What is copyright?
Copyright is an exclusive intellectual property right given to the creators of original musical, literary, and dramatic works. Copyright law protects the owner(s) against any unauthorized use or change to their work.
While copyright laws vary in different countries, generally it is defined by two primary rights: economic and moral.
The economic right allows the creator to charge anyone who wishes to copy, perform, record, or reproduce their work for any commercial or non-commercial use.
The moral right allows the creator to protect their work from any change which might be considered offensive or not in keeping with their wishes.
Copyright Q&A
Churches, schools, and organizations increasingly use creative works in their activities. Advances in technology have made it possible to source and utilize a vast range of content, but understanding copyright can be a challenge. A seemingly honest error or omission could be both embarrassing and costly.
CCLI doesn’t write or enforce copyright law. We’re here to make it easier to honor the law and the creative people who author these valuable works. We’ll help you legally source and license the content you need while ensuring owners are fairly compensated when their works are used.
In many countries copyright is automatic, meaning that once a work is put into a tangible form, its creator owns the copyright and it is protected by copyright law.
Copyright law generally provides six exclusive rights to copyright owners: (1) reproduction, (2) adaptation, (3) distribution, (4) performance, (5) display, and (6) digital sound recording. These rights protect owners in two ways. The first is economic, giving the owner the right to charge any person who wishes to copy, perform or record their work for any commercial or non-commercial use. The second is moral, protecting the work from any use or arrangement that is contrary to the wishes of the copyright owner(s).
It is not necessary to register a work with any kind of authority in order for it to be protected. However, if you have created something unique and of value, you may wish to take steps to prove your ownership, to ensure that your work is used only as you intend, and that you are compensated when it is.
At the very least, it is advisable to include copyright information with your work. Marking it with the © symbol, the year it was created, and the name of the copyright owner will help others to know whether they are free to use it, or who to contact for permission.
Should your work become popular, you may wish to register it with a publisher or legal entity, which would help you to prove your ownership from a particular date.
If you are an artist, author, or composer and you’re not sure how to protect your work, getting professional advice will be a wise investment to safeguard what you have worked so hard to create.
Public domain is the term that describes a work for which all intellectual property rights have expired. When a work becomes public domain, it belongs to and is freely available for use by the public.
When do copyrighted works become public domain?
It depends on the type of work and the laws of a specific country. The expiration term applies to the last surviving author of a work and may be different for compositions, sound recordings, publications, films, broadcasts, and even software. The time defined for works to enter the public domain can vary greatly by country.
Generally, separate protections will exist in a composition and a sound recording of it. This means a recording may still be in copyright even if the composition is public domain. Similarly, a separate right usually exists in the typesetting of a page, meaning a publication may still be in copyright even when a work included in it is not.
What can you do with works in the public domain?
Once a creative work enters the public domain, it may be freely adapted, arranged, and translated, and new copyrights may even be claimed.
The concept of fair use is one that is shared in multiple countries, though sometimes it may be referred to as 'fair dealing'.
Who and what is covered under fair use?
Fair use typically allows the limited use or reproduction of certain works without permission from the copyright owner. It only applies in certain circumstances, and there may be no strict definition of what and when. The concept is generally intended to permit students and researchers to make copies of short extracts from a copyrighted work for non-commercial research or private study, criticism or review, or to report on current events. For each use, sufficient attribution must be cited.
Does fair use apply to churches or ministry organizations?
The use of copyright materials in church activities would not generally be covered under fair use. CCLI always recommends that you check the laws applicable in your country for clarification, and contact the copyright owner(s) if in doubt.
The internet and digital technology have enabled easy access to creative works. As a result, the rules relating to the legal distribution of digital files and how those files may be used and stored is increasingly complex.
File sharing
Churches, schools, and organizations increasingly use the internet to access and share digital content, be it music, images, or video. However, under the law, the distribution of files by anyone except the copyright owner or authorized reseller is prohibited without the cover of a license or direct permission. This includes, but is not limited to, email, websites, or digital storage devices.
Format shifting
With the surge in personal ownership of digital media (music, videos, ebooks, etc.), it may be convenient to copy lawfully purchased media from one format to another, e.g. from a computer to a CD. This is known as format shifting.
In most countries, format shifting for personal use is not permitted by law. While some exceptions may exist for libraries, museums, and educational establishments for the archiving or preservation of certain works, these exceptions do not extend to individuals or churches. CCLI always recommends that you check the laws applicable in your country for clarification.