do Christmas carolers infringe copyright?

From: Timothy Phillips <hrothgar[_at_]telepath.com>
Date: Wed, 20 Sep 2000 19:44:53 -0500


Some well-known Christmas music is in the public domain, but not all of it. If a church choir sings "I wonder as I wander" by John Jacob Niles (1892-1980) in church, it is within its rights in the U.S. under 17 U.S.C 110(3). (I don't know about the U.K.) But if the choir goes caroling, this provision would no longer seem to apply. On its face, caroling looks to me to be a public performance. If the carolers recieve cookies and cocoa, it begins to look like a performance for profit.

Has a church ever been billed for a license when its choir sang copyrighted music when caroling ? Has a shopping mall ever been billed for a license if it allowed strolling carolers to perform unlicensed copyrighted Christmas music within its space ?

Tim Phillips
<hrothgar[_at_]telepath.com> Received on Thu Sep 21 2000 - 00:51:01 GMT

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