What are the legal issues related to recording worship services and music for shut-ins?

In wrestling with the question of how many worship services in our church might need coverage by a group copyright service like CCLI, we wondered about the question of "in house" recordings of worship services. Is it all recording of music that must be paid for (even if it is just a recording for shut-ins of a service including copyrighted anthems/hymns), or is it commercial distribution or reproduction of taped services that's prohibited?

Response:

Yes, ALL recording of music in worship is protected by the USA copyright laws. You must obtain permission or a license from the copyright owner prior to doing it, even for distribution to shut-ins, with or without charging a fee for the tapes. This would be covered by one of two ways: (1) asking permission of the copyright holder; (2) obtaining a mechanical license from the Harry Fox Agency.

However, having said that… which is the current law's provisions … I can also tell you that under certain very limited and specific conditions, one or more music license companies (CCLI, LicenSing, OneLicense.net) MAY… and I emphasize, MAY… allow you to record and distribute SOME music in your services to shut-ins. The problems here are that:

• the conditions are so specific and limited,
• the conditions vary between the licenses and publishers,
• the licenses NEVER cover anything but their own member publishers and composers, and
• you ALWAYS have to check that license coverage.

Because of the intricacies of these licensing provisions and their variations and because of the great consequences of applying them illegally, I am not allowed to offer you any counsel or advice about this. I must refer you to the individual licensing companies. They will be glad to discuss with you what their license will do for you in your own situation.