Copyrights and Permissions

<body bgcolor="white" text="black" link="#336600" alink="#336600" vlink="black"> <center> <img height="165" width="276" src="images/BPlogo.jpg" border="0" alt="Brethren Press logo"><br> <a name="top"></a><font size="5">Copyrights and Permissions</font><br> <a href="#2">Copyright Basics</a> | <a href="#2">Frequently Asked Questions</a> | <a href="#3">Seeking Permission</a> | <a href="#4">Helpful Links</a> <p><font face="Times New Roman,Georgia,Times" size="2"><b>Link to <a href="index.htm" target="_blank">Brethren Press Home Page</a> | Link to <a href="http://www.brethrenpress.com" target="_blank">Brethren Press.com</a></b></font></p> </center> <p><br> Brethren Press Copyrights and Permissions is intended to provide general information about copyright law, answer some of your most frequently asked questions about copyright, and guide you in getting permission to use works that are protected by copyright. You may contact us for permission to use works owned or administered by Brethren Press, Church of the Brethren General Board, and the Hymnal Project. If you need assistance in seeking permission for works not owned by these entities, we will try to direct you.</p> <p>The purpose of this site is to provide information and guidance. Interpretation of the U.S. copyright law and specific legal questions should be directed to an attorney.</p> <ul> <p><b>Contact us:</b><br> <table border="0" cellpadding="2" cellspacing="2"> <tr> <td align="left" valign="top">E-mail:</td> <td align="left" valign="top"><a href="mailto:brethrenpress_gb@brethren.org">brethrenpress_gb@brethren.org</a></td> </tr> <tr> <td align="left" valign="top">U.S. mail:</td> <td align="left" valign="top">Brethren Press<br> Attn: Permissions<br> 1451 Dundee Avenue<br> Elgin, IL 60120-1694</td> </tr> <tr> <td align="left" valign="top">Phone:</td> <td align="left" valign="top">800-323-8039 or 847-742-5100<br> Ext. 287</td> </tr> <tr> <td align="left" valign="top">Fax:</td> <td align="left" valign="top">847-742-1407<br> Attn: Brethren Press Permissions</td> </tr> </table> </p> </ul> <center> <p> <hr width="75%"> </p> <p><font size="5"><a name="1"></a>Copyright Basics</font></p> </center> <p><i><b><br> What is copyright?</b></i><br> By law, individuals are given the exclusive right to control reproduction and use of their "intellectual property" creative expression that is fixed in tangible form, such as literary, dramatic, photographic, musical, graphic, audiovisual, or electronic works. This includes material posted on the Internet. Unpublished works such as letters or diaries may also be protected even though they do not display the copyright notice.</p> <p>Only the copyright owner has the exclusive right to reproduce, distribute, perform, or display his or her creative work or to prepare a derivative work from the original work. Sometimes the creator of the work may assign these rights to a publisher or other organization to administer.</p> <p>Some things not protected by copyright are titles, ideas, works that have not been put into a tangible form of expression, or common fact or information having no original authorship.</p> <p><br> <i><b>What is the term of copyright?</b></i><br> Within the last several years, the term of copyright protection has increased for the benefit of creators and their heirs, thus reducing the likelihood of works being in the public domain. Therefore, it is better to seek permission than to make assumptions. Electronic rights have also expanded the realm of interpretation and therefore litigation. Suffice it to say that digitized works on the Internet are also protected by copyright law. The following guidelines will provide basic but limited information for determining the copyright status of a work.</p> <ul> <li>Works published before 1923 are in the public domain.<br> <br> <li>Works published after 1923 and before 1978 may be protected for 95 years.<br> <br> <li>Works published in 1978 or later may be protected for the life of the author plus 70 years. If the work is of corporate authorship ("works made for hire"), the employer owns the copyright and copyright lasts for 95 years from the date of publication, or if unpublished, 120 years from creation, whichever expires first.<br> <br> <li>Any work published after March 1, 1989, does not require a copyright notice. Therefore, beware that even though a work does not have a copyright notice (© or the word copyright), it will likely be protected by copyright until 70 years after the death of the author.<br> <br> <li>Unpublished works have copyright protection as well. The minimum term of copyright is the life of the author plus 70 years. </ul> <p><br> <i><b>What is "public domain"?</b></i><br> Once copyright has expired, the work passes into the public domain, which means that the work is available for reproduction and adaptation without the creator's permission.</p> <p><br> <i><b>What is "fair use"?</b></i><br> The copyright law sets out four criteria for determining whether a particular use is "fair," meaning that under limited circumstances, a work that meets these four criteria may be used without permission. However, because the distinction between fair use and infringement may be unclear, the safest course is to get permission before using the copyrighted material.