This week’s blog is written by Gary Godwin, Director of Client Relations for CCS. In his role, Gary is often on the phone encouraging and assisting a diverse group of church staff members who are challenged by the daunting task of keeping their church copyright compliant.

The “Copyright Cop” designation rests squarely (often uncomfortably) on the head of a church staff member who may also serve as: Senior Pastor, Worship Pastor, Creative Arts Pastor, Music Minister, Administrative Pastor, Communications Minister, IT Director, Praise and Worship Pastor, ad nauseum. Rest assured, the words copyright compliance evoke a feeling of nausea for many in the worship sanctuary!

The IT Director of a church client in south Florida is not alone in sarcastically calling himself the “Copyright Nazi,” the man who says “NO” because he is the man in the KNOW about copyright issues. He absorbs knowledge about copyright law knowing that illegal use of copyrighted material violates the 8^th commandment about stealing and has a diminishing economic impact for the copyright holder! The nature of his calling as a compliance officer generally reduces the number of fellow church staff that the “Copyright Cop” can call friends but this role is VITAL!

Today’s electronic environment affords countless opportunities for seemingly “free” use of copyrighted material. Invariably, a review of the Terms of Service, or Terms of Use, indicates otherwise, often citing copyright law to negate the euphoria that “free” implies any and all usage.

The good news? Churches know their moral obligation to honor those who produce copyrighted material. Though churches KNOW the importance of commitment to copyright compliance, many don’t know HOW to comply, often under the mistaken belief that a blanket license covers any and all uses of copyrighted material.

Education about copyright compliance should rest deep within the heart and soul of every church staff member involved with the use of copyrighted material. Once accomplished, the role of “Copyright Cop/Copyright Nazi” will pass the way of 8-track recordings!

Christian Copyright Solutions presents monthly online educational webinars on a variety  of copyright topics impacting churches and ministries.  

As the curtain falls on festive Christmas programs, there's a hushed sigh of relief echoing from Worship Leaders across the land.

Months of dedicated planning, rehearsals and performances have culminated in the beauty of celebrating God with Us. Now it's time for a rest... or maybe not.

Some worship leaders (and their staff) probably scrambled at the last minute to try to obtain copyright clearances for rehearsal copies, CD records, DVD videos, and making custom arrangements. They may have found it very difficult (if not impossible) to get clearances prior to their productions and may have even encountered denials or extremely high royalty rates.

This is an ideal time to address how to incorporate copyright clearances into your program planning.

It's time to start planning your Easter program.

Easter Calendar 2009

• February 25   Ash Wednesday
• April 5           Palm Sunday
• April 10         Good Friday
• April 12         Easter Sunday

More and more churches are wisely planning events to allow for timely copyright clearances. Here are some practical tips on how to make sure all your copyrighted material is cleared before your Easter production events.

The key to copyright compliance is PLAN—1) Prepare a list of all the details for each copyrighted work; 2) Learn the basics of the Copyright Law or let a copyright professional help you with research and licenses; 3) Allow enough time to research and obtain permission; 4) Never use copyright material without permission or exemption.

If you begin planning 3 months prior to major seasonal productions, you will allow time for the following processes:

1. Research and identify all copyrighted material that will be used in the production. As your creative worship team submits ideas and materials require that they include complete copyright information: full title, author, source, lyrics, product on which it appears with UPC# (CD, Musical or Songbook, Website, a book, etc.), copyright notice, publishers and administrators.
2. Identify and note all of the possible reproductions of copyrighted material for your production. Will it include any of the following:
• Audio recording (CD, Cassette, MP3)
• Video recording (VHS and DVD)
• Custom arrangements
• Rehearsal Trax
• Use of master recordings (a record label’s recording of the song) for CDs or Trax
• Use of master recordings on video
• Photocopies taken from a songbook or musicals
• Custom arrangements made for orchestra, choir or ensemble
• Will you sell tickets to the event? If so, you may need a performance license in order to do so.
• Multi-media image presentation. Will you reproduce copyrighted visual images or photos, and will they be included in a video?
• Literary. Will the production include drama or literary quotes, which may require clearances?
• Will the production be broadcast on TV or Radio?

