Keen on Music Publishing
What are the issues with new technology like music on computer?
This is a very fluid subject; legislation, practices and mores are being developed, implemented and tweaked constantly as all parties involved in music creation and consumption seek fair and effective business practices for dealing with technology that is perpetually evolving.
If your church is making its worship services available by computer stream or podcast are there licensing issues? What about a music library kept on the church's computer server that can be accessed by church members to enjoy music? CCLI reports that 71.71% of the 7,000 churches responding to their April 2006 survey have websites. Of those, 43.49% stream audio and or video and 47.71% offer downloads 1[1].
The recent development of Podcasting presents some fascinating quandaries. If your church is Podcasting its worship services what licenses does it need? Since a Podcast is downloaded is a Podcast solely a distribution? If so, are mechanical licenses required as they would be if the church was creating and distributing CDs? These issues are addressed in the answer to FAQs: "
My Church is creating a CD/DVD. What are the licensing issues?" and "
How are Royalties Created?".
In the answer to FAQ: "
How are Royalties Created?" you will read that, attorney David S. Crow from the firm of Milam, Joyce, Horsnell and Crow illuminates the Podcasting issues very clearly [1]. Crow writes that there are potentially three licenses to consider. First is the license from the publisher granting the right to use the song, then there is the record company negotiation that allows you to use the artist's version of the song. Next is the issue of public performance. The Podcaster must arrange for performance licenses from the PROs. These issues are germane whether or not the Podcast is free or for sale.
Television stations and radio stations must obtain a performance license to broadcast a worship service. Should Podcasting involve a performance license too?
In the opinion of publishers and songwriters, the short answer is "yes" to these questions. Any time the music is streamed outside the church walls it is considered public performance. ASCAP has very sophisticated New Media departments that can easily and economically deal with these issues. ASCAP's licensing process for these new usages can be done on-line at their website
www.ascap.com.
Christian publishers will gladly assist you in obtaining a mechanical license for any downloading your church wishes to facilitate. Some of them have procedures on their websites to easily facilitate this process. Many of them are represented by Music Services
www.musicservices.org and the Harry Fox Agency
www.harryfox.com . There is also an organization called Church Copyright Administration
www.churchca.com that has developed a licensing bundle that could prove to be useful to churches in responding to new media issues.
As with all other uses, the creator of a song can choose to waive any licensing requirements mandated by statute or common practice. For example, if someone in your church has written a song for a missions project and wishes to donate their services and the song to the church they certainly have the right to make that gift. But it is essential to understand that the right to give away music belongs to the copyright owner and we as a community of people who value honesty and fairness must respect that.
Copyright 2007 Dan Keen. All Rights Reserved
1[1] CCLI report to the CMPA Convention, Charleston, SC., April 27, 2006
1[1] Crow, D.(2005 May) Pod casting: What is it and what intellectual propoert
rights are implicated by this new business model?
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