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Copyright Issues, Renting Out MusicDate: December 14, 2009 by Sean Johnson
 The congregation where I work has many church musicals that have been purchased over the years. We will most likely not use them again and are wondering what to do with them. Someone suggested renting them out for a nominal fee to other congregations. I am wondering about the legalities of such an endeavor.
Do we have the rights to rent them out? Would the renters have performance rights then? Would the answers to this question change if we were to sell them instead of renting them?
Thank you all, in advance, for your answers and suggestions. Replies (3): Threaded | Chronological
John Howell on December 14, 2009 3:33pm
Hi, Sean. I haven't dealt with church musicals, but it seems like the question would be whether they fall under Grand Rights (like Broadway shows, operas, and ballets) or just the normal provisions of the copyright law.
(My opinon only, and I'm not a lawyer): If you purchased the materials outright and that gave you permission to perform without paying additional royalties, they are being treated as normal and not as Grand Rights. Therefore, like any other music you've purchased, you are free to do what you want with what is your property. You can loan it, rent it, or sell it.
If you had to pay a separate royalty for performing these works, that could be a different story. And anyone you loaned, rented, or sold the materials to should definitely pay the same performance royalty.
So I suspect that the provisions that applied to you when you purchased the materials should answer your questions (which are very good questions, by the way!). And of course no performance royalties are due for music used in the course of religious services, which pretty much takes them out of the realm of Grand Rights in the first place.
All the best,
John
on December 14, 2009 3:45pm
Hi, Sean.
Believe it or not, the Copyright Code (Section 110) deals specifically with the issue of performance rights for "dramatico-musical works of a religious nature." Unlike musicals or other staged productions, for which you would have to apply for grand rights, these church musicals are treated the same as a regular choral work, provided that they are "perform[ed] or display[ed] in the course of services at a place of worship or religious assembly."
Therefore, as long as you have purchased the appropriate quantities of the musical and its performance materials, you are free to do with that sheet music what you'd like; AND, the church to whom you rent, lend, or sell the sheet music is allowed to perform it.
Tom
on December 14, 2009 7:48pm
Has there ever been a test case concerning what is a "service" at a place of worship? If my youth group performs some musical at a Sunday night event with a potluck dinner, is that a worship service? It has a religious message. Although my church might decide it's not a "service" because it doesn't serve communion or have a pastor presiding, that couldn't really be used as a basis for a court decision. Not all churches (let alone mosques or synagogues) have presiders, or communion. I ask in all seriousness because I suspect that's the kind of context in which most such musicals are performed, rather than at a regular Sunday morning event. And our church choir will occasionally present a "concert" with no religious content other than the sacred music; are we liable for performance royalties in that case? Theoretically?
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