3. Compile a list of all copyrighted material and projected uses or reproductions.
4. Define all details regarding the production, including project title, performance dates, number of units of each medium to be reproduced, selling prices for each reproduction, etc.
5. Submit your license requests to copyright owners at least 3 months prior to performance dates. Companies like Christian Copyright Solutions (CCS) (www.copyrightsolver.com) can also help you with research and identifying hard to find information about copyrights and obtain licenses on your behalf.
6. Include royalty fees in your production budget. On the average, copyright royalty fees for a Easter production with CD, Video, Rehearsal Trax and Photocopies average between $800-2,000, depending on the number and types of copyrights used. Here’s a list of estimated royalty fees for various copyrighted materials:
• Audio recordings: $.091 per song (recording time of up to 5 minutes) or $.0175 per minute per unit manufactured and distributed. 5:01-6:00 minutes $.105; 6:01-7:00 $.1225; 7:01-8:00 $.14. This rate applies to CDs as well as audio digital formats for downloads. Many companies have minimum fees of $10-25 if you have low quantities of units. Master recordings (using the song as recorded on an existing CD): $.15 to $.25 per song recording per unit. Many companies have minimum fees of $10-25 if you have low quantities of units. Some companies charge up to $175 minimum flat fee.
• Audiovisual (Video, DVD) recordings (synchronization): $.15 to $.25 per song per video. Some secular companies may require a minimum flat fee as high as $300.
• Print: Custom arrangements or photocopies from songbooks. Fees range from $.50 to $1.25 per song per copy, and there are often flat fee minimums of $15-25. One secular publisher charges $100, no matter how many units you want to make.

NOTE: Make sure you have all the annual blanket licenses that will give you coverage for various copyrights and uses without requiring you to get individual permissions.

PerformMusic LICENSE from CCS (www.copyrightsolver.com)

One-stop license with more than 16 million songs from ASCAP, BMI and SESAC allows churches to perform and play songs onsite in their facilities for non-exempt activities like playing music before or after a church service, music-on-hold, through speaker system in facilities, aerobics/exercise class, weddings & funerals, seminars or conferences, and social & youth events 

WorshipCast License from CCS (www.copyrightsolver.com)

One-Stop Church Internet Song Performance License - Allows churches to webcast and stream worship services and events featuring your performances of more than 16 million songs from ASCAP, BMI and SESAC repertoires.

CVLI – Christian Video License International Coverage from CVLI) - www.cvli.com allows performance or playing of the following: 

• Pastors can use selected movies to illustrate sermon points; 
• Sunday schools and Youth Groups can view the latest videos; 
• Educational classes can show videos for teaching and training.  If movies have multiple producers, permission is needed from all copyright holders.

CCLI – Christian Copyright License International

Coverage from CCLI (www.ccli.com) -  Allows churches to reproduce about 200,000 songs in the CCLI Song program for congregational singing in the following ways:

• Print songs, hymns, lyrics in bulletins for congregational singing;
• Create custom songbooks (bound or unbound) for congregational singing;
• Create overhead transparencies, slides & other formats for visually projected songs;
• Arrange, print and copy your own arrangements for songs used for congregational singing where no published version is available;
• Record your worship services (provided you only record live music and do not reproduce accompaniment tracks) and sell for up to $4 each for cassette tapes and CDs and $12 each for videotapes and DVDs.

I love going to art museums—being surrounded by and immersed in visual beauty is a luxurious pastime that often feels like a selfish indulgence of the senses. Sadly I seldom extract myself from daily responsibilities to indulge my soul and spirit in such a feast.

Today was a rare and treasured exception. I took a personal retreat and sojourned across Mobile Bay. Our local art museum (Mobile Museum of Art) just opened the St. John’s Bible exhibit, which is the first illuminated Bible commissioned since the advent of the printing press—a contemporary masterpiece of medieval craftsmanship and calligraphy by world-renowned British calligrapher Donald Jackson and his team of scribes and artists.

As I crossed the threshold into the softly lit hall, I felt as if I were entering the holy of Holies. My mind and soul hushed as I approached the first of 50 two-page hand-illuminated scrolls from both the Old and New Testaments created with gold leaf on oversized (2 x 3 ft.) vellum.

Featured are selections from the first three completed volumes of The Saint John's Bible: Pentateuch (the first five books of Jewish and Christian scripture), Gospels and Acts and Psalms. Highlights include folios of The Seven Days of Creation, Genesis, The Garden of Eden, The Ten Commandments, The Birth of Christ, The Crucifixion and the frontispieces for the four Gospels. Experiencing the hand-written word of God in juxtaposition with these stunning and vibrant illustrations, I could feel the breath of God (ruwach) stirring and calling the two creative expressions to life.

The exhibit includes a BBC video, which chronicles the mission statement of the Bible's commissioning and Jackson's  lifetime dream of creating an illuminated Bible and its seven-year labor of love. "At the dawn of the 21st century, Saint John's Abbey and University seek to ignite the spiritual imagination of believers throughout the world by commissioning a work of art that illuminates the Word of God for a new millennium."  

I lingered on the thought that God’s handprint was stenciled on the day’s sojourn. Only last week I had enjoyed extensive conversations in Nashville with worship colleagues to explore ways we might develop to promote and support Christian visual artists—photographers, painters, sculptors and filmmakers. 

It’s been thrilling to see the restoration of the visual arts in expressions of worship over the past decade. I’ve been able to help many churches with obtaining permissions for visual images, but it’s quite difficult tracking down the copyright owners and there’s a deep need for easier licensing and royalty revenue that would help support Christian visual artists.

