BETTER BY SUNDAY
[ COVER SONGS, AND WHY THEY’RE OK IN CHURCH— ]
IF THEY’RE “RELIGIOUS” ENOUGH | Paul Herman
THE FIRST THING YOU NEED TO KNOW ABOUT reproduction, adaptation (derivative works), the Federal Copyright Law for worship services.
COPYRIGHT LAW AND THE RELIGIOUS SERVICE distribution, performance, display, and digital Section 110(3) states that the following are not
EXEMPTION (1 OF 2) sound recordings. infringements of copyright:
Cover songs. Cover bands. YouTube covers. Yes, odd as it seems (especially in this YouTube “Performance of a nondramatic literary or
Etc. So what are we talking about here? What’s era), performance is an exclusive right of a musical work or of a dramatic-musical work
a cover? copyright owner. If you write a song, the law of a religious nature, or display of a work, in
says that no one but you has the right to the course of services at a place of worship or
Music terminology these days includes two perform that song until they somehow get other religious assembly.” -U.S. Copyright Law,
kinds of songs: originals and covers. Originals your permission. Section 110(3)
So, is covering a song “legal”? Well, it Interesting. So to cover a song in church
are songs that you wrote. Covers are songs
that you perform, but someone else wrote.
depends on a lot of different things. For the without permission and still be legal, it has to be
“In popular music, a cover version or cover limited purposes of this article, let’s just think a song “of a religious nature” performed “in the
song, or simply ‘cover’ is a new performance of “performance” as actually playing a song course of services.” OK, seems straightforward
or enough. Except it’s not.
recorded, live in front of an audience. (The law defines commercially released song by someone other “performance” to also include playing recorded than the original artist or composer.” -Wikipedia music and videos, but we’ll address that in No one would likely question the “religious
recording
of
a
previously
another article. And creating YouTube cover nature” of most hymns or worship songs sung
Then there’s this obscure-sounding thing called videos stirs up even more issues.) In typical in churches today. But there will undoubtedly
“copyright” that’s somehow in the middle performance venues, like theaters, auditoriums, be questions along the fringe. What about
of it all. stadiums, concert halls, restaurants, and night some U2 songs? What about “Let It Be”? What
clubs, the venue is responsible for securing about Leonard Cohen’s “Hallelujah”? What
So, what’s the deal with copyright? Most a “performance license” from Performing about Bon Jovi’s “Livin’ On A Prayer”?
people would agree that the concept is fair Rights and right. The U.S. Copyright Law protects SESAC—who have reached agreements with All I can say is, you now know what the law
created works (like songs, recordings, and songwriters and publishers to represent their says. And you probably remember the song
videos) by providing six exclusive rights to their performance rights. made famous by Jiminy Cricket. “…Always let
Societies
like
ASCAP,
BMI
and
owners. That means only the copyright owner
your conscience be your guide.” Since I brought
has the right to do any of those six activities Church is different, because there is a it up –could that be a song “of a religious
without permission. The six exclusive rights are performance exemption actually written into nature”? Hmmm. Let the rationalizations begin.
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July 2017
WorshipMusician.com