</p> <p>(1) What is the purpose and character of the use? (It must be used for educational and nonprofit purposes.)<br> (2) What is the nature of the copyrighted work? (Facts and data are generally freely reproduced.)<br> (3) What is the amount of the portion used in relation to the copyrighted work as a whole (The amount of material must be small in proportion to the whole work, i.e., a paragraph from a book.)<br> (4) What is the effect of the use upon the potential market for or value of the copyrighted work? (The use will not diminish the potential market or value of the work for the creator.)</p> <p>"Fair use" also means that a particular work may be reproduced without permission for purposes such as "criticism, comment, news reporting, teaching, scholarship, and research."</p> <p><a href="#top"><back to top></a></p> <p> <hr width="75%"> </p> <center> <p><a name="2"></a><font size="5">Frequently Asked Questions</font></p> </center> <p><br> <i><b>Do churches and other nonprofit organizations need permission to use copyrighted works?</b></i><br> Yes. Words, music, and other copyrighted materials are owned properties just as merchandise in a store is. Those who create the copyrighted materials labor to produce them, just as a carpenter might labor to produce a piece of furniture. It is erroneous to think that just because music, curriculum, or books are created for the glory of God, they ought to be free.</p> <p><br> <i><b>May I copy hymns and worship resources from</b></i><b> Hymnal: A Worship Book?</b><br> No. Not without getting permission from Brethren Press or other copyright owners. Permissions for hymns and worship resources were granted for use in the hymnal only. Therefore, Brethren Press can grant permission only for those works owned by Brethren Press, Church of the Brethren General Board, and the Hymnal Project. But we cannot give permission for you to use music or resources belonging to someone else. An index of copyright holders is provided along with contact information in the back of the hymnal on page 862. Should you have any questions, please feel free to <a href="mailto:brethrenpress_gb@brethren.org">contact Brethren Press</a> for additional assistance.</p> <p>If a hymn or worship resource is not listed in the contact information in the back of the hymnal, it means that the work is in the public domain.</p> <p><br> <i><b>May I copy hymns from the</b></i><b> Hymnal Supplement Series?</b><br> No. Here again permission was granted to Brethren Press to reprint hymns in the Hymnal Supplements only. Therefore, Brethren Press can grant permission for works owned by Brethren Press and Church of the Brethren General Board. We cannot give permission for you to use hymns belonging to someone else. In the Acknowledgments section of the series, an index of copyright holders is provided.</p> <p><br> <i><b>I am a frequent soloist for our worship services. May I make a copy of my music for my accompanist or the group that sometimes accompanies me?</b></i><br> No. Not without getting permission.</p> <p><br> <i><b>How can I get the most up-to-date list of copyright holder contact information?</b></i><br> The copyright information in both <i>Hymnal: A Worship Book</i> and the <i>Hymnal Supplement Series</i> was current at the time they were published, but changes frequently. Updated information will be available here soon. Or go to <a href="copyright/CopyrightHelpfulLinks.html" target="_self">Helpful Links</a>.</p> <p><br> <i><b>We want to use a hymn that is not in our hymnal. May we make copies and insert them in our worship bulletin for just one Sunday?</b></i><br> Not without permission, unless you are certain that the hymn is in the public domain.</p> <p>If your church regularly reprints copyrighted music on a one-time basis, you may wish to subscribe to a licensing service. These are organizations that grant blanket licenses permitting congregations to reprint certain congregationally sung music. Church Music Publishers Association (CMPA), PO Box 158992, Nashville, TN 37215 (615-791-0273) is willing to help with copyright questions and will provide you with the CMPA Copyright Holders and Publishers List. Go to <a href="http://www.cmpamusic.org" target="_blank">www.cmpamusic.org</a>. CMPA also endorses Church Copyright Licensing International (CCLI), an organization that for an annual fee will grant blanket permission to reprint a certain number of hymns for congregational use without seeking permission each time. <u>Not all song publishers participate in this service. Brethren Press/Church of the Brethren does not.</u> For more information, contact CCLI at 1-800-234-2446 or <a href="http://www.ccli.com" target="_blank">www.ccli.com</a>.</p> <p><br> <i><b>I know the law says we can't photocopy someone else's music or worship resources without permission, but is it okay to project them on a screen?</b></i><br> No. Not without getting permission from the copyright holder.</p> <p><br> <i><b>We will be having a church picnic in a nearby forest preserve. Is it okay to make copies of the hymns we are planning to sing so that we don't have to pack up our hymnals and haul them to the picnic?</b></i><br> Yes, only if you already own enough hymnals for your congregation. But you must destroy the copies you made once the picnic worship is over.