Since experiencing the sacred power of “Illuminating the Word,” my passion and dedication is renewed to develop new licensing solutions that will honor and encourage Christian visual artists.

"Illuminating the Word: The Saint John's Bible" is organized and circulated by the Minneapolis Institute of Arts and Saint John's University, Collegeville, Minnesota. The exhibition and its national tour made possible by Target. I am a faithful Target shopper (abhor Wal-Mart), and they have just won my eternal admiration for their support of the arts.

When I visit churches to consult and present a copyright seminar for their staff, there's usually one table in the most remote corner of the room that avoids eye contact, keeps their heads down and starts squirming in their seats. As I begin outlining various activities that require prior permission from copyright owners, the discomfort is palpable.

Any idea which ministry this group represents? Right...it’s the youth or student ministry. They become increasingly restless and fidgety as I talk about burning copies, downloading material from the internet, and sharing video and MP3 files.

“They’ve grown up without fences,” one youth minister explained. “If they can copy and paste or download something to reproduce it, they think it must be OK. They believe that if ‘they’ don’t want us to copy and use the material, ‘they’ wouldn’t let us do it…it wouldn’t be so easy!”

And let’s face it, the church’s young people are the most creative, innovative and savvy when it comes to downloading, ripping, copying, pasting and bypassing DRM and codes to access and use website content.

As a youth minister, you don’t want to throw a “wet blanket” on your students creativity, so how can establish some fences that honor copyright laws and encourage innovation and imagination at the same time?

Keep in mind that you are training and laying a foundation for the next generation of Christian leaders, and you have an opportunity to show them the importance of honoring copyrighted creative works.

1)      Use copyright compliance as a spiritual teaching opportunity. God’s ways are not the world’s ways—just because everyone else is doing it, doesn’t make it pleasing to God. Present a teaching on the spiritual reasons to honor copyrights. Some key points you could highlight include:

• The 8^th commandment says “Thou shalt not steal.” Because a copyright is an intangible intellectual property, it’s often difficult to grasp still belong to someone and a reproducing someone’s copyright without permission constitutes stealing.
• The Bible instructs us to honor the laws of the land (Rom. 13:1) The U.S. Copyright Law very clear protects the rights of works of authorship. 
• If your students use copyrights without obtaining permission, they could place your church at risk of copyright infringement and suffer liability for law suits and fines.
• Copyright compliance honors the gifts of Christian artists and supports the ministry of creative arts.

2)      Personalize it—if any of your students have creative gifts such as songwriting, photography or filmmaking, explain that they may one day be called to a creative arts ministry and make a living on the royalties paid for use of their copyrights; e.g., share David Crowder’s or Chris Tomlin’s story.

3)      Research and explain how to make the most of existing blanket licenses like CCLI, CVLI, WorshipCast License and PerformMusic License, which make it possible to use certain types of copyrights in specific ways without obtaining prior permission. (See May 19, 2008 Blog posting.)

4)      Develop a cache of resources for royalty free or legally purchased copyrighted materials and train your team and youth to use these materials. Check out content at http://www.lifechurch.tv/, http://www.creativepastors.com/, www.gccwired.com, http://www.sermonspice.com/).

5)      Nurture the talents and gifts in your youth and encourage them to use their own creative works in developing worship materials and projects such as videos, films, multimedia presentations, drama and music. 

Three worship conferences in 20 day…10 flights to 3 cities…three workshops per week. June is usually the month for vacations, but not for the CQ and her royal entourage.  It’s worship arts conference season and that means visits to the West Coast, Midwest and Gulf Coast.

A far cry from a worship band's concert tour, all the miles and late hours are still more than worth it...the bonus, of course, is reconnecting with old friends, making new ones, great teaching, creative inspiration and incredible worship. One of my personal joys during our marathon itinerary was time at the Saddleback worship conference in Orange County, CA.

It all started with a phone call from worship pastor Rick Muchow in March 2000. “I know we’re not totally copyright compliant, but I’m not sure where to start.” We began helping Saddleback Church with their commitment to copyright compliance and then launched CCA in 2001, so it was really fitting that we announced the change of our name and expansion of services at the 2008 Saddleback event.

“Hold on tight kids, here we gooooo!” Remember the first time you rode on the Peter Pan ride at Disneyland (Disney World for East Coastians)? I do…I recall with vivid Technicolor detail the thrilling anticipation and excitement of impatiently waiting my turn to get in the car and take flight up and away into the dark cavern dotted with a swash of stars above my head.

I have that same mixed sense of awe and anxiety today as we prepare to take off on the whirlwind tour of summer worship conferences. Our first stop will be the Willow Creek Arts Conference in Chicago starting this Tuesday (June 10). We’ll move on to the Southern Baptist conference in New Orleans June 15-17 and then Saddleback’s Worship event June 22-26 in Southern California. And that’s just June…then there’s the Worship Leader conference in Austin in July and the ride continues through August and September.

