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Friday, December 26, 2008
There's a Hushed Sigh of Relief Echoing from Worship Leaders
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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.
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Saturday, December 13, 2008
Dennis Jernigan's View on Burning Copies of CDs
I am always blessed when people tell me how my music has affected their lives in some way. One of my favorite things to do is to stand near the front of the concert hall after a Night of Praise and Ministry and hear the stories of people whom God has touched, and to hear their testimonies of healing, deliverance and encouragement.
But one of my least favorite things to hear – and sadly I hear it a lot – is: “I hope you don’t mind, but I made copies of your CD and passed them along to hurting people.”
I hope you understand how hurtful and harmful that is for me and my family. If I can even stammer a reply to these people offering insights into how making unauthorized copies of my CDs affects my ability to provide for my family, the retort is too often, “God gave you the music freely. You should be willing to give it away freely.”
The fact is, we give away large amounts of free music every year already – CDs, MP3 downloads, concerts, TV appearances, YouTube videos, radio airplay, internet radio airplay, web-site streaming, CDs bundled together for significant sale pricing, etc., etc. There is no real need for consumers to be burning copies of CDs with so much authorized free music already available.
It’s disheartening to hear the argument so many people make to rationalize (and you know what Ed Young, Jr. says of the word “rationalize” - we tell ourselves rational lies) their thievery. Their “rational lies” are wrong on four very fundamental levels:
* Only the rights holder has the legal authority to make copies and distribute CDs, or to authorize others do so (whether freely or for a cost). So, anyone who makes unauthorized copies is breaking federal piracy laws. You have read stories over the past few years of how the courts are cracking down on this illegal copying and sharing of copyrighted material. Very simply: you don’t own the rights, then you don’t have the authority to decide whether something should or can be copied and shared without permission or compensation to the rights holder(s). To do otherwise is stealing...period.
* Piracy in the United States alone is costing billions of dollars that rightfully belong to artists, writers, producers, record companies, publishers, retailers, etc. Most consumers don’t realize that there is so very little profit margin in a CD – after you factor in recording costs, art costs, manufacturing, royalties to producers and other publishers/writers, distribution fees, etc., etc. When you see a CD in a store or buy downloads from iTunes, only about 15%-35% of the selling price actually makes it to the rights holders, depending on their contracts and where the CD is sold, and then those rights holders still must pay for their own business operating overhead (salaries, office expense, insurance, etc.) BEFORE they get to account for their own living expenses and those of their families. This means, that stealing music – even in the name of ministry – is not only against God’s commandments, but it literally takes money (and groceries, gas, heat, etc.) out of the artists own family. You may not think that your few (or several?) times a year that you make copies of CDs and give them really hurts anyone, just multiply that by the thousands, or tens of thousands, of others doing the same thing.
* Whether to give the music away for free is the province of my relationship with God. Using the argument, “God gave you music freely. You should be willing to give it away freely,” no one but God and me should decide if and when to do that, to be quite frank. You can urge me to do so, but the decision – the God-given right – is mine as the creator (through the inspiration and gifting of our Lord) of the music.
* King David once wanted to buy a piece of land in order to give the Lord a burnt offering. The land owner wanted to simply give the king his land, but David responded, "No, but I will surely buy {it} from you for a price, for I will not offer burnt offerings to the LORD my God which cost me nothing." So David bought the threshing floor and the oxen for fifty shekels of silver. (1 Chronicles 21:23-25; 2 Samuel 24:23-25). When you burn a copy of CD you purchased or were given, you’re not giving away anything that may have cost you something; you’re giving away what cost me (and other artists) a tremendous amount in blood, sweat, tears, exhaustion, relationship, money. The proper thing to do would be for you to give away your copy as a ministry gift and then purchase another CD for yourself. Or, if you feel that certain CDs or artists have an impacting music ministry, purchase several copies of CDs and give those away. In the end, you are to offer what costs you something...not someone else.
While my heart is to give, reality is that I have spent literally 30+ years of blood, sweat, and tears to receive the music. I toil for hours over a song…and then in order to make it available to others I spend between $30K and $80K just to get it in a recorded form. I have no big label to do that for me. I am an independent artist who pays for everything himself either through cash flow, pouring net profits back into the ministry, or securing other financing somewhere.
What I am trying to say is this: Each time a CD or individual song is copied and given away my ability to provide for my family is greatly affected. I depend on the sale of that music to earn a living and to keep my family fed, clothed, in a house, insured, etc.
My heart is to give. I’ve given away more than anyone needs to know. What I would ask you to do is to purchase my music legally and then give it away. If you sincerely cannot afford something then tell us and make an appeal we’ll figure something out with you.
When you purchase one of my songs or one of my CDs you are literally helping me spread the Good News of freedom and hope in Christ while helping me provide for my family. When you make copies you lessen my ability to do either. But even more so, since you don’t have the rights, it’s literally stealing, it’s against God’s laws.
I would never come into your place of business and buy one item then take 20 more without paying to give away to hurting people. I hope you can understand my position.
Blessings,
Dennis Jernigan
Known for such worship songs as 'You Are My All in All' and 'Thank You' (as recorded by Darlene Zschech), Dennis Jernigan actively gives away his music and ministry as the need arises. A portion of the proceeds from a couple of his recordings goes to ministries such as CareNet (crisis pregnancy support) and The Wounded Warrior Project (ministry to families of wounded American soldiers). Dennis serves on the Board of Directors for Exodus International, the world's largest ministry to homosexuals. He and his wife, Melinda, have been married for 25 years and have raised 9 children (No, they are not Mormon or Catholic and yes, they know what causes that). His story can be read in the WaterBrook Press book, "Giant Killers" and his other written works and music can be found at Dennisjernigan.com or PraiseCharts.com as well as iTunes.
His latest worship recording, KINGDOM COME, will be in Christian bookstores beginning March 10, 2009.
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