Performance Exemption Only Covers Religious Services

Many church leaders believe they don't need a license to play and perform music in their facilities. They don't realize that the U.S. Copyright Law exemption doesn't cover music performances outside their religious services. Church leaders are surprised to hear they are probably at risk for copyright infringement. The Copyright Law actually provides an exemption for churches in one important area: Religious Service Exemption. The U.S. Copyright Law (Section 110 [c]), which states  "The exemption in clause (3) of section 110 covers performances of nondramatic literary or musical work, and also performances of "dramatico-musical works of a religious nature."

Many churches and ministries today need performance licenses from ASCAP, BMI and SESAC because they are performing or causing to be performed (playing) music in many non-exempt settings outside their religious services. Remember that copyright owners have five exclusive rights: 1) reproduction 2) display 3) derivative 4) distribution and 5) performance. So, the exemption covers display and performance rights, but ONLY in a religious service. This means songs and music played or performed outside a religious service usually requires permission from the copyright owner(s).

Many churches today play or perform music outside the service, and some of the most common examples are:

1. Concerts 
2. Seminars and conferences
3. Playing music throughout the church’s facility (in the lobby or narthex before and after services, in books stores or coffee houses and other areas of the church)
4. Music-on-hold
5. Social events like BBQs, youth gatherings, dinners, fund raisers, etc.
6. Dance or aerobic classes

NOTE: Some non-profit concerts may also be exempt if 3 criteria area met: 1) no fee is charged (including offerings); 2) the performers, producers or organizers are not paid, and 3) there is no profit motive.

If churches want to legally play or perform non-exempt music, they need to obtain annual facility or special events licenses from ASCAP, BMI and SESAC, the U.S. Performance Rights Organizations (PROs). These three PRO licenses cost about $700/year, plus reporting and often additional fees throughout the year.

The good news is that Christian Copyright Solutions (CCS) has worked with the PROs to negotiate a one-stop license from ASCAP, BMI and SESAC that greatly simplifies the process and allows churches and non-profit ministries to legally play or perform up to 16 million songs in all of these venues at their facilities and premises. See PERFORMmusic License for more information