The great part is that we’ll have many opportunities to meet hundreds and thousands of church pastors and worship leaders, and I always look forward to that connection. The anxiety part comes from just the physical energy requirements of all the travel. I could use a little bit of Tinker Bell’s magic flying dust right now…plus lots of happy thoughts.

What I enjoy most is the interaction with worship leaders and the learning aspect of fielding questions, problem solving and brain storming. One of the most common questions is “I thought churches have an exemption for performance rights. Why do we need a performance license?”

The U.S. Copyright Law actually provides an exemption for churches in one important area: Religious Service Exemption. Exempts performance and display of copyrighted work of a religious nature during 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 but ONLY for works of a religious nature in a religious service. This means that performance of non-religious songs during a service are not exempt, and music played or performed outside a religious service 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, etc.

6.      dance or aerobics 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 possible additional fees throughout the year.

The good news is that CCA (www.churchca.com) will soon be launching a new one-stop license from ASCAP, BMI and SESAC that greatly simplifies the process and allows churches to legally play or perform up to 16 million songs in all of these venues.

We’ll have more news about the license at the Saddleback Worship conference in a few weeks, but you can also call 251-929-2411 for details. And please come by and visit our booth if you’re attending any of the worship events over the next few months.

HRS (In His Royal Service)

"The Copyright Queen"

I’m returning from Denver, CO today after consulting with church leaders and a music publishing company. In my travels visiting churches and speaking at conferences, one of the most common and confusing questions I encounter is, “Can we post files on our website and allow downloads?” Often the question is really more of a hope for affirmation that it’s OK to do what they’re already doing.

Many churches want to harness their websites for convenience and cost savings to allow worship team members to download songsheets, charts, orchestrations and digital audio files for rehearsal purposes. It makes perfect sense, but is it legal? Short answer—no without prior permission.

Just a few years ago, worship leaders and ministers of music burned CD copies of songs they wanted their musicians and singers to learn, and although the means and technology have changed, it’s still the same issue. In almost all situations (there are a few exemptions), when you copy or reproduce a copyrighted work—in this case song(s) and sound recordings—you must first obtain permission from the copyright owner.

Whether you make a copy or reproduce a song by burning a CD from the original CD recording (which may be legally purchased) or post an audio digital file on your website and allow others to download the file—you are making copies or reproducing the original, and you must first get permission from the owner. Reproduction is one of the five exclusive rights of the copyright owner: 1) reproduce 2) distribute 3) derivative 4) display and 5) perform.

I’ll break it down in a little more detail. Let’s say you legally purchase or download a song from iTunes or another digital distributor (in digital audio format), you must abide by the Terms & Conditions of the distributor. You may be allowed to do certain things with that copy, such as “burning a song playlist on up to seven CDs,” or storing the song on up to "five Apple-authorized devices at any time." The T&C only provides for personal, non-commercial use, and does not include sharing the files with others or posting them on a website where they can be downloaded.

There are two copyrights resident within the digital audio file: 1) the song, and 2) the sound recording of the song. There may be one, two, three or several owners of the song, depending on how many writers and/or co-publishers there are. The sound recording by the artist of the song is owned by the record label.

In order to legally make copies of the digital audio file (whether you burn them or post them online and allow downloads), you must obtain permission from the owners of the song(s) and sound recording. The license from the song copyright owner is called a mechanical license for CD recordings or DPD (digital phonorecord delivery) for downloads, and the license for the sound recording owner is called a master mechanical or master DPD. The mechanical song license can be obtained from the song publisher and currently costs $.091 per song per unit (5:00 minutes or under), although many companies charge a minimum fee of $15.00-91.00 for downloads. Master mechanicals for downloading sound recordings are more difficult to obtain and typically cost $.25 per song per unit with high minimums.

If you subscribe to or use an online application that allows you to organize and store files online (PDF or digital audio), the subscription does not usually include the permission or license allowing you to make download copies.

Another alternative is to post your performances of songs for listening only (non-downloadable) on your site and obtain the WorshipCast License—a one-stop song internet performance blanket with 16 million songs from ASCAP, BMI and SESAC (the performance rights organizations) (visit www.churchca.com/wcl.htm). NOTE: This only covers performance of songs, not sound recordings, so you would not be able to post third party recordings of the songs. Some churches actually post the live recording of songs from their worship services for future rehearsal purposes.

I know that many worship leaders are frustrated by the Copyright Laws that restrict them from the most convenient and affordable method of posting songs for downloads on their websites. But, remember, that it’s really no different than when Xerox® introduced the first photocopier in the 1960’s, which made it extremely easy and accessible to make copies. For those who wanted to honor copyrights and abide by the law, they still had to get permission before making photocopies of copyrighted material.

