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"