Legal Creation and Use of Rehearsal Tracks and Accompaniment Tracks
  November 2009
   
  A rehearsal track is a recording of a song that is distributed to worship team members for the purposes of rehearsing the song. An accompaniment track is a recording of a song that is intended to be played along with a band’s or singer’s performance. These tracks can be an original recording by an artist or a recording of a worship band performing the song themselves. Permission is required when making rehearsal or accompaniment tracks using copyrighted songs. In cases where the songs and the sound recording are being used multiple permissions are required, including permission for the intellectual property of the song, and the use of the recorded performance of the artist. Royalties due are based upon the length of the song, therefore, runtimes of the tracks are required.

In some cases, permissions to create rehearsal and accompaniment tracks may be denied by the copyright owner of the sound recording. This may stem from the owner prohibiting particular uses, such as rehearsal tracks. Securing licenses for use of accompaniment tracks may be more expensive than licensing the original recording

Royalty Estimates
When creating rehearsal and accompaniment tracks, you need one or more licenses depending on whether you are using an original track. If you are making a track from your performance of a copyrighted song, you will need a mechanical license. Royalties for a mechanical license are based on a minute rate ($.0175 per copy per minute for each song). If you are making a track using the original recording of the song, you will need a master recording license in addition to the mechanical license. Royalties for a master recording license will run on average $.25 per copy per song.

Permissions Process
You will need to provide the following information to request permission for making rehearsal and accompaniment track:

Name Description
Original album label The published title of the album
Artist name Artist credited on album
Record label Company who creates or manages the recording
UPC code 12 digit barcode or product #
Runtime Total length of song to be used

Please note on average it takes 3-6 weeks to receive permission from Christian copyright owners and 12 weeks or more to receive permission from secular copyright owners. Secular copyright owners take longer due to the volume of request and in addition may have to receive permission from the artist before authorized to license the song. In addition they may require high minimums. Many require a $200.00 minimum and proof of non-profit status to consider the request.

Securing permissions through PERMISSIONSplus
If you are would like to turn over the permissions process to professionals, you should investigate Christian Copyright Solutions's PERMISSIONSplus service. With PERMISSIONSplus, you simply submit your project information on an online form and the CCS team takes over the process from there, informing you when the permissions and licenses are obtained.

Tips

Advance Planning. One of the most vital components of copyright compliance is advance planning and budgeting. If you begin planning 3-4 months prior to major events or productions (especially Christmas and Easter), you will allow time for the entire permissions process.

Runtimes. Carefully note correct runtimes. If using PERMISSIONSplus to secure the license, the runtime field is set up in hours, minutes and seconds. If you estimated royalty seems to be high, check to see if the runtime is in the proper fields. Even if you are using an existing recording the copyright owner will require the runtime of the song. If you are unsure of the runtime, there are several online resources which provide runtimes such as Allmusic.com. and Amazon.com. Mechanical licensing royalties are based on a minute rate structure.

Medleys. When using a medley, you are required to have a license for each song copyright within the medley. The copyright notice on the medley title page is typically the copyright notice for the opening song of the medley, as you read the music you will see the copyright notice of the next song when it changes in the music. For example, if you were seeking to make use the medley, “Worthy medley”, you would see the following copyright notice.


 Worthy as the Lamb by Darlene Zschech, Hillsong © Hillsong Music
Worthy is the Lamb That Was Slain by Allen Moore © Birdwing Music
Lamb of God by Twila Paris © Mountain Spring Music


If using PERMISSIONSplus, please enter all the medleys as a non-catalog request as follows: enter the name of the medley title; in the Notice field, enter each song title, writer and copyright notice.

Locating UPC codes. When using purchased downloaded music files: the album will be identified at the download site; search the album title on the internet for the UPC code (12 digit barcode). Pricegrabber.com, Epinions.com, WorshipMusic.com are good sources for UPC codes. Songs quite often have been recorded by numerous artists on several albums; be sure to identify the correct sound recording.
 

 
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.