Hopefully sometime soon Christian song publishers and record labels will be able to work together to create a simple blanket license that simplifies the process for legally downloading song files. I’ve had some encouraging discussions with various copyright owners lately about the need for this solution. In the mean time, however, you will need to get permission from the copyright owners or simply legally purchase download copies for each member of your worship team. I encourage you to pray about new solutions and ways copyright owners can collaborate to create accessible licensing rather than road blocks for churches that truly desire to honor songwriters and artists.

I’ll address more internet digital download issues in my next posting.

Many churches are confused about what rights the various blanket licenses cover and do not cover. To help understand what copyrights and activities are allowed with the purchase of each license, here is an outline of basic coverage for the annual church licenses currently available.

WorshipCast License from CCA (www.churchca.com)

One-Stop Church Internet Song Performance License  - Allows churches to:

·        Webcast worship service and events featuring performances of more than 16 million songs from ASCAP, BMI and SESAC repertoires.

·        Feature song play lists with interactive selection of streamed songs for listening (non-downloadable)

·        Songs must be performed by your own musicians and singers, or artists/groups, who grant permission to use their recordings of the songs.

What You Can NOT Do:

• Download MP3 or digital audio song files (or provide for download)
• Webcast third party sound recordings or accompaniment tracks.
• Use any copyrights other than songs on your website; e.g., videos, literary works, visual images, etc.

CCLI – Christian Copyright License International

Coverage from CCLI (www.ccli.com) -  Allows church to reproduce songs in the CCLI Song program for congregational singing in the following ways:

• Print songs, hymns, lyrics in bulletins for congregational singing;
• create custom songbooks for congregational singing;
• create visual format for projection of lyrics for use in congregational singing;
• Arrange, print and copy your own arrangements for songs used for congregational singing where no published version is available;
• Record your worship services (provided you only record live music and do not reproduce accompaniment tracks) and sell for up to $4 each for cassette tapes and CDs and $12 each for videotapes and DVDs.

What You Can NOT Do:

• Photocopy or duplicate octavos, cantatas, musicals, handbell music, keyboard arrangements, vocal scores, orchestrations or other instrumental works;
• Reproduce or make practice or rehearsal trax;
• Reproduce or copy sound recordings;
• Make translations of songs;
• Reproduce songs in videos or audio recordings, unless recorded live in your worship service;
• Use songs that are not in the CCLI Song Catalog program (for example, some secular songs like “White Christmas” by Irving Berlin.
• Use any copyrighted material besides songs.

CVLI – Christian Video License International Coverage from CVLI  -  Allows the following: 

• Pastors can use selected movies to illustrate sermon points; 
• Sunday schools and Youth Groups can view the latest videos; 
• Educational classes can show videos for teaching and training.  If movies have multiple producers, permission is needed from all copyright holders.

What You Can NOT Do:

·        Reproduce or copy a video or film in whole or in part

·        Synchronize any portion of a video or film to another medium

·        Charge admission to view the movies

·        Show videos or films on TV broadcast or on the Internet

PerformMusic License (www.churchca.com) – One-stop Onsite Church Performance License with 16 million songs from ASCAP, BMI and SESAC allow churches to play and perform songs in the following non-exempt  activities:

• Playing music before or after a church service;
• Non-exempt Concerts (admission charge or payment to artists/producers)
• Music on hold for phone system;
• Music through a speaker system in the church office;
• Music for an aerobics/exercise class;
• Seminars and conferences
• Music at church functions such as a youth event, special dinner, concert, BBQ, etc.

Christian music publishers and records labels are struggling to find a new model to lift them from the valley of digital download despair. The process of signing new songs and artists is not a cake walk nowadays, partly due to broader digital avenues for indies to promote and distribute their own works.

Whether a church, ministry or small business, if you’re thinking of getting into the publishing and/or record business, carefully consider what you can offer a promising new songwriter or artist that will set you apart?

In working with creative artists for more than 23 years, I’ve learned there are at least three elements that cause them thrive: 1) someone they trust on their team who provides structure, organization and a strong business acumen; 2) an environment that cultivates and promotes creativity, and 3) a place called home—a safe harbor that offers nurturing, accountability, care and a sense of belonging.

All of these elements can be difficult to establish, but the third one is often the toughest, and this is what a church or ministry can provide in a unique setting if they do it right.

1) A trusted partner who provides structure, organization and business acumen. The emphasis really is TRUST. I’m reading “The Speed of Trust” by Stephen M.R. Covey and he beautifully articulates many principles I’ve known in my gut for a long time. “Trust is absolutely key to long-term success,” says Jim Burke, former CEO/President of Johnson & Johnson (see my March 25, 2008 blog about Hillsong Music).

Most “creatists” are weak in the areas of business and organization. Many know they need help, but don’t know where to find or even look for it. For those few lucky enough to have spouses with these attribute (their complement), the answer may reside under their own roof, and hopefully trust is not an issue. But most have to look elsewhere and trust is usually the underlying concern.

