Music Copyright Guide For Churches

Transcription

Music CopyrightGuide for ChurchesA PRACTICAL COPYRIGHT GUIDE TO USING MUSIC TO ITS FULL POTENTIALlicensing@apra.com.au(02) 9935 7900

IntroductionJust like other organisations that use music, churchesneed to be aware of their copyright obligations. There area number of licences and processes they need to exploreto ensure that their music use both in services of worshipand other church-related activities are covered.This guide is designed to provide churches and theiraffiliated organisations with some insight into howcopyright works and what they need to do to obtain thecorrect licences for their music use.What is Copyright?Copyright law in Australia is federal law, established by theAustralian parliament. It protects literary, dramatic, musical andartistic works, as well as subject matter such as recordings andpublished editions, giving a number of rights to creators as dictatedby the Copyright Act (1968) which was amended in 2006. Theserights include the right to: Reproduce the work; Publish the work; Communicate the work; Publicly perform the work; and Adapt the work.ContentsIntroduction2What is Copyright? 2How Long DoesCopyright Last?2Performing Musicand Playing SoundRecordings3Copying Music and4LyricsChurch CopyingLicences5Making Recordings 9Making AudioRecordings9Making Audio-VisualRecordings9Arrangements andLyric Changes9Contacting Us10Other UsefulContacts10If you want to use a copyright protected work in any of these ways,you need to have the permission of the copyright owner.How Long DoesCopyright Last?According to the Copyright Act, a work is in copyright from themoment it is written down or recorded until 70 years after the deathof the creator. Before 2005, the duration of copyright was from themoment it was committed to paper or recorded, plus 50 years fromthe creator’s death. Works that went out of copyright under this50 year duration, such as those by Bela Bartok, remained out ofcopyright when the law changed, even though he died in 1945.Arrangements are protected in this same way and sound recordingsfor 70 years from the year of publication. Published editions,however, are protected for 25 years from the date of publication.This means that a recent publication of a work may be protectedeven though the work it contains is out of copyright (in the publicdomain).Copyright in amusical work lasts70 years fromthe death of thecomposer.Copyright in apublished editionlasts 25 years frompublication date.2

Performing Music &Playing Sound RecordingsMany churches play music as part of their order of service. Traditionally this musicwas a hymn or prayer, but as music and technology continue to advance, this nowincludes popular and pre-recorded music. Church groups such as Sunday school,youth groups, Bible study groups and choirs or bands also use music in lots ofdifferent ways.Playing Music in a ServiceIf you wish to play copyright music within a service of worship, you do not require a licencefrom APRA. This is because although you are playing music (either live or a recording)APRA considers the use of music in this context exempt from public performance licensingrequirements. This includes services that are held outside the church, for example outdoors orin a separate hall.Playing Music at a Wedding, Funeral or Baptism/ChristeningYou don’t need an APRA licence to play music at a wedding, funeral or baptism/christening.Just be sure that if you want to make any booklets with music or lyrics in them you read theCopying section of this guide for information on how to get permission to do so.Playing CDs in a ServiceYou don’t need an APRA or PPCA licence to play a CD or other type of commercial soundrecording in a service of worship.Playing Music at a Church EventChurches use music in lots of ways, not just in services. If you want to use music in a contextoutside an order of service, you need to have the appropriate licence to do so. There are manycircumstances where you might need an APRA licence to cover you, such as youth groups,meetings, choir or band concerts, socials, dances, and fetes. For this, APRA offers an annualchurch licence that covers most musical performances.This licence doesn’t, however extend to cover Grand Right Works (such as musicals, operas,operettas, pantomimes or revues) or concerts promoted to the general public where a box officeis generated. For uses such as these that fall outside the scope of the annual licence you needto contact APRA to find out what kind of licensing you require.If you want to play sound recordings you will also need a PPCA licence to cover theperformance of the recording itself (while the APRA licence covers the musical work on thatrecording).Visit www.ppca.com.au for more information.If you hire out your church premises to a third party for an event that is not organised by thechurch, it is the responsibility of the person or organisation authorising the use of music at thatevent to obtain licensing from both APRA and PPCA.Playing Music on HoldSome churches use music on their phone lines when they put callers on hold. To be able todo this you need a Music on Hold licence from APRA. If you are playing commercial soundrecordings (as opposed to the radio or a recording of your church choir for example) you mayneed a licence from PPCA as well.3

