We’ve just completed a busy schedule of summer worship and ministry conferences, and we heard a very common cry for help in all of our sessions: “There are so many myths floating around about copyrights, could you please bring some light and uncover the truth behind some of the most common legends?”
Myths often spread when there are misunderstandings, so this week we’ll begin publishing a new feature called “MythSolvers” here at CopyrightCommunity. This is designed to be interactive and we encourage you to submit common myths that you have heard, as well as any questions or comments. Remember that information contained in CopyrightCommunity material is for informational purposes only, and is not legal advice or a substitute for legal counsel.
Let’s get started with one of the most common myths we’ve heard among church leaders:
Myth: If we’re not selling the CDs or DVDs we make, we don’t have to get a license for recording songs. We’re not making money on what we’re doing.
False. Whether you are selling or making a commercial profit does not affect your legal obligation to obtain permission from the song copyright owner. The right to reproduce the original copyright, in this case in the form of making copies of CDs and DVDs, is the exclusive right of the copyright owner and requires permission. The copyright owner may consider granting gratis permission in some cases, but they will usually issue a license for the right to reproduce the song and charge some type of royalty fee (the current rate for CDs is $.091 per song per unit for 5:00 minutes or under recording time). A statutory compulsory license can also be obtained through the US Copyright Office for a song that has been recorded at least once prior to your reproduction of it.