You can find people or companies with financial, business and organization strengths, but trust is the glue that will build a long-term relationship. It’s important to be thorough in researching a company or individual’s track record. Talk to several of their clients (current and former) to hear how well they perform on time and in the manner they promised.

2) An environment cultivating creativity. There are many books that focus on how to develop and promote a creative environment. I’m not an expert in this area, but I believe a church/ministry can promote a creative space by honoring the creative gifts, providing time and place for the creative process (humor, trying crazy things, non-judgmental attitude), and providing stability and accountability. I'd love to hear your thoughts on how to cultivate creative space.

3) A place called home—a safe harbor that offers nurturing, accountability, provision, care and a sense of belonging. This element is probably the most vital to help creativity flourish. The creative process is often lonely and doubt-riddled, and a place of belonging provides a solid foundation for pressing through the tough times of discipline. It’s amazing how many creatists I’ve known who seek and find a home, but later experience devastating disappointment and crushed expectations.

A spiritual home should offer the discipline of accountability, the stability of regular income, sharing ideas and collaboration, and acceptance in failure and success. Not many commercial record companies and publishers can offer this type of home. Some churches/ministries may also be missing these components, but it’s important to intentionally and carefully build these elements into your foundation for long-term success.

HRS (In His Royal Service)

"The Copyright Queen"

You can obtain permission to feature internet song performances from ASCAP, BMI and SESAC (16 million songs) or the one-stop WorshipCast License (www.churchca.com/wcl.htm) on your website.

The other key concern is whether or not you have written permission from any person who may be included in your performance, recording or filming. Whether a staff member or volunteer, make sure anyone performing, singing, playing instruments, or included in an audio or audio visual production has signed a “consent and release” form granting you permission to use their contribution in any manner you desire. I recommend that you have all staff members and regular volunteers annually sign a simple one-page agreement.

The issue of filming or photographing people in the audience is much more challenging. You can post notices at every entrance to your sanctuary notifying people that they may be filmed or photographed, but that may not be enough. I recommend you obtain legal advice regarding your liability concerning privacy issues, or you may want to avoid using any footage or photos of the congregation. You must especially consider privacy issues regarding minors in your student and youth programs, and it is best to have parents sign a waiver to cover your right for this type of activity.

YouTube, MySpace and FaceBook have opened up a copyright can of worms. Several of my church clients have asked for guidance because their pastor found a clip on YouTube and wanted to make a copy and show it during the service. Here’s the challenge: the person uploading their video footage to YouTube may not own (or have permission to use) various copyrighted material in their video. They may have released the rights to their film, which allows you to download it, but if they’ve sung someone else’s song or used a third party’s copyright and didn’t get permission, then they are liable for copyright infringement. If you reproduce and use their footage, you’re also at risk.

Here are some very basic and practical guidelines to follow to avoid the risk of copyright infringement, fines and litigation:

·        You must have written consent and release from any individuals included in a video or audio video reproduction. This includes people in your congregation or audience, singers and musicians, youth and any staff members or volunteers in your worship or creative arts team.

·        Before you consider posting any material to your website, create a checklist for each service and list every possible element that may be copyrighted. Allow 4-8 weeks to obtain copyright clearances, or omit it from your reproduction. Call CCA at 251-929-2411 or email info@churchca.com for ways CCA can help obtain licenses and advise you regarding requirements.

·        In contrast to a webcast, a podcast involves the download of digital files from your website server to the visitor’s computer. As a result, the download of  any third party copyrighted songs, requires that you obtain a DPD (digital phonorecord delivery) mechanical license from the song owners. There is currently no blanket license that covers a group of songs for this use, and you must get the license from each song owner. If you’re podcasting your pastor’s sermon online and want to add any copyrighted material to the sermon, you must consider if the element is copyrighted and obtain permission from the owner.

·        Seek guidance and assistance from a copyright/entertainment attorney or professional copyright administrator (brock@shinenlaw.com or www.churchca.com/resources.htm.) 

HRS (In His Royal Service)

"The Copyright Queen"

I recently spent a day consulting with a Jacksonville, FL church that is launching a music publishing company and record label. I’m the first to admit that I’m somewhat skeptical when it comes to churches getting into the business of music because one of the biggest hurdles they face is recognizing that it IS in fact a business, and a very complex one at that.  

I was pleasantly surprised, however, when I met the church’s leadership team and discovered how much research and study they’d already invested in developing their songwriter/publishing model. They had obtained solid legal counsel, talked with successful church publishers, including Hillsong, analyzed various agreements and licenses, and read several books on publishing (including CCA’s “Now That You’re a Christian Song Publisher”) www.churchca.com/resources.htm.   

The more we explored songwriter relationships, royalty percentages, recordings and the role of a publisher, the more impressed I was with the model they’re developing. At first, I questioned some of their deviation from the Christian music industry standards (I find it’s sometimes unfortunately easier to cling to what you’ve known and assume it’s the right way of doing things). However, as I listened, I found my old assumptions and pre-conceived notions crumbling. 

