Making recordings

[Nick Baty]

Sorry to argue, SC, but the PRS is not asking for a royalty – it is asking for a flat fee – and cares not if you make or lose on the project.

You're right that PRS does not charge for use in liturgy, but the second it's recorded it ceases to be liturgy and a fee is payable. That's why weddings services and first communions Masses may not be videoed unless the church has the appropriate licence.

Matt could write to every individual copyright holder in advance each week and ask their permission and, yes, I'm sure some would grant it. But one cannot presume they will. Also, he would then – technically speaking – have to inform MCPS for their records in case they investigate.

Taizé is not covered by MCPS and lays down the rules very simply on its own website.

Anyway, there's little point in us bantering on about the legalities – it's all laid out at the link I posted earlier.

It's not for me to say go ahead or vice-versa, but no matter how good the intentions, the law remains the same.

[keitha]

The production of a recording without having the appropriate permit of a church service is a criminal offence. Each person who distributes, or assists in the making of such a recording is also committing an offence. The performing Rights Society ('PRS') is becoming ever more vigilant in policing this, and it does not matter whether or not the recording is for gain or reward. This is not a question of 'taking a view' - it is the law.

CCLI has been authorised specifically by the PRS to grant licences to enable churches to record and distribute recording of their services. The normal CCLI licence that many churches have for the reproduction of music in services sheets and the like includes the right to make recordings of music at services, either free or at a price that covers only the costs of producing the CD (with a price limit). Application should be made via the CCLI website. Licences are available for one-off events or on an annual basis. Charges are based upon the (rough) average size of the largest congregation at a service on each Sunday (for example the annual licence for a congregation of between 250 and 500 is £232.93.

The right to record does not appear to be limited to those publishers covered only by the CCLI licence for copying purposes. This is because we are talking about performing rights and not copyright, however, the position is not entirely clear and I will check. Printed text should not be included with the CD unless the publisher's permission has been obtained.

The big problem here, as I see it, is that none of this relates to the spoken service words in a recording, for which the authority of the publisher is required. The only likely publishers that would be relevant here would be (I imagine) ICEL and the Grail. If they have not already done so (does anyone know?), maybe the SSG could approach them for some form of 'blanket' authority for this (perhaps, say, authorising recording where a CCLI licence has been obtained).

[oopsorganist]

Why would a housebound person want a recording of the parish Mass? Surely they need to have Communion, that would be nice, but why the service... if they want to, they can listen to all sorts of services on the radio and TV. Wouldn't a visit or four from human contacts be more sustaining than a recording of babies knocking their heads on benches, and so on....I understand the isolation of houseboundness, but isn't a recording of the Mass in a similar place with recorded music and bells? Unfathomable idea.

[Nick Baty]

Must admit, I can't my head round it either.
Having said that, the old folks in our parish who received the Triduum highlights CD were very grateful.

[docmattc]

Why would a housebound person want a recording of the parish Mass?

I agree with you Oops. I don't imagine for a minute that any of the housebound have said they want it, the line in the newsletter certainly doesn't suggest that the driving force is anything other than the parish council feeling it has to do something.

Thanks all for a very useful guide to the copyright issues, and the grey areas that abound. It makes me think that we should address wedding videos too. At the moment we tend to ignore that these might happen.

[oopsorganist]

Aye tis topical in our parish, we are considering that other parishes bless the Eucharistic Ministers who set off, hot foot, with Eucharist and newsletter to see housebound and sick. Such organisation and dynamsism!
We have a Mass for the housebound once a month where we bring 'em in. That seems a better idea.
If you turn up at my bedside if and when, with a recording of the Mass, I will poke you in the eye with my walking stick or other disability aid will greet you.........the point is that Communion must get there, not the sermon.....

[keitha]

For what it is worth I looked into the position as I indicated above.

Normal CCLI licenses will also cover recording of music in the limited circumstances under consideration, but only for publishers who have signed up to the CCLI licensing scheme. The Calamus licence does not carry any recording rights.

The recording of spoken ICEL mass texts in such limited circumstances is authorised by ICEL. The same applies to recordings of readings in the Lectionary from the Jerusalem Bible or the Grail psalms.

[docmattc]

My enquiries reveal that there is not a problem recording music covered by Calamus on condition it is not sold.

[Southern Comfort]

My enquiries reveal that there is not a problem recording music covered by Calamus on condition it is not sold.

Now there's a commonsense solution!

The recording of spoken ICEL mass texts in such limited circumstances is authorised by ICEL. The same applies to recordings of readings in the Lectionary from the Jerusalem Bible or the Grail psalms.

I don't think this can be accurate. ICEL has no control over the JB or Grail. Calamus, however, are agents for the Grail copyrights ─ see doc's comment on Calamus above. I think keitha meant to say that the various publishers are easy with the kind of small-scale charitable usage we have been discussing.

It's worth pointing out that the CCLI licence is much more expensive than the Calamus one, because it includes hundreds of thousands of evangelical pieces that no Catholic church will ever want to use. CCLI have apparently refused on many occasions to contemplate a cut-down licence for Catholics only.

[presbyter]

There's a pretty good Copyright and Performing Right guide here http://www.abcm.org.uk/publications/publications/cg.html
Use the menu above to get to the pages.

[Nick Baty]

My enquiries reveal that there is not a problem recording music covered by Calamus on condition it is not sold.

That's not the answer I got from Calamus when I spoke to them in April. They directed me straight to MCPS.

[Nick Baty]

The recording of spoken ICEL mass texts in such limited circumstances is authorised by ICEL. The same applies to recordings of readings in the Lectionary from the Jerusalem Bible or the Grail psalms.

I don't think this can be accurate. ICEL has no control over the JB or Grail.

I think Keitha means that as ICEL holds the rights for ICEL texts, so DLT (is is still them?) holds the rights for the Jerusalem Bible and Fount for the Grail psalms.

[keitha]

That's exactly what I meant Nick. The guide that Presbyter has referred us to is an excellent summary of the position and if people follow it they should be ok.

I checked the position with Calamus before I wrote my last comment. Calamus may not have the ability to give performing rights consent on behalf of its affiliated publishers in the way that CCLI can do so, so individual publishers need to be consulted as per the guide referred to by Presbyter. There has been some confusion - hence the different responses received by Nick Baty and Docmattc. The position is under review. Hopefully a commonsense position will be reached before too long.

[Southern Comfort]

I think Keitha means that as ICEL holds the rights for ICEL texts, so DLT (is is still them?) holds the rights for the Jerusalem Bible and Fount for the Grail psalms.

Grail is administered by HarperCollins these days ─ but not for long. When Grail IV comes in, it will presumably be administered by Decani/Calamus, since GIA have world rights.

[Nick Baty]

Which all sort of brings us full circle, back to the top of the thread: Right now, Matt needs to approach MCPS for all their members' material (which includes OCP items) and individual publishers for other items: Continuum, Taizé, Belmont Abbey and the John Ireland Trust all gave me permission for nothing. Material by Schutte, Farrell, Walker and Inwood cost me £20 each. It was all very simple: MCPS on line and emails to each of the others. All permission were back within 48 hours. But, even as things change, don't presume: anything Calamus administers Taizé in the UK at the moment, but you still need to go back to Taizé for recording permissions.