Re: Playing a tape or CD in worship service?

    Read section 110(3) of 17 United States Code, which exempts the "performance of a nondramtic literary or musical work . . . in the course of services at a place of worship or other religious assembly." For church services, no permission is necessary for performing (playing) a protected work. Making copies is a different matter.

    Paul Heald

Judith Higbee wrote:

> Hello,
> I would welcome any advice you could offer me. As Director of Music at
> a large church, I am the one most involved with copyright regulations. (My
> stance is generally, please don't shoot the messenger.) I am aware of the
> battle between the Restaurant Association and ASCAP re: fees for having the
> radio or TV broadcasting in their establishments or playing "background
> music." How does this affect nonprofit organizations such as churches? Our
> church wants to play CDs for certain worship services or to accompany dance
> ensembles. It is my understanding that this requires permission from both
> the composer (or copyright holder) as well as the performers. For example,
> we couldn't just pop a CD of Yo-Yo Ma playing music by John Williams into a
> boombox for people to mediate to, or dance to, without the permission of
> both Ma and Williams. A Music Therapist friend says they do that sort of
> thing all the time even in group settings without giving it a thought.
> Can someone please help me?
> Thanks,
> Judith Higbee
> AJ.Higbee[_at_]worldnet.att.net

--

Paul J. Heald
Allen Post Professor of Law
University of Georgia
School of Law
Athens, Georgia 30602
706-542-7989

heald[_at_]arches.uga.edu

http://www.lawsch.uga.edu/faculty/pheald.html