Christian music publishers and record labels are struggling to find a new model or paradigm that will lift them out of the valley of digital download despair. Songwriters and artists are discovering new channels of distribution and promotion online and unless you’re a “Star” writer or artist, there can be many disadvantages in signing with a big company.

It’s important to keep the basic job of a publisher in mind—PROMOTE, PROTECT AND COLLECT (and disburse revenues). But I think we can add another aspect to the publisher’s mission: NURTURE.

In working with creative artists for more than 23 years, I’ve observed that they need at least three things to thrive: 1) someone they trust on their team who provides structure, organization and sound business management 2) an environment that cultivates and promotes creativity and 3) a place called home—a safe harbor that offers nurture, accountability, care, encouragement and a sense of belonging.

The third one is often times the toughest, and this is what a church or ministry publisher can provide if they do it right. I have seen many artists in search of a creative home in their business relationship with a Christian music company only to be bruised with disappointment. Often their disenchantment was due to unrealistic expectations, rather than broken promises by the company, but it reveals a vital requirement that artists have if they are to flourish.

One of the most surprising bits of information I gleaned in Florida supports this idea. The church’s attorney reported that he had spoken with someone at Hillsong Publishing and asked him how they handled contracts and royalties when a songwriter left. There was a pause on the phone, and then a startling reply, “We’ve never had anyone leave in 18 years.” Now, this is second hand information, so I don’t know if this is true, but my first reaction was, “Wow! What are they doing right to produce that kind of loyalty and history?”  

And that’s the most challenging question any church should ask if they’re considering forming a publishing or record company.

A growing number of churches today have developed creative and innovative worship programs and are blessed with a community of worship artisans—singers, musicians, dancers, visual artists, actors, etc. Nurturing, encouraging and developing these artisans often leads to church leaders considering the next step of managing or administering their original works of authorship (copyrights). If you or your church is considering entering the music or entertainment business, these are some of the important points to research and consider.

This topic has stirred a lot of conversation among the CQ Royal Entourage this week, so I’ll continue the conversation with my next posting. In the mean time, let me know what you think about the subject.

Churches in the business of music? Hillsongs, Willow Creek Church, Saddleback Church and Gateway Church have all faced this question and embraced it with different perspectives and models.

I leave today for an on-site consult with a Florida church currently addressing that question and developing plans to launch a music publishing company and record label. I always look forward to interacting with church leaders in developing a solid foundation for building a music publishing business—one of the big challenges is helping churches understand that it IS in fact a business, and a very complex one at that.

A growing number of churches today have developed creative and innovative worship programs and are blessed with a community of worship artisans—singers, musicians, dancers, visual artists, actors, etc. Nurturing, encouraging and developing these artisans’ often leads to church leaders considering the next step of managing or administering their original works of authorship (copyrights).

In addition, the accessibility of new technology makes it much easier for churches and ministries to produce their own high quality recordings. Of course, several major praise and worship labels, such as Hillsongs, Mercy/Vineyard and Maranatha! Music, originally grew out of successful church ministries and programs. Praise and worship music, in particular, is a natural expression of a healthy, vibrant church worshiping community. If a church or ministry decides to create a publishing company or record label, however, it is important to count the cost and carefully consider the complexities and responsibilities of their business, as well as ministry commitment.

CCA has a comprehensive publishing reference book entitled, “NOW THAT YOU'RE A MUSIC PUBLISHER A Practical Step-by-Step Guide to the Role and Responsibilities of the Christian Song Publisher.” If your church is interested in the business elements of music publishing companies and recording labels, you can find out more by calling 251-929-2411 or visit www.churchca.com/resources.htm.

If you’re establishing a new music business, I suggest you develop a mission statement, goals, objectives, and a business plan for your publishing group. For example, one major Christian music administration company created the following mission statement:

"To promote, protect and collect and disburse royalties worldwide for the copyrights that we own and/or administer."

In a nutshell, the publisher's job is "to promote, protect and collect and disburse royalties for the copyrights the publisher owns and/or controls.” TO PROMOTE means to exploit or promote the use of the song through as many means possible to extend and promote the life of the song. TO PROTECT means to legally protect the copyright of the song and the correct information regarding the song. TO COLLECT means to collect the appropriate and accurate royalty earnings in an efficient and timely manner. TO DISBURSE means to pay out royalty revenues to all parties legally due to receive royalties on the song.

There’s a lot more to say about diving into the business of publishing and recording, and I’ll continue this conversation in my next posting. I expect I’ll have some new ideas, questions and thoughts after spending time with the Florida church leadership. What do you think about the subject?

HRS (In His Royal Service)

"The Copyright Queen"

http://www.churchca.com/askthequeen.htm

Senators Orrin Hatch (R-UT) and Arlen Specter (D-PA) brandished enough political ire to elicit a favorable response on Tuesday (Feb. 19) from NFL Commissioner Roger Goodell that will now allow churches to legally host Super Bowl events.

