What Is CCLI And The Basic Church Copyright License…
This is the first of a five-part series on CCLI to be followed by articles about the licensing agency CCS. As a House of Worship, you must understand which licenses your church has or needs. Otherwise, your ignorance could lead to violations of copyright law that could embarrass and/or cost your church in bad publicity and fines.
CCLI is headquartered in Portland, Oregon, with approximately ninety employees, and has offices in the United Kingdom, South Africa, Brazil, and Australia.
CCLI helps churches avoid copyright infringement, while appropriately paying the publishers royalties from the various licenses they provide to churches. CCLI offers several different licenses depending upon the needs of churches or houses of worship. The Church Copyright License, CCLI’s foundational license, covers the copying activities that assist with congregational singing, including:
-Song lyrics entered and stored in a computer for projection/display
-Song sheets and bulletin inserts
-Custom songbooks
-Song arrangements where no published version is available
-Audio/video recordings of the song service
Although they are not the only company to provide this kind of license, they are by far the largest. I contacted Mr. Paul Herman, Marketing Manager of CCLI.
So how do you know if a license agency is legitimate?
Paul stated, “CCLI is able to offer churches a very comprehensive license because we represent over 3,000 publishers. (It’s the publishers who own the musical libraries of many artists and songwriters.) But you should always check with the company representing you to be certain your licensing is covering the songwriters, publishers and music you’re playing and displaying in your worship services.”
Since CCLI does not have agreements with every songwriter, is a church completely covered with a CCLI License?
“CCLI covers the vast majority of the songs sung in churches today, but it’s always a good idea to make sure the particular songs you copy are covered. CCLI has a database located on its website so you can verify that a song you want to use is listed with CCLI. The most accurate way is to search by publisher, song owner or catalog, rather than by the song title. If the song is new and not yet listed in our database, it’s still covered if the song’s publisher is one we represent.”
The lack of adherence to copyright law throughout the US and abroad has become a serious problem over the years; I call it “The YouTube Syndrome.” I derive this phrase from the fact that a great majority of YouTube users seriously violate International Copyright law. Paul, what do you see from the church music side?
“YouTube provides an interesting mix of videos. Some are posted legitimately by the rightful song owner and video owner. But many are clearly a bootleg of a live performance or a person’s home movies or photo slide show with a recognized, copyrighted song as the soundtrack, and it’s very unlikely that everyone who has created this kind of video secured the proper permission to use the song. It now seems to be a cultural norm, starting with Napster and now exploding with YouTube. It’s just as big an issue for Christian music as it is for secular music.”
So what about secular music? Suppose a worship band wants to perform “Living on a Prayer” by Bon Jovi?
“Let me draw a couple distinctions. First, if the church wanted to project or print out the lyrics to ‘Living On A Prayer,’ that would not be covered by CCLI, because we don’t represent the publisher of that song. Second, if the band just wanted to perform the song, that would also be outside the scope of CCLI, since we don’t deal with performance rights per se.
“But irrespective of CCLI, what are the copyright issues involved? According to copyright law performance is an exclusive right of the copyright owner. And the performance rights societies (ASCAP, BMI, SESAC, etc.) provide performance licenses. But there is also a Religious Services Exemption written into the U.S. Copyright Law, which allows performances of songs ‘of a religious nature…in the course of services at a place of worship.’
“The question would be…is ‘Living on a Prayer’ a ‘song of a religious nature’? How about any number of songs from U2? It’s an interesting debate, but the safe route for a church would be… If they want to perform what most people would consider secular songs, an ASCAP/BMI/SESCAC license would be a very good idea.”
I am familiar with BMI and ASCAP showing up at commercial facilities like restaurants and bars, threatening fines, and usually settling for a license purchase. According to copyright law, failure to comply can result in fines up to $150,000 per incident. However, I’ve never heard of any cases where churches or houses of worship have been fined. Have you heard of actual cases of fines imposed?
