Music Licenses Versus Purchasing Song Books—Which Is Better?

It used to be that the only alternatives to purchasing congregational song books were writing for reprint permission to each individual copyright holder or photocopying the music without permission. Although some churches still foolishly and illegally risk doing the latter, the advent and proliferation of music licensing companies and their sale of licenses to local churches have proven a popular alternative. These licenses allow churches, under certain limited conditions, to legally photocopy, project, or reproduce the melody and lyrics of some songs. But there are questions for a church to consider.

The Cost of the License

The cost of a license varies with individual licensing companies. The cost is usually based upon church membership or worship attendance. It is also based upon the type of license. Most companies will sell a one-time use license, covering one song for one event. Some will sell a longer term license for one title, even for a period of several years, thus allowing long-term use of that title. The most popular license is some kind of umbrella or blanket license covering all titles for that licensing company for a period of one year, after which the license is renewed and a new year's fee is paid by the church.

How to Obtain a License

The church must learn the cost for the various types of licenses offered by each licensing company by contacting different companies by telephone, mail, e-mail, or web site. In talking with the various licensing companies to learn the types and costs of their different licenses, the church must choose which license best fits its needs, complete a license application, and submit payment. The company will return a license to the church with a unique license number assigned, along with a packet of information explaining how to use the license properly and legally.

Renewing the License

The company will notify your church that it is time to renew some months in advance of the expiration of your license. It will tell you the cost for of the license renewal, which may increase yearly. If you allow your license to lapse, or if you choose not to renew the license, all copies produced under the license may no longer be used and must be destroyed. Legal use of the license is only for the actual time the license is in effect.

Reporting Your Use to the Licensing Company

Companies require all license holders to report back to them their use of the licenses — how many titles, how often, which ones, how many copies, and so on. Some companies require you to submit this information on the forms they provide. Some companies require you to submit a copy of the actual music as you have copied and distributed or used it. Some companies require you to report this data for a sample time period over a number of years. You may be required to record and report all use under the license for a three-month period within a three-year time span. Others require you to report every use of every title, sometimes within a certain time period of the actual use. Churches must know exactly what they are obligated to keep track of and how to report it for each license they purchase.

Keeping Your Copies Legal

Once you purchase a license, you are required to make some notation on each copy or projection screen you produce indicating that the copy is legally made under the license. This notation usually consists of a statement indicating title, composer, author, and all copyright information included on the original piece of music. In addition, you must include the word-for-word permission statement provided by the company (each company's requirement is different) that indicates that the particular piece of music is covered by that license, gives your license number, and whatever phrases the company may require. This is made more complex in the case of companies that have their own copyrights and also represent the interests of other copyright holders. The required permission and copyright clauses within one licensing company may differ according to whether the original copyright is the company's own or one ofits covered copyright holders. It is the responsibility of the church as license holder to distinguish between these two and then to include the proper required copyright and permission clauses on each copy.

What Happens If My Church Does Not Follow the Provisions of the License?

Many churches obtain a license and proceed to apply it to whatever use they wish to make of a song, never bothering to limit their use to the provisions of the license. This is both illegal and dangerous. The licenses allow use only under the specific terms of the license, and the church must remain within these. To do otherwise is to risk, at the very least, cancellation of the license by the company, but also prosecution, fines, and public embarrassment. Licensing companies and the copyright holders they represent are aggressive in their prosecution of those who break the law and fail to follow the restrictions of the licenses. If you are prosecuted, the punishments are mandatory and severe, into the tens of thousands of dollars for each offense. There is no grace allowed, no second chances, no escape with payment after the fact. As more churches acquire licenses, look for enforcement to become even more aggressive. The biggest mistake churches make is purchasing a license and then using it for any piece of music they wish to use. Churches must be sure the song they use is covered by the license they havee purchased. For instance, the CCLI license does not cover any music published by GIA or any music covered by the GIA license (Taize, Iona, Dameans, Grail). It is the responsibility of the church to research each title before use.

Other Points to Consider and Clarify with the Licensing Company

Most licenses DO NOT allow the following:

1. Using the copies outside the church building.
2. Selling copies.
3. Loaning copies to other churches or groups.
4. Recording of tapes or CDs for resale.
5. Recording (video or audio) of accompaniment tapes or CDs, even when used to support congregational singing.
6. Copying of accompaniments: piano, organ, guitar, praise band arrangements.
7. Copying of instrumental music of any kind (descants, accompaniment, arrangements, handbells, piano, organ).
8. Copying of choir music of any kind (octavos, anthems, cantatas, oratorios, musicals, etc.).
9. Copying of vocal harmony that goes along with the melody line.
10. Choral descants (from hymnals, collections, anthems, musicals).
11. Translating texts (to or from English).
12. Arranging of accompaniments.
13. Arranging of vocal arrangements when one is already available.

There are other items not covered, but the individual licensing companies must be consulted to determine what their licenses cover and exclude.

Churches should be aware that licensing companies make great claims concerning how many copyright holders their license covers, often printing page after page of them. CCLI is the largest company; but even with the CCLI license in hand, a church still cannot copy more songs than the license allows. More music is not covered by the licenses than music that is covered. Even with the three most popular music licenses, for instance, a church can copy less than half the contents of The Faith We Sing, the song collection recently released by Abingdon Press.

Music licensing is a welcome addition to ways the church can sing its songs, but churches must be careful that they understand the questions of who, how, when, where, how much, how many, and so on. None of these questions needs to be considered if the church is singing from song books it has purchased. Consider factors of time, process, energy, and cost when deciding between purchasing song books or acquiring licenses.

Here is contact information for the major music licensing companies:

GIA Publications, Inc.
7404 South Mason Avenue
Chicago IL 60638
800-442-1358
www.giamusic.com

LicenSing
Logos Productions, Inc.
6160 Carmen Ave East
Inver Grove Heights MN 55076-4422
800-328-0200
www.joinhands.com

CCLI
17201 NE Sacramento
Portland OR 97230
800-234-2446
www.ccli.com