In a letter to Sen. Hatch dated Tuesday, Goodell said that the NFL would not object to "live showings – regardless of screen size – of the Super Bowl" by religious organizations (as long as admission is not charged and the showings are on premises that the church uses on a "routine and customary" basis), according to The Washington Post.

Sen. Specter had introduced a bill (S2591) Feb. 4 proposing to amend chapter 1 of title 17, United States Code, to provide an exemption from exclusive rights in copyright for certain nonprofit organizations to display live football games, and "for other purposes."

It took only 13 months—this is “lightning speed” in the world of copyright deliberations—to render a positive solution. Here’s the stat sheet on how things unraveled. Just prior to the 2007 Super Bowl, the NFL intercepted an Indiana congregation's plans to host a Super Bowl party Feb. 4, leading many churches nationwide to abruptly drop their Super Bowl events and tackle the issue of potential copyright infringements. See the CQ Blog article on 1/25/08.

NFL officials spotted a promotion of Fall Creek Baptist Church's "Super Bowl Bash" on the church Web site the week before the big event and overnighted a letter to the pastor demanding the party be canceled. Pastor John D. Newland said his church would not break the law. The NFL did not change their position this year (2008) and warned that it would consider legal action if any church allowed a public viewing on TVs larger than 55 inches (this limitation is stated in the Copyright Law). 

While other churches ignored and defied the threat of legal action and showed the game Sunday, the NFL's warning generated a stream of fiery cyber dialogue about churches and copyright issues. As a result, many churches across the country canceled their annual Super Bowl fellowships in fear of getting flagged for copyright violations.

The restriction against churches showing the game upset some conservative leaders, including Sen. Specter, who introduced a bill following the Giants vs. Patriots game that would actually amend Section 17 of the US Copyright Law. Sen. Specter's timing is impeccable, as he met with Goodell two weeks regarding the NFL's Spygate. It will be interesting to see what will happen to S2591 since it covers not just football games, and many of my legal friends didn’t think it stood much chance of passing.

Praising the NFL's action, Sen. Hatch said, "Many families want to enjoy the Super Bowl in a group atmosphere – but obviously aren't going to take their kids to a sports bar."

Goodell said in the letter the NFL will implement the policy starting with next year's Super Bowl.

It’s encouraging to see that even a Giant like the NFL (no pun intended) can succumb to a bull’s eye hit from David’s sling shot—thanks to public pressure and political action. Not every copyright battle will result in the same kind of victories, and certain lines should be drawn in protecting intellectual properties (talk to songwriters, artists, and filmmakers), but this decision was a score on the side of justice. At least, that’s the Copyright Queen’s view from the 50-yard line.

The Copyright Queen has graciously consented to moderate this blog to facilitate streaming conversation with church worship and media leaders, copyright professionals, attorneys, Christian song publishers and other experts—anyone interested in finding copyright solutions. You may not be familiar with the royal "CQ" and her personal mission to help churches and ministries facing complex (and often frustrating) copyright compliance issues.  

Some think she is a mythical figure, others proclaim she's a former attorney who had a "road to Damascus" conversion and is now dedicated to the cause of the common worship leader, while some say she was once a song publisher. The royal CQ simply says, "I am determined to help churches and ministries solve the conundrum of copyright compliance."

The CQ: When people discover that my vocation revolves around copyrights, folks usually break eye contact, drop their heads, and slink away towards the nearest exit. No…my calling does not evoke feelings of inspiration and warm fuzzies, but I am nonetheless passionate about helping Christian organizations solve the puzzle of copyright compliance. The difficult part is that I often have to deliver answers that people don’t want to hear, and I can’t always provide really easy solutions to the copyright conundrum.

I do find, however, that conversation leads to collaboration and collective brain storming resulting in creative ways to simplify and ease the painful process of being copyright compliant. That’s my vision for this Christian Copyright blog, so I’ll ask some of my friends and colleagues (aka “the royal copyright entourage”) to contribute their ideas, experience and perspectives as we tackle many of today’s toughest challenges for churches and ministries.

I've just spent the past 10 days traveling from Nashville to New York City to Washington, D.C. It's been a whirlwind, but incredibly exciting and rewarding as I have identified and explored new ways to simplify the process of obtaining copyright clearances for churches and Christian organizations with song publishers, record labels, performance rights organizations and music ministers. 

In the weeks and months ahead, we’ll look at 1) significant briefs before the U.S. Copyright Royalty Board (http://www.digmedia.org/content/release.cfm?id=7232&content=pr), 2) various Internet copyright issues, 3) churches in the business of music, 4) work-made-for-hire policies, and 5) practical tips on being copyright compliant. We welcome your comments and solicit your input on topics and questions you’d like us to address. In the mean time, be sure to browse the archives from January and February for previous articles that may interest you.