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Songs vs Sound Recordings: Know the difference

Songs and Sound recordingsTwo types of copyrights routinely cause frustration and confusion for many church leaders striving to honor copyright compliance. U.S. Copyright Law allows for eight specific types of works of authorship that can be copyrighted , and two of these are frequently misunderstood. They are music (or songs) –  including any accompanying words, and sound recordings – aural reproduction of some material (music, speech or sound), which may or may not itself be copyrighted.

It’s understandable that folks struggle to separate the two. For example, when your worship team needs to make copies of “God of Wonders” as recorded by Paul Baloche for rehearsal purposes, it’s a common misconception that you just need one license to do so. In fact, the song (written by Marc Byrd and Steve Hindalong) is a music copyright and owned by a the songwriter or publisher, in this case New Spring, Meaux Mercy and Storm Boy Music. Paul Baloche’s specific arrangement, rendition and recording of the song is a sound recording copyright and it is owned by the record label, in this case, Integrity Music. The music copyright is usually owned by the songwriter or one or more publishers, and the sound recording is owned by a separate party–the artist or more often a record company. The owner of the sound recording can usually be determined by locating the P symbol on the back of the CD. Note: the owner of the sound recording is often NOT the owner of the song.

It’s very important to grasp this basic distinction between songs and sound recordings to plan for obtaining licenses and paying royalties, as it impacts a variety of types of uses, exclusive rights, licensing types and fees.

‎”Hey, Ayatollah, leave those kids alone!”

One of the most popular concepts considered by worship teams is to rework popular songs with Christian lyrics. Rewriting the lyrics of a song is creating a new “derivative work” based on the original song. Creating a derivative work is one of the exclusive rights of a copyright owner, and creating a derivative work [...]

Churches: Literary works are protected by copyright too

Nearly 50% of U.S. Protestant churches (about 135,000) optimize websites as a powerful tool for outreach and communicating with their members. The Internet provides an effective platform, making churches more visible to their community, as well as vulnerable to possible copyright and privacy violations.

Most churches are aware of the need to [...]

Royalty payments and “the little guy”

When times are tough and belts are tightening, some churches have difficulty justifying payment of song royalties. It can seem a little superfluous to pay for the use of music when cuts are being made in so many critical areas.  An article in yesterday’s New York Times contained a passage that addresses one of [...]