</p> <p><br> <i><b>Is it necessary to request permission to reproduce the Church of the Brethren logo?</b></i><br> The Church of the Brethren logo is available for use by congregations and districts of the Church of the Brethren. It may also be used by other agencies related to the Church of the Brethren upon clearance with the <a href="mailto:hroyer_gb@brethren.org">General Board Office of Interpretation</a>. The one requirement is that users respect the integrity of the design by adhering to the specifications of type, layout, and color.</p> <p>Guidelines for use are available in the Church of the Brethren Logo Packet, which may be ordered at no charge from Brethren Press at 800-441-3712. A set of downloadable logos, along with guidelines for their use, is available by <a href="../../download.htm" target="_blank">clicking here</a>.</p> <p><br> <i><b>If a book is out of print, does that mean I may make a copy of it?</b></i><br> No. Just because a book is out of print does not mean it is in the public domain, unless it was published before 1923. You still need to get permission from the copyright owner. There are also a couple of other options. Occasionally the Brethren Historical Library and Archives (BHLA) receives extra copies when a Brethren Press book goes out of print; these copies <i>may</i> be available for sale, though no official list of books exists. You may <a href="mailto:kshaffer_gb@brethren.org">contact BHLA</a> and the staff will try to locate the book. Also, copies of some Brethren-authored books have been sent to University Microfilms International for the Books on Demand program. You can find out more about this service by visiting <a href="http://wwwlib.umi.com/bod" target="_blank">wwwlib.umi.com/bod</a>. For a fee, UMI will make a copy of the book and send it to you.</p> <p><br> <i><b>We originally bought enough copies of the student piece for our Sunday school class, but we now have three new students. May we make copies of the individual lessons for these new students?</b></i><br> No. When publishing houses such as Brethren Press produce curriculum, we pay writers and artists and musicians to create the material. We calculate the total cost of development and printing, estimate the number of congregations that will buy it, and set a fair price that is based on actual costs and number of copies printed. When congregations buy only part of the materials and then make photocopies, Brethren Press loses money on the product. This means we have fewer resources for publishing new products and curriculum that help us better understand who we are in the Church of the Brethren.</p> <p>There's also a practical side to the issue. Photocopying can cost as much or more than simply buying the product outright. While there's no coin slot on the church copy machine, every copy costs the church moneyin toner, paper, and maintenance. For example, a photocopy of a Covenant Bible Study book costs almost exactly the same as the purchase price, $5.95 (but won't look nearly as good on a library bookshelf).</p> <p><br> <i><b>I found a great image on the Internet that would be perfect in our newsletter. I didn't see a copyright notice. Does that mean I may use it?</b></i><br> Not without seeking permission. Material published on the Internet or in any electronic form is covered by the same copyright regulations as printed material. It is not allowable to use or adapt material published in digital form without the express permission of the creator. Sometimes this permission may be stated on the website.</p> <p><br> <i><b>May I tape a worship service or conference?</b></i><br> No. It is not permissible to tape a worship service or conference that includes copyrighted music or worship resources without receiving permission from creators of works used in the service. By purchasing music or scripts for each participant, performance in worship is permissible, but recording of that performance is not.</p> <p><br> <i><b>For a number of years we have been making two or three tapes of our worship services and taking them to our homebound members. Have we been breaking the law?</b></i><br> You may not make a video or audio recording of worship services that include copyrighted music and resources without first acquiring permission to do so. A recording of the worship service may be made without permission <u>for archival purposes only</u>.</p> <p><br> <i><b>We want to make up a little booklet of our favorite hymns that we used to sing from The Brethren Hymnal and The Brethren Songbook. We just want to make enough copies for our worship and small group meetings. What do we need to do?</b></i><br> Many old favorites are old enough to be in the public domain. They must have been published before 1923 for you to be sure they are not protected by copyright. If you are certain that a hymn is in the public domain, you may include it in your hymnal without further ado. For any other hymns, you must determine their copyright status and seek permission.</p> <p><br> <i><b>We want to reprint an article from Messenger magazine in our monthly newsletter. Do we need to get permission?</b></i><br> Yes. You may do so by contacting <a href="mailto:brethrenpress_gb@brethren.org">Brethren