“Interestingly enough, that is exactly how CCLI got started. Back in the mid-80s, the Archdiocese of Chicago was sued by a church music publisher for copyright infringement for photocopying choral music, and it made national news. Our Founder/CEO at CCLI, Howard Rachinski, was the worship leader at a prominent church in Portland at the time. That incident became the catalyst for Howard’s ‘Blanket License Coverage’ concept. In recent years, I think CCLI has been able to mitigate against potential lawsuits because of the success of our licensing, and because most churches just want to do the right thing.”
Does CCLI police churches for license compliance?
“No, absolutely not,” stated Paul. “CCLI is here to serve the church and be a friend to the church. Rather than being the copyright police, we want to help the churches understand that there are real copyright issues that pertain to their congregational worship, but there is also a common sense, cost-effective solution.”
Here is Your Link To Part II of this Series… Are You Practicing Legally…The Church CCLI Rehearsal License? Part II
Hi
Please, can you assist? If a church would like to make use of the Youtube videos with lyrics for their worship time, must the church obtain a license for that?
Here’s a good answer to your question from this article. Basically, it can only be shown if church is streaming it directly from YouTube and if the YouTube video itself was uploaded by the copyright owner and made available to the public through YouTube. If a fan of Chris Tomlin made their own video of one of his songs, in other words, that wouldn’t be a good choice. You’d want to go directly to Chris Tomlin’s YouTube channel and see if he has made the song available as a lyric video. And then it can be used if you stream it live from YouTube during the service. At least, that’s my interpretation of what this article said with a modification of my own. I disagree with the point that the church isn’t responsible for the legality of the content. Recent legal cases have shown that even the people who willingly chose to listen to illegally uploaded content on YouTube were liable and at risk for prosecution.
Below is the source I used for my answer above. If anyone sees inaccuracies in my interpretation please correct me, but this is my understanding of using YouTube worship videos in church.
“YouTube Videos During Church Service
“The license does not cover materials that have been copied from another source or recorded from television. What this means in regards to video websites like YouTube, is that a YouTube video can be played in church as long as it is being streamed from the YouTube website or embedded someplace else online. A YouTube video cannot be copied to a DVD or distributed because that video belongs to the person who uploaded it and to YouTube (“Terms of Service – YouTube”). Whether the content of the YouTube video itself is legal, is the responsibility of the person who uploaded the video…”
[I would also add, from recent news I’ve seen, that the people streaming the video should do their best to determine if the source has the rights to broadcast it on YouTube. In other words, don’t stream worship videos that haven’t been made available on YouTube by the songwriter or worship band who does the song and owns the copyright.]
“It was briefly stated earlier that a special license must be purchased to broadcast the performance of copyrighted music online. This applies to video-recorded performances as well. “Live streaming or podcasting over the internet is recognized as a ‘broadcast performance’ and by its nature, goes outside the confines of a church building. So the religious services performance exemption written into the U.S. Copyright Law would not apply” (“The Need”). A church that accidently puts part of a song in a podcast of their pastor’s message or forgets that they have music playing in the background of the message will be in danger of copyright infringement if they don’t have a license to broadcast online. Should the church decide to acquire a license and begin broadcasting their worship online, it’s important that they only broadcast songs that are covered under their license. Extra caution should be taken to make sure old songs and hymns that the church may have sung for years are either public domain or covered under CCLI. Because it’s lawful for churches to perform any music due to the religious performance exemption, remembering to check and see if the music they are so used to performing is licensed for broadcast over the web can sometimes be forgotten.”
I am doing a series of message on worship and songs. I came across amazing Hymn sung by Harry Seacomb “Now Thank We all our God.”
The song is written by Martian Rinkart “Now Thank We all Our God.” Who lived between 1586-1649. This song is on you tube I like to share with church due to amazing testimony of Martain who spent 32 years ministering to the suffering people in the village, and eventually lost his own family members due to devasting plague nearly wiped out village in 1637.
How do I get permission to show this you tube song sung by Harry Seacomb. No information is given.
Our church do have CCLI .
Winfield Bible Chapel
Winfield Md
Joe,
If you search the CCLI database, “Now Thank We All Our God” is listed as covered by CCLI, so if you have CCLI then you can use it. And actually, that particular song is in the public domain, so it’s fair use. So there should not be any issues with you playing that song in your church using YouTube.