Things You Should Know
Copyright Compliance
The Pastor and the Music Director (if one is designated) need to have a clear understanding about copyright compliance requirements. This is both a legal compliance issue as well as a moral one. It is only fair that the composers, lyricists and artists who author the music are properly compensated for their work.
Any copyrighted produced recording, whether a MIDI or a .wav or .mp3 recording, is subject to a mechanical license. Many congregations that have faced the issue of recorded music are working with a keyboardist to produce these recordings. To not obtain a mechanical license for these recordings is a violation of copyright law. Willful violation of this law carries significant penalties. Depending on the church’s organizational structure, either the pastor or the congregation’s governing body would be the responsible party for compliance with this law. However, obtaining these mechanical licenses for the live religious service is daunting. One License, LLC provides a means to obtain a mechanical license for rehearsal purposes only. However, by contract, they specifically prohibit this license for use during live religious services. CCLI, another licensing organization provides licenses for may functions, but it does not arrange for any mechanical licenses for this purpose. If a particular church or parish wanted to produce its own “covers,” it would need to obtain a compulsory mechanical license directly from the publishers for each produced work, along with paying the appropriate royalties. This is a very involved process and requires considerable time and effort (and IP legal fees) to comply. Liturgical Music Productions has set up this process, and works with each publisher to obtain these licenses as part of our service. Liturgical Music Productions pays all applicable royalties as part of its service.
By subscribing with Liturgical Music Productions you are fully compliant with the copyright laws as they pertain to the mechanical licenses.
Besides the licensing involved in the use of recorded music (mechanical license) there is the additional consideration of the use of any music (recorded or live) in a public setting. Generally a Public Performance License (PPL) needs to be obtained for any “covers” of copyrighted material played in a public setting. One exception to this requirement in the U.S. is the use of music in a religious service. Thus, the liturgy, which is a public performance of “cover” music, is explicitly excluded from this requirement to obtain a PPL. However, any non-liturgical public performance does require one. A public performance is generally regarded as a performance in a venue that is open to the public. Rehearsals are not considered a public performance, but a pageant, play or cantata outside of a liturgy would likely be subject to a Public Performance License. Liturgical Music Productions, only permits the use of its material in private or liturgical use unless the pastor or congregation’s governing body has arranged to obtain a public performance license for the use of its aterials.
Additionally, with the onset of COVID 19 restrictions, there has been a blossoming of on-line video of religious services. Specific licenses can be obtained from One License or CCLI for this purpose. This would apply to any copyrighted works (spoken or sung) during the service.
Finally, it’s important to know that whether performing with live musicians or recorded music, any printed materials (e.g. music) are required to be properly licensed as well. Except under very special circumstances, all musicians and song leaders (including choir members) are to use materials directly distributed from the publisher. That is, it is illegal to make and distribute copies of copyrighted sheet music to be used by any musician or singer. In order for any church to comply with copyright law, they are to provide their performers with music materials that meet this requirement. Therefore, in order to use Liturgical Music Productions resources, the pastor or congregation’s governing body will acknowledge that their musicians and vocalists use only properly-obtained song books, octavos and other music materials that are provided or otherwise licensed by the publisher.
USCCB Guidance (For Catholic Parishes)
Guidance from the U.S. Conference of Catholic Bishops suggests that, for aesthetic reasons, music be provided by live musicians. As stated in the he USCCB guidance document, Sing to the Lord, Music in Divine Worship, “Recorded music lacks the authenticity provided by a living liturgical assembly gathered for the Sacred Liturgy. While recorded music might be used advantageously outside the Liturgy as an aid in the teaching of new music, it should not, as a general norm, be used within the Liturgy.” As a musician, I agree with this general norm. Recorded music should not be used as a substitute for a competent musician when such a musician is available.
USCCB does not specifically define recorded music. The assumption (I believe) that they refer to CDs of commercially-produced works, often with solo or choral singing. Our focus is on producing music (both MIDI and .mp3) that are specifically designed to support congregational singing, and are so good that they are often confused as being played by a live musician.
One real concern is that one might be tempted to use recorded music to replace an available competent musician in order to save money. This, in my opinion, would violate the guidance of the USCCB. However, many rural parishes and mission churches simply do not have access to a competent keyboardist, or one that is not always available. The decision should be made by the pastor whether an exception to the general norm exists and provide guidance to the music groups on when recorded music might be proper for them.
That pastor’s diocese may provide additional guidance on this matter, and the opinions expressed in this section are subject to any additional guidance that they provide.