Churches all over the country break the law every single week, and they don’t even know it.

Got your attention, didn’t I?  Most of us would agree that we wouldn’t walk into our local Wal-Mart store, shove a CD under our shirt, and sneak out the door.  However, the fact remains that most churches are guilty of stealing or using music illegally every Sunday, simply because they are unaware of their responsibilities when it comes to copyrights and the intellectual property of others.

As soon as composer or songwriter pens or records a song, that expressive work belongs to them and them alone.  This is what is known as Copyright.  Copyright holders are granted the exclusive right to perform, copy, distribute, and make derivative works from their music.  Anyone else wishing to use that music must obtain permission in the form of a “license”.  Most churches are under the impression that, because they are a church, those licensing obligations do not apply.  While churches are afforded certain exemptions, those exemptions do not cover every use of music by houses of worship.

Music sung or performed in a worship setting is, in fact, exempt from needing a license.  But what if the church hosts a concert or a conference?  What if the church plays a CD in the lobby?  Or in their on-hold message program?  Are churches legally able to project lyrics on a screen or print copies of lyrics in the bulletin?  These are not covered in the exemption and therefore need a license.

A performance license is required for activities such as concerts, conferences, on-hold messages, and music played in the lobby.  These are obtained through Performing Rights Organizations (PROs), which in the United States are ASCAP, BMI, and SESAC.  PROs also grant licenses for churches seeking to broadcast music via television, radio, and internet.

If churches display lyrics or store copies on a computer for projection or as handouts they will need a license from Christian Copyright License Incorporated (CCLI).  This license also covers recordings made of services that contain music (as long as it is not for broadcast or sale).

Don’t let your church make the costly mistake of assuming it is safe merely because it is a church.  Moreover, don’t fall into the trap of illegally using music and justifying it by saying “it’s okay because we’re doing the Lord’s work.”  Using someone else’s music without his/her permission is infringement.  Infringement is stealing.  Stealing is illegal.

We, are expected to abide by both God’s law and man’s law.  So we not only have a legal obligation, but a moral expectation to adhere to copyright law.  God makes this concept explicit in the ten commandments.  Genesis 20:15 NIV says,

“You shall not steal.”

Not only does copyright law ensure that music users appropriate proper credit to creators, but it also insures that copyright holders get fairly compensated for others who benefit from their music.  In reference to man’s law, God expects us to respect authority and, in turn, give credit (and money) where it is due. We learn this in Romans 13:

1Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. 3For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. 4For he is God’s servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God’s servant, an agent of wrath to bring punishment on the wrongdoer. 5Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also because of conscience. 6This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing. 7Give everyone what you owe him: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor.

Proper licensing helps us do just that.  We’re adhering to Man’s law.  We’re adhering to God’s law.  We no longer have to live in fear of getting caught or punished.  Most importantly, we no longer have to live with our conscience.

You can learn more about copyright obligations from this article at the MusicIsMyBiz Blog. You can also download the audio and notes from one of my seminars on this very topic.

While I’m not a lawyer and can’t assert this as legal advice, I’ll be glad to try to steer you in the right direction as best as I can.  If you have any questions about what your church is (or isn’t) doing in reference to using music, video, or images, feel free to comment and ask. If I don’t have an answer, I’ll connect you with someone who does!

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