Copying Music and LyricsReproducing Lyrics in an Order of Service, Wedding, Funeral or Baptism/Christening BookletUnder no AMCOS licence are churches permitted to reproduce lyrics. To do this you need tohave permission from the copyright owner, which is usually a publisher. If you are not surewho the publisher to contact is, you can contact our Educational Licensing Department andwe will be able to point you in the right direction.Photocopying Music for Choirs or BandsThere are a number of religious photocopying licences available through differentorganisations (although not through AMCOS) that mainly cover religious music catalogues.To be able to photocopy or reproduce music that falls outside the scope of the availablelicences you will need to contact the copyright owner directly for permission. If you are notsure who to contact, the AMCOS Educational Licensing Department can help you.Religious Copying LicencesSeveral licensing organisations offer licences to churches for religious copying purposes.There is no one licence that covers all copying, so it’s important to understand which licencewill best suit your needs. On the following pages, we have created a table that will help youunderstand what each licensing organisation represents.If a licensing organisation doesn’t cover the music you want to copy you must contact thecopyright owner for permission to reproduce that music.4

Church Copying LicencesWhat titles are in thiscatalogue?Copyright AgencyLimited (CAL) ReligiousOrganisations LicenceChristian Copyright LicensingInternational (CCLI) ChurchLicenceCCLI MusicReproduction LicenceCAL is developingan online searchprogram so you canlook up titles to seeif they are covered.In the meantime,contact them forinformation on thetitles covered.Over 150,000 titles arecovered by major religiouspublishers and ?t 48&v 1for the song search facility.For a song to fallunder this licenceit must be on theAuthorised SongOwner List and booksmust be publishedby a publisher on theAuthorised PublisherList. Visitwww.ccli.com.au formore information.Copying from apublished musicbook or hard copysheet music, printingmultiple copies fromwww.songselect.com,CCLI member’s sheetmusic downloadwebsites, printingfrom enhanced CDmusic books, copyingPDF sheet musicbought online throughan online musicstore.Yes, CCLI works only.What kind of use does Common Religiousthis cover?Worship, whichmeans a gathering ofpeople in a church,chapel, hall or similarbuilding for thepurpose of takingpart in a religiousservice. This includesSunday school,study groups and thedistribution of relatednewsletters.Can I copy music?NoNoCan I copy lyrics?Yes, CAL works only.Yes, CCLI works only.Yes, this licenceallows the copyingof up to 10% of thepages in a collectionof print (not artisticor musical) works.What types of copying Photocopying,are allowed?retyping, handwriting,duplicating,facsimiles,making overheadtransparencies.Can I copy any otherkinds of material?5This is an annual licencethat covers song and lyricreproduction used duringa service of worship, andchurch activities such asyouth groups, retreats,camps, study groups andclasses.NoHandwriting and typingonly (for uses such asoverhead transparencies,booklets and bulletins).You cannot photocopydirectly from books ormusic.Yes, but onlyphotocopying,scanning or printingPDFs.NoPhotocopying,scanning and printingbut no retypingwords.

Can I makePowerPoint slides?Copyright AgencyLimited (CAL) ReligiousOrganisations LicenceYesChristian Copyright LicensingInternational (CCLI) ChurchLicenceYesCCLI MusicReproduction LicenceNoCan I make booklets of Yeslyrics?Do I need to ownan original beforecopying?What do I need toput on PowerPointslides or bookletsto acknowledgecopyright?How do I record theuse of titles?Can I make audio orvideo recordings ofmusic?Yes, as long as it isYeshandwritten or typed(you can photocopy thereproduction you make butnot the original).Yes and it must beNo, but it is preferable.Yes and it must beowned by the churchowned by the church.or a congregationmember.Title, composer/lyricist,Song titles,Title, author,composer/lyricist,publisher, dateyear written, name ofyear written, name ofcopyright owner, used byof copying,copied under thepermission, CCLI Licencecopyright owner, usedby permission, PCLNumber CAL ReligiousLicence Number .OrganisationsLicence.Unauthorisedrecopying isprohibited.Your church may be Online reporting is required A record must be keptselected for a survey at www.portol.ccli.com toand reports filled outin which you mustprovide a recording ofannually.keep all records for a copying.10-week period, everyfour years.NoYes, but only 15% of theNochurch licence size, andonly for cost recovery of upto 5 for audio and 15 forvisual.6

