    
COPYRIGHT POLICY for
PRINT TRANSCRIPTIONS, REHEARSAL TRAX & ARRANGEMENTS
Tamara is HIRED for a SERVICE.
All copyright licensing & permission is the responsibility of the church using the music. ChartsForChurches does not SELL any PRODUCT. If this page
does not answer your questions, please contact CCA:
CCLI
(Christian Copyright Licensing International):
It is expected &
assumed that all churches requesting charts from Tamara are CCLI licensed.
There are three common scenarios where CCLI may not cover a song & where
it may be required that the requesting church (User) obtain a photocopy
print license from a publisher/copyright owner:
1. The
song is NOT listed with CCLI.
2. The
song requires an "arrangement" (rather than a "transcription")-
i.e. medleys and orchestrations not purely derived from the original recording.
3. The
song is not covered by a publisher's "permission to copy for the purpose
of performance" (you will note that this is NOT a usage covered by
the CCLI license). Most major publishers do allow for this usage, but NOT
all.
In
these instances, the User is expected to contact the publisher. I, as the
transcriptionist, will continue to provide for all "basic" requests the available
information on who to contact. In most cases, a request for permission to
photocopy out-of-print music will be the means to obtaining license to use
a song not covered by CCLI. It is very rare that any copyright holder would
deny such a request, so it should not hinder your use or your planning in
any way.
See Permissions
Forms for more details.
non-CCLI
& non-RELIGIOUS:
Of course, any individual
or non-CCLI licensed User will need to obtain permission from the copyright
holder whether the song is listed with CCLI or not.
If the song is to
be used for non-religious purposes, the sponsoring venue (concert hall,
festival, etc.) will also need to contact the Performing
Rights Organization (BMI, ASCAP or SESAC) to obtain permission to perform.
Public Domain songs are exempt from requiring permission,
but in most cases transcriptions are from copyrighted arrangements, so the
info herein will still apply.
See Permissions
Forms for more details.
REHEARSAL
TAPES:
Most music leaders
distribute recordings of songs to team members. AND, I offer a service of
creating rehearsal tapes for vocalists with the vocal part sung clearly
into the right speaker. This is a TREMENDOUS tool for singers of all calibers.
I personally use my own rehearsal trax when I am involved in the performance
of a song.
Unfortunately, the
specifics of the laws actually discourage the copying of audio even for
mere learning purposes. The good news is that many major CCM publishers
have allowances for this usage & in most cases the permission is implied.
If permission is not implied, a rehearsal
track licensing permission is required for a standard fee of about 8¢/copy.
See Permissions
Forms for more details.
**A
WIN-WIN-WIN SITUATION:
One suggestion I
make to ALL churches who use contemporary Christian music: MAKE THE ORIGINAL
ARTIST'S CD AVAILABLE FOR IMMEDIATE SALE following the service where the
song(s) is used. Simply list in your church's printed handout the title/artist
info of the song(s) you use in the service & then coordinate with your
sales table to be sure to have copies available. It is a wonderful variation
on the "sermon tape" that so many churches now make immediately
available following services. This accomplishes:
- perpetuated artist sales
- a
pragmatic take-home tool of ministry that will have a lasting impact
- a
pragmatic way to build up your church sales inventory
DISCLAIMERS:
If the Holy Spirit
is to do His work in any of us, we must take seriously any possibilities
that we are doing wrong & take strides to not only correct our errant
ways, but of course to repent & seek out God's will in these matters.
SPIRIT
OF THE LAW:
The caution is
always to PROTECT THE PROPERTY OF THE COPYRIGHT OWNER. Equate it to your
neighbor who leaves his lawn mower out on the front lawn. He's not home
so you go & borrow it from him & then return it without ever telling
him. Would you REALLY do that? If you have a standing agreement with him,
then yes, but certainly not if it had never been discussed.
SPIRIT
OF THE USAGE**:
This is probably the greatest
concern in the interest of the CHRISTIAN publisher, songwriter and recording artist. The
caution here is to NEVER UNDERMINE SALES REVENUE by distributing songs
in any form that would take away from what would otherwise be a sale of
existing product.
In church usage,
we have a distinctive legal exemption allowing us to perform songs in religious
gatherings without paying royalties. Do not mistake this for "fair
use." We have no fair use rights. That is an EDUCATIONAL distinction.
Therefore, when it comes to making copies of print & audio, we must
be sure that we are at the VERY least following the "spirit of the
law" as well as the "spirit of the usage" whenever we are
not sure if we have permission. Redtape or not, we must make every effort
to obtain permission where permission is neither granted nor implied.
FURTHERMORE:
As Christians, we
are called to be above reproach in all we do. In 2000 I went above &
beyond to be sure laws were obeyed - & I found it to be frustrating,
time-consuming & unreasonably expensive for everyone. In 2001, I laid
that burden more appropriately upon the User of the charts in a way that
makes it more legally & monetarily fair to the copyright owners, the
requesting church (User) & myself. I barter a "service" -
not a "product." I will continue to do the tedious work of researching
copyright ownership (as part of my "basic" service), & trust that you, the User, will
take appropriate action for any songs or usage not falling under your CCLI
license agreement.
If you find, conclusively,
that there is an error in anything laid out herein, I ask that you bring it to my attention. These laws are not only confusing
to us as musicians, but even to the so-called "experts" of the
industry.
As far as usage
for "contemporary" church services, we are really in uncharted
territory (no pun intended!). The laws have not caught up to the common
usage. And of course that is why I provide this service - because the publishers
have also failed to catch up to the common usage of rhythm bands & background
vocals in the church.
CCLI was born out of a need for worship/congregational
church use. And CCLI has been in every sense of the word a GODSEND. But
what about the thousands of "communication" songs? No longer do
churches just ask the congregation to stand & sing "vertical"
worship songs out of pre-printed hymnals & praise books. There are "horizontal"
songs that communicate the deep truths of God's Word (even from the secular
market) which either never make it to print, or which make it to an unusable
print format (which in copyright terminology is equated to being "out
of print" as far as your usage is concerned). No distinct laws (to
my knowledge) actively address the great usage of "horizontal"
contemporary music in the church.
In summary , CCLI &
common permission requests will keep you aright.
Any further questions, please
contact CCA:
 |