Copyright It's So Unfair!

It's also not a matter of our ignorance of the law. Although we may not know the intricacies of the law, we all generally know its purpose and intent sufficiently to know when we are breaking it, or at least to be aware of the possibility of our infractions. And if there are those among us who claim total ignorance in such matters, I believe them to be negligent in doing their jobs to the fullest benefit of their employers. In this time when information is so freely available — books, pamphlets, websites, listservs, agencies, workshops, telephone, and e-mail — there is no longer any excuse for ignorance of the law. The law now recognizes this by imposing mandatory sentences with no leniency for excuses. And in this time of heightened enforcement of the law by government and heightened prosecution of offenders by publishers, copyright holders, and administrators, those who continue to act illegally or claim ignorance bring great risk to their employers and shame to themselves.

So why do we continue to do it? Why are we still debating and complaining about the law in the church? Here are some reasons:

• We've forgotten the purpose of copyright. Copyright exists solely for the purpose of allowing the creator (or administrator of the rights) to control the use of the work and protect his or her income derived from it. Copyright does not exist to assist church musicians and ministers in their work. The thought is that in guaranteeing these rights, the government encourages the continued artistic development of the culture to the benefit of all its citizens. Public domain is the highest evolutionary plane for any artistic creation; but until a work is fully evolved, it is protected by copyright.
  
• It's so easy for us to break the law. There are copy machines, computers, projectors, high-speed duplicators, inexpensive sound duplication, video recorders, IPODs, file sharing, the Internet at blazing speed and wireless access, and thousands of companies selling these products to us and encouraging our legal and illegal use. All of this is now in OUR control. We no longer have to go to experts to do this work for us. We do this work whenever and wherever we choose.
  
• The work that we do is sacred and holy. God has called us, and the church has employed us to do it. This is ministry, not just a job. We are reaching out to the world to make disciples of Jesus Christ for the transformation of that world. The government shouldn't be getting in the way of that with inconvenient copyright laws.
  
• We are so overwhelmed by all the details of our work that we just don't have time to do everything in accordance with the law. It's simply impossible to plan far enough ahead to clear copyrights, make legal purchases, and keep our churches and ourselves legal.
  
• The law is detailed, complex, and confusing; and my church won't pay someone to work with copyright and permissions issues.
  
• I'm only one person, my church is only one small and insignificant church, we're located out in the middle of nowhere or in the middle of the urban jungle. We're not on anyone's copyright radar screen, and no one will ever bother to find out whether we're legal or not.
  
• Our budget won't support the paying of royalties, permissions, and licensing fees to keep us legal.
  
• We're doing the Lord's work here, not Caesar's.

Do any of these sound familiar? I expect most of us can hear ourselves saying one or more of them. The reality is, however, that none of these will hold up as reasons for ignoring the copyright laws — not one of them.

Our work is important and beneficial. It is ordained and commissioned by God. And copyright is so complicated, so restrictive of that work, and so difficult to always follow. COPYRIGHT JUST SEEMS SO UNFAIR.

Many of the questions I receive by e-mail or in workshops are not so much questions or requests for copyright information as they are well-constructed arguments to justify a particular situation or practice that is really unlawful. The conditions and details are laid out in such a manner that a response that the practice is illegal will seem so unjust and illogical. We practicing church musicians really want the law to benefit us and our congregations, but that's not its purpose. We want the law to be worded and implemented to make our lives easier. We simply don't want to hear or be bound by a law that is designed to control our activities for the benefit of the copyright holder, which is what the copyright laws are designed to do.

If you are working within the copyright laws in your church, congratulations. I believe God will honor and prosper your faithfulness. Well done, thou good and faithful servant. If you are not, or if you have a feeling that you are not, or if you choose to remain ignorant of the law, you and your congregation are at great legal and financial peril; and you may be laboring under a cloud of self-imposed guilt that never goes away. You need to inform yourself and your people, find the time and means to do your ministry in the Lord's name legally, and be firm in your resolve to continue to do so.

See related resources on copyright and licensing.