Home Worship Planning Music Resources New Music Copyright Developments for Churches

New Music Copyright Developments for Churches

The music industry has sought to stem the tide of digital music sharing in well-publicized lawsuits against individuals found to have illegally downloaded copyrighted music to their computers or disks and against software companies and websites that have promoted this activity. Such illegal activity has resulted in the loss of hundreds of millions of dollars in income to recording companies, licensing agencies, publishers, artists, and composers. Despite the industry's more than 20,000 lawsuits to date, some well-documented legal victories, fines being levied against and paid by individuals and companies, and new lawsuits being filed monthly, losses to the industry continue to grow.

In a new attempt to stop illegal copying -- which may have an impact on churches -- the music industry is now making a stronger claim of copyright protection not previously claimed. Its new hard-line claim is, "If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages." This signals the industry's attempt to prosecute users who legally purchase a CD and then simply copy that music to his or her own computer or disk -- not to give away to a friend or to sell -- but for private use. (See news of the Recording Industry Association of America's legal activities on its website, www.RIAA.com.)

According to briefs filed in federal courts in December 2007, the MP3 files made on a computer from legally purchased CDs are "unauthorized copies" of copyrighted recordings. The industry is now claiming that it is no longer required that such files be physically distributed in order to be a violation, that it is the act of copying the copyrighted music that is a violation. The claim now is that simple duplication, storage, back-up, or copying for any purpose is illegal.

The new legal claims are not without their detractors. One lawyer representing six clients previously sued by the music industry claims, "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright." Others observe that there has been no violation in the law in the use of VCRs and other digital devices that make personal copies of copyrighted music and movies.

The law, however, seems to be moving toward favoring the music industry's claim. In October 2007, the first industry lawsuit before a federal jury resulted in a Minnesota man being ordered to pay $220,000 for his personal copying. A current case is still pending (December 2007) in Scottsdale, Arizona, against an individual who legally purchased and then stored 2,000 music recordings on his personal computer.

If the courts continue to uphold the new music industry claim, the implication for churches is clear: it is illegal to legally purchase copyrighted music or movies, to copy and store that music or movie, even a clip, on your own computer or disk, and then use the copy in worship. Churches that want to replay copyrighted CDs or videos in worship can legally do so only by using the original purchased copy. Churches wishing to make copies or store music, movies, or clips on a computer or disk can legally do so only with the permission of the copyright owner. Music licenses ( CCLI, LicenSing, OneLicense.net) do not cover this use. Churches that have purchased a video license (CVLI) should consult their license provisions or contact CVLI for advice. Music directors and praise team leaders who purchase a CD and make copies for their musicians without permission are doing so illegally.

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