Newsgroups: rec.music.christian

Stephen Northcutt writes:

>I am sorry if some folk on this list are weary with this topic.  I
>would like to set the record straight in clear language...

Thanks for trting, but I'm afraid you have some more misiformation, here...

>I read Jason's ...[post]... and agree that he has
>a handle on a piece of the problem, but I think he has presented only
>a piece and that his information is therefore misleading...

Jason merely quoted *the law*...Thank you, Jason...

>If you are just wanting to play for yourself, buy the songbook, tune
>yor guitar or power on your keyboard and have at it.  By buying the
>songbook you have the right to have the printed copy of the song and
>the right to play that arrangement or a variation of that arrangement
>that you create per fair use.

Buying the songbook, like buying a pet rock, confers on you the ownership
of *that printed copy* of the music. By copyright law, you (and your friends)
*already* have the right to perform the work in a church service and other
limited venues. What you do *not* have is the right to make additional 
paper copies of the songbook, i.e. overheads, rehearsal copies, etc. Neither
do to have the right to record your performance.


>If you want to involve others in the performance of that song, (you
>are playing in a group or a worship service) it seems that your songbook
>and the arrangement needs to be copied in some way.... the transparency
>or copies for the group.  Anyway you slice it right here is where you
>end up in trouble w/o a copyright license agreement.

Songs can and are taught by rote learning; there is nothing illegal about
doing this *from a single purchased copy of the music*.

>++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
>Questions for further thought:

>Why do churches bother signing up and paying CCLI if they are exempt?

 They are not exempt from the mechanical license; they are in violation 
anytime they make an unauthorized facsimile or recording of a copyrighted 
work.

>Why do artists bother copyrighting their material?

 Because they can get compensation, even from churches. See above.

>Why do CCM artists get explicit permission to perform each other's work?

 Because performance in a ticketed concert that they receive payment for
is not "fair use" (see Jason's post again!)

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


Jason Steiner responds to:

>> Why do churches bother signing up and paying CCLI if they are 
>> exempt?

>copying of printed material. it's kinda hard for a choir to perform with
>only one copy of the music. 

no, no, NO!!!!! CCLI does NOT confer authority to copy a work intended for
performance in order to have sufficient copies for the performing group!!!
It is primarily for making copies of songs/music for *congregational use* 
during worship services and making tapes thereof (e.g. for shut-ins). It
also is intended under limited circumstances for legally making custom
(written) arrangements of songs for performance.

>actually, without CCLI, the church shouldn't have even one copy, since that 
>doesn't fall under fair (personal) use.

They can certainly own a purchased copy. And any number of people can perform
simultaneously from it. They cannot however make even one facsimile.

By the way, notice that musico-drama works seem to fall under fair use by 
churches as well. This seems a bit at odds with many company's requirement of
the purchase of <x> copies "to get the performance right". Are they bluffing??
Some companies charge you $40 for one script and let you copy at will for your
own use...

On the other hand, some dramatic organizations get their due by *renting* you 
the scripts, absolutely *prohibiting* copying or taping, and getting *all* the
scripts back when you're done. And they agressively prosecute violations. So
if your church decides one day to do Godspell, DON'T EVEN THINK about copying
the script out from a bootleg video and putting it on. The owners WILL catch
you (when you advertise the show) and WILL sue your socks off...There are too
many people around who spent ~1K$ to do it legal, and *they* will turn you
in...;-)

On the other hand, If your entire cast learned it by rote from a former cast 
member, never wrote down *anything* (no music on the piano, no taped 
accompaniment or MIDI sequences, no home video of the show), performed it for 
free 11AM Sunday in a church with an invocation and benediction, you MIGHT get 
off in court...

Any takers???...

Bob (I rent my scripts) Miller rhm@hpfirhm.fc.hp,com
Newsgroups: rec.music.christian