Wading into the Waters – Answers to your copyright questions

Do copyright questions make your head spin? Here are some answers to frequent questions, prepared by Convenors Bruce Harding (BC) and Brenda McLay (Manitou). Updated July 2020 with more information gathered by Kevin Parks, St. Andrew’s United Church, Halifax, NS.

? My copyright license costs have changed … why?

For the past decade or so, we have had three copyright licenses available to us for congregational song: One License, LicenSing and CCLI. In January 2017, One License merged with LicenSing, so now there are two options, One License (www.onelicense.net) and CCLI (www.ca.ccli.com). The upside of the merger is that you now have access to a much larger catalogue of music through One License. For churches that were already paying for LicenSing and One License licenses, you will see a cost saving with the merger, but if you only had one of these two licenses in the past, then your costs have increased. The annual subscription fee depends on the size of your congregation.

? What does my copyright license cover?

Your copyright license covers the reproduction of print music for all copyright holders registered with the licensing service. Your license gives you the right to reproduce song/hymn lyrics in your bulletin, to project lyrics on screen, and to make copies of music for your singers/instrumentalists. If you do not renew your copyright license, all music and lyric copies, digital and on paper, must be destroyed.

• NOTE: One License and CCLI only cover the reproduction of print music and lyrics, they do not cover the performance rights for music.

• NOTE: Published anthem octavos and organ/piano music etc. are not covered by OneLicense or CCLI – only congregational hymns and songs listed on the service are covered.

? Aside from paying my annual license fee, what are my responsibilities?

Paying your annual license fee is just the beginning! License holders are required to report use of music in your congregation (NOTE: copyright holders do not get paid unless you report use of their music). One License requires reporting of all music used every week, whereas CCLI only requires reporting of all music used during a six-month reporting period every 2.5 years. The United Church of Canada produced lists of which songs are covered by which license a number of years ago, for Voices United and for More Voices. The lists are out of date (LicenSing and OneLicense are now merged, for example) but many people still find them a useful place to start for reporting purposes.

? Do we need permission to sing or play music in worship?

For the purpose of worship, the performance of music, both live and pre-recorded, is copyright-exempt in Canada. See the Canadian Copyright Act Section 32.2 (3). 

? Do we have to pay copyright to use secular music in worship?

No, again, Canadian churches are exempt from paying copyright for the performance of music in worship.

? Do we need permission to sing or play music for other church activities outside of worship?

Outside of worship, e.g. for music used in concerts, dinners, coffee houses, conferences, etc., permission is required from the copyright holder. SOCAN, our Canadian performing rights organization, offers annual licenses which cover performance of music for non-worship purposes – see www.socan.com/what-socan-does/licensing for further information.

? What copyright permission is required to podcast or live stream worship services?

The exemption for the performance of music for the purpose of worship also includes recording (for distribution to shut-ins etc.) or live streaming of worship services. See the Canadian Copyright Act Section 32.2 (3). However, to help support the creators of congregational song, we would encourage congregations to get a podcasting/streaming license from www.onelicense.net and/or www.ccli.com, and record use of songs covered under your license so royalties flow through to the copyright holder. This is not a legal requirement, but it is a helpful way to ensure we continue to have new songs to sing.

? What copyright permission is required to post videos of anthems and other music on YouTube?

SOCAN, our Canadian performing rights organization, does not collect royalties for music posted to YouTube, Facebook, or other social media platforms, but the platforms themselves may have content restrictions which could result in blocked or removed content if a video you post gets flagged for copyright infringement. It is the responsibility of the social media account holder to communicate with the company and negotiate settlement if your video gets flagged (to prove that you have permission from the copyright holder to post, or to prove that the content is public domain and therefore shouldn’t be flagged).

? What if I have further questions regarding copyright in my congregation?

We at Music United, your music organization, are always happy to help with copyright questions and any other issues regarding music in United Church congregations. Visit us at www.musicunited.ca, or email info@musicunited.ca with your questions!

Lyricists and composers greatly appreciate and depend upon the support shown by congregations who have purchased a copyright license and report use of music.

The United Church of Canada produced a document in 2014 devoted to copyright questions regarding music, film, video, and other artistic works, which can be downloaded here. Very helpful information!