.
Searching for copyright holders
No single index of worship material lists the copyright holder or licence scheme of all worship material available. Each copyright agent provides a website search function that lists the works their licence covers.
Together in Song
A list is obtainable from The Australian Hymn Book company which indicates the copyright status of each TiS song, both for song words and music (which are separate artistic works).
- Some song words and/or music are in the public domain, and so may be freely used and copied.
- Some, but not all, others indicate the authorised agent who may provide a licence for your intended purpose.
The ‘Parish Edition’ software includes song words but to copy or reproduce material from TIS for public use, such as print and/or data projection, additional permission must be sought through an authorised agent (see below).
Download an important notice regarding Together in Song – Parish Edition software distributed with the General Secretary's monthly letter through the VicTas Synod e-Newsletter. Despite being termed "Parish Edition" the rights included through purchase of the software are for personal use only. The effect of the Agreement is that to reproduce material from TIS for public use, such as print and/or data projection, additional permission must sought through an authorised agent for that material (see the list below), or the copyright holder of the particular material.
General Secretary Rob Brown writes "I include below a salutary report received from the Synod of Queensland to assure you that it is important that copyright is attended to very carefully:
“Copyright breach costs Church more than $10,000. In late 2010, a Queensland Synod congregation incurred costs of more than $10,000 in damages and legal expenses for breaching copyright. An author’s copyright protected work was reproduced without proper permission or acknowledgement in a newsletter posted on the congregation’s internet site. It is the responsibility of all congregations to ensure they understand and comply with Australian copyright laws when looking to use or reproduce any type of work, or extracts of work, which is owned by another individual or organisation (e.g. art, images, lyrics, music, novels, plays, poetry, etc.). Insurance cover is not available via the Synod to cover copyright infringements and this represents a costly financial and reputational risk to each congregation.”"
Observing copyright
The moral, legal and financial rights of the artist (author or creator) of a work (musical, literary, dramatic, artistic, etc.) are enshrined in Australian law. The story quoted above shows that churches are not exempt from costly legal proceedings, and are not entitled to copy anyone's work without permission, even if the church is not making any money from the copying.
Buying an artistic work like a song book or a movie only gives the purchaser the rights to use the work for personal purposes, which DO NOT including copying or screening the work in a church or public setting (including youth groups, Bible study groups and other church gatherings). Buying a set of song books for your church entitles you to use those song books in worship, but not to copy particular songs for extra people, print the words in a pew sheet, or project the words on a screen.
Obtaining the rights to copy a work - including photocopying, projecting the words on a screen, or reproducing the words in a pew sheet, newsletter or website - must be obtained before any such copying takes place. It important to note that obtaining rights to photocopy a work does not also automatically entitle the church to project the words on a screen. It is also important to note that the words and music of a song are separate works, and rights to copy both must be obtained if both are to be used.
Copyright persists for 70 years after the death of the artist (until 1/1/2005 this was 50 years after death), or for 25 years after a published edition. After this time a work is consider to be in the Public Domain, and may be used without obtaining a license to do so. Morally however, the artist of a work should be acknowledged whenever the work is reproduced.
Note that the performance of music by churches in worship services, weddings, and funerals (whether in a church or other setting) is granted a specific voluntary exemption from copyright licensing. See page 4 of APRA's 'Music Copyright for Churches' for details of the exemption. However all other performances will require a licence from the Australian Performing Rights Association (APRA), and APRA's annual Church licence does NOT cover performances of copyright music at events where admission fees are charged or where professional musicians receive a form of payment or honorarium. Churches that hold events that fall outside of the voluntary exemption or the scope of the annual Church licence may need an additional licence and should contact APRA to discuss the specific circumstances of their event.
Copyright licensing
Several organisations manage copyright licenses on behalf of artists and pay royalties to artists depending on how frequently their works are used. These organisations offer various types of licenses, depending on which artistic works to be used, the places they are to be used, and the number of participants. These licenses are commonly an annual subscription, and require reports on the artistic works used so that the artists obtain royalities for use of their works.
- Annual site licences may be suitable for a congregation, school or other body which meets regularly at a site.
- Event licences may be suitable for a ‘once-off event’ such as a public Christmas carols event at a different site.
- Mobile licences may be suitable for itinerant leaders such as Lay Preachers, but only CCLI offers these licences.
In order to check if a particular work is covered by your copyright license, or alternatively which songs are covered by particular copyright licensing scheme, use the following links to check the online lists of each scheme:
| Copying Church music | Other music | Video |
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What else do I have to do?
Many congregations purchase one or more licenses for church music in order to cover the range of songs used in church activities at the church premises. For particular purposes, such as a community carols service, or a youth group film night, additional licenses must be arrange for the specific works being used and the particular needs of the event.
Perhaps the most basic solution for music in congregational workship is to use hymn books, as this involves no copying and gives a church community a body of songs that they can explore and become familiar with. Itinerant leaders inluding lay preachers and lay worship leaders should check with leaders of the local church which music resources are used by the congregation, as well as which copyright licenses are held by the church, to ensure that local people will be familiar and comfortable with the songs being used, and so that copyright laws are not breached.
More information ...
- The VicTas Synod website includes useful Copyright information for Churches including Music Copyright for Churches by APRA / AMCOS (Second Edition, 2006).
- Further useful information may be found on the Queensland Synod website, WA Synod website, and the Australian Copyright Council's page on Churches and copyright, among others.
- If you're wondering which songs might fit the lectionary reading for the worship service you're planning, "Singing from the Lectionary" is one of the great online resources.
- Licence is a noun, license is a verb, and so licensing agents provide licences.
