Copyright issues
‘Am I allowed to use this material?’
Copyright is a complicated area, as many churches will have found as they negotiate their way through provision of online worship, and this short guide does not attempt to provide a comprehensive guide where all your questions will be answered. Some copyright matters are so complex that they require the input of intellectual property lawyers. Fortunately, the queries you are likely to have over copyright should not fall into that category.
Instead of providing the answer to specific copyright queries, the intention here is to guide readers to places where those answers might be found.
Online worship
Those churches wishing to include music, hymns or songs as part of their online worship should make themselves aware of copyright restrictions.
Churches should not assume that easy public availability (e.g. online), or the existence or creation of a local recording of a piece of music, means that there is no copyright issue.
It should also be kept in mind that a piece of music could have multiple forms of copyright restriction – melody, arrangement, lyrics for example. In addition, the performances of musicians in recorded music may be copyrighted, even if the hymn melody and lyrics are public domain. One or more streaming licences may also be required. Again, avoid assuming that holding a single licence will cover the use of all pieces of music. Check if the licence includes the material you wish to use, and the circumstances in which you want to use it.
Ascertaining copyright can be a complicated and time-consuming process, as can be the securing of permissions to use a particular piece. Often the licensor will require a fee to be paid to cover the composer/artist’s income. CLAS (Churches’ Legislation Advisory Service) has produced helpful guidance on copyright and the live streaming of services, which can be accessed here on pages 5 and 6.
Worship Materials
Some worship materials, prayers, reflections etc may also have copyright restrictions. In many cases the curators of these resources have given blanket permission to use these materials in the context of a worship service, however it is important to always check, especially when material is to be used outside of a worship service, for example as part of a study session or in a social media post.
Use of photographs
Please take great care when selecting photographs for publication, whether that be as part of a video broadcast, on a website, via social media or in a church newsletter.
If you, when publishing, do not have permission to use the image from the copyright holder, the use of the image is a breach of copyright and the copyright holder is entitled to pursue a claim. Unfortunately, the extent of this claim cannot be estimated, and it could end up at a figure that is significantly greater than anticipated. This is a situation to avoid.
There are several websites which offer images that are free to use in some circumstances. They are sometimes referred to as being available through “Creative Commons licensing”. At point of publication, the photographer or ‘Creative Commons licence’ must be credited in most cases. Full information on these licenses can be found here: https://creativecommons.org
Other useful website resources include Unsplash & Pixabay which both offer a large selection of Creative Commons licensed images. In addition geograph.org.uk offers a wide selection of images, licensable under creative commons, with an easy to use accreditation tool. Warning: these sites can also include pay-for images so please check in each individual case.
Please read website guidelines carefully if using any of these sources.
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