On Sun, 20 Apr 1997, Ray Jackson <rein0035[_at_]frank.mtsu.edu> wrote:
>
> I am the sound engineer for the contemporary worship service at my
> church. The leaders of the service would like to play music off of
> cd for the pre-service music as well as the post-service music.
> Each musical selection would complement the service in some way
> reinforcing the theme of the service and sermon. The music would
> be from contemporary artist and include current releases as well
> as older selections. I would appreciate anybody's thoughts on
> whether or not this could be classified as a copyright exemption.
DISCLAIMER: This is not legal advice because I am not professionally licensed to offer such advice.
That being said, my understanding is that the performance you describe is exempted in 17 U.S.C. section 110(3), which I have quoted in relevant part:
[Notwithstanding the normal rules, the following is not an infringement:]
"performance of a nondramatic . . . musical work . . . in the course of services at a place of worship or other religious assembly."
Even though the music you are playing is non-religious in nature, I think any controversy as to "religious nature" is with respect only to dramtico-musical works, not with respect to purely musical works. In that context, you might want to make sure that you don't play excerpts from dramatical musical works in such a way as to lead someone to the conclusion that it was a dramatic performance. Doesn't sound as if there's too much danger in that.
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