Word of Life Annual Word of Life Annual Word of Life OneRestricted Licence Music CopyingTime Use LicenceLicenceWord of Life ParishHymnal LicenceWhat titles are in thiscatalogue?Covering over1,100 publishersand theircataloguesfor restrictedcopying.Covering over1,100 publishersand theircataloguesfor restrictedcopying.Covering over1,100 publishersand theircataloguesfor restrictedcopying.Covering over1,100 publishersand theircataloguesfor restrictedcopying.What kind of use doesthis cover?Copying ofmelody linesand lyrics inchurches andother religiousorganisations,includingservices andother activitiessuch as Sundayschool, one-timeevents such asweddings andfunerals.Yes, but onlythe melody lineof Word of Lifetitles.YesPhotocopyingpublishededitions ofmusic.Copying forCopying hymns.one-off usessuch as specialservice booklets,wedding orfuneral booklets.Yes, but onlyWord of Lifetitles.Yes, but onlyWord of Lifetitles.NoYesYes, but onlyWord of ng otocopyingand reprinting.YesNoYes, as long as itis handwritten ortyped (you canphotocopy thereproduction youmake, but notthe original).Yes, as long as itis handwritten ortyped (you canphotocopy thereproduction youmake, but notthe original).Can I copy music?No, unless itis part of themusical work(e.g. a hymn).Can I copy any otherNoYes (only Word ofkinds of material?Life publicationsthough).What types of copying Transcription and Photocopyingare allowed?photocopyingfrom publishedof lyrics, making editions of theoverheadmusic.transparenciesand PowerPointpresentations.Can I make PowerPoint Yes, but of lyrics Noslides?and melody linesonly.Can I copy lyrics?Can I make booklets of Yes, as long as it Nolyrics?is handwritten ortyped (you canphotocopy thereproduction youmake, but notthe original).7

Do I need to ownan original beforecopying?What do I need toput on PowerPointslides or bookletsto acknowledgecopyright?How do I record theuse of titles?Can I make audio orvideo recordings ofmusic?Word of Life Annual Word of Life Annual Word of Life OneRestricted Licence Music CopyingTime Use LicenceLicenceYesYes, two originals Yes, two originalsof the music andone of the lyrics.Title, composer/ Title, composer/ Title, composer/lyricist, copyright lyricist, copyright lyricist, copyrightowner, usedowner, usedowner, usedwith permission, with permission, with permission,Word of LifeWord of LifeWord of LifeInternationalInternationalInternationalLicence Number: Licence Number: Licence Number: . . .Details to beDetails to beDetails to bereported to Word reported to Word submitted withof Life annually licence request.of Life annuallyvia the website.via the website.NoNoNoWord of Life ParishHymnal LicenceYesTitle, composer/lyricist, copyrightowner, usedwith permission,Word of LifeInternationalLicence Number: .No requirement.No8

Making RecordingsIf you wish to make a recording, whether it is audio oraudio-visual, you first need to have the permission ofthe performer. You also need to consider what licensingyou will need to cover the recording process and royaltypayments. In all but one case you need to have an AMCOSlicence for the production of audio only and audio-visualrecordings. The only circumstance under which you won’tneed a licence to make a recording is for members of thecongregation who cannot go to a service due to illness, ageor because they are house-bound. Both AMCOS and ARIAhave a complementary policy of allowing recordings for thispurpose to be made without a licence.The only timea licence is notrequired for makingrecordings is formembers of thecongregationwho are housebound and cannotattend services. Allother uses requirelicensing.Making Audio RecordingsIf you want to make an audio recording of copyright AMCOS works youneed to apply for an Audio Manufacture Licence from AMCOS.If you want to copy or

Playing Music at a Wedding, Funeral or Baptism/Christening You don’t need an APRA licence to play music at a wedding, funeral or baptism/christening. Just be sure that if you want to make any booklets with music or lyrics in them you read the Copying section of this guide for information on how to get permission to do so. Playing CDs in a Service. You don’t need an APRA or PPCA licence to .