[CS-FSLUG] open source worship songs

[Chris Brault]

Okay,


>>>> I'm afraid, Chris, that it ain't so.  
> 
> I then must eat crow...

Don't eat crow.  Trust me ... it's not good eating.

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>> 3) I can perform my own version of a worship song until I die without 
>> owing anyone anything.
> 
> If you play it in public (eg, a church), doesn't that constitute "public 
> broadcast"?

Performance and broadcast are very different things under US Law (like a 
concert vs. a radio station). The modern music industry even separates 
the profits from these two, where the musician makes the majority of 
their money from the tour while the production company makes their money 
from sales or the recorded music (mechanical licenses for CD's, 
synchronization licenses for movies and performance for parody and 
for-profit "cover bands").

Playing in a church, on the street corner or in your own bedroom is not 
a crime ... as long as you do not receive money for the performance. 
That's how colleges show films in class (educational fair use) or how 
entertainment news programs use parts of songs (research/newsworthy) and 
how R&B artists jack melodies from 70's songs (6 second fair-use rule).

The entire copyright system is about money (as if all business isn't). 
It is about protecting the money making ability of the artist and the 
production company. If you are not harming their ability to make money 
nor using their material to make money that would rightfully be theirs, 
then you are not breaking the law.

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>> 4) I can write my own version of a song while listening to the radio 
>> without breaking anyone's copyright (lead-sheets and imitation).
> 
> Can you publish those notes?

Absolutely. Do a google search for Christian Song Tabs and Christian 
Song Lyrics or Christian Song lead sheets.  As long as the imitation is 
my creative work (I did the ear to paper translation) and I am not 
making money the it is okay.

Besides, imagine if poor churches had to purchase the "right" to simply 
to open their mouths and sing a worship song to God. Now imagine if they 
couldn't afford those rights. If you were a Christian Worship song 
writer, would you put up with that ... and besides ... if they didn't 
sing it in church, how would people know your songs at the concert 
(which is where the artists make all their money)?  It's like free 
advertising all over the world.

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>> If your church wants to "rebroadcast" a song or "publish" a song (in 
>> print or projector) then it needs a license.  Otherwise, singing it in a 
>> church is fair use ... 
> 
> If I get it right, as long as you do not project or print the lyrics... 
>   Seldom practical
> That's what I mean...  Like, yeah, you can sing in the shower, etc, but 
> once it goes beyond home use, mammon needs you to pay a license.

You can sing it anywhere: In church, in the shower or on top of a 
double-decker bus in London.  Purchasing a CCLI license to reprint the 
lyrics (for handouts) or for data projecting (power point) is the 
ethical way to make sure the artist gets paid. Now, as a matter of law, 
you could technically write the lyrics from your own memory and use a 
lead sheet from your own memory (if you have a small congregation) and 
get away with that. Or if the congregation wrote the lyrics themselves, 
that is legal too. Copying the lyrics from the CD cover or from their 
site ... nope ... not legal.  This is a sticky area.

That said, there are "God is free" advocates (like open source people 
for worship music) who advocate the above practices (playing and copying 
lyrics from broadcast, which is legal) rather than pay for the "right" 
to worship. Some do not believe that you can "own" someone else's mind, 
mouth or hands nor do they believe that worship to God should be sold 
for money.

To some extent I agree and believe, personally (this is my own opinion) 
I would use "from-memory" lyrics and lead-sheets if my church were poor 
enough. I would purchase a CCLI license (which is very reasonably 
priced) when we could afford it (knowing my intent and having a clear 
conscience). This decision would take character and trust that God would 
supply our need for a license. Of course, once we have a license, then 
we'd take advantage of their site and get/reprint official lyrics all we 
want.

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>  > I mean, seriously ... why write worship songs if
>> they aren't meant for use in church?
> 
> Because they think they will be paid for it?  Because they want to use 
> the fruit of the spirit (the talent to compose / sing / play) for 
> personal gain?  Usually defined as simony.   Sorry, Chris, sounds like I 
> were challenging you.  I believe we are on the same side.  It's the nice 
> "godly" music that is useless unless one burns incense at Caesar's 
> shrine that riles me.

I can see where you are coming from.  I am generally practical about 
these sorts of things; if you can afford it, do it; otherwise do what 
you can. And there are Christian musicians out there who see themselves 
as "alternative entertainment", that is, clean entertainment that isn't 
from the world as an alternative to the dirty secular garbage spewing 
over some of the nations radio stations.

This is the read argument here. Is there room for "alternative 
entertainment" where an artist is entertaining not to save the world but 
simply to create something better than the world has to offer? Are they 
doing their part by keeping kids away from the influences of the worst 
of entertainment? Are they really attracting worldly kids with the 
similar "sounds"?

Is selling music about Jesus the Christ different than selling music 
about world hunger or living a good life? These are big decisions.

Gabe Ginorio