Copyright for religious organizations

Copyright law offers many exemptions specific to certain organizations. Here we address the common questions that arise around the exemptions for religious organizations.

What Copyright exemptions apply to religious organizations? Section 110(3): Religious Services Exemption

Generally, a copyright owner has the exclusive right to public performance of their work. The religious services exemption allows the public "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly" (17 U.S. Code § 110(3)). This exemption allows congregants to sing hymns during service without first getting permission. It also allows pastors to recite poems in their sermons.

Section 107: Fair Use

If the religious services exemption does not meet your needs, then you should apply a fair use analysis.

Can I make a copy of sheet music for my church choir? Even if you have bought sheet music or hymnals for your congregation, you cannot make a copy of that music unless it is in the public domain. Generally, music published in the United States before January 1, 1923, is in the public domain. This applies to both music notation and lyrics.

To determine the copyright status of hymns, look to the front of the hymnal. Check the copyright information on the first page or at the end of a hymn.

I want to record my service. Are there any copyright concerns to think about? The religious services exemption does not cover recording a performance. You will need permission to record any performance of a copyrighted work in your service. If getting permission is not an option, you can edit out the copyrighted work from the recorded performance.

How do I get permission to use a copyrighted work in my service? Start with a licensing organization:Christian Copyright Licensing International (CCLI), which offers:Church Copyright License – covering more than 150,000 worship songs for congregational singingChurch Video License – license rights to legally show movies for church activitiesSong Select – lyric downloads, lead sheets, chord sheets, and vocal/hymn sheetsScreenVue – assists in finding movie scenes for sermon and teaching illustrationChristian Copyright Solutions partners with ASCAP, BMI, and SESAC to offer licenses to religious organizations, including:WORSHIPcast – allows religious organizations to webcast, stream and feature song performances on the organization’s websitePERFORMmusic – allows religious organizations to play or perform songs in activities outside of services, such as concerts, social and youth events, seminars, etc.Copyright Clearance Center (CCC) is a general copyright licensing service for business and academia that can be used by churches.OneLicense.net is service that licenses copyright permission to reprint, podcast, and record hymns and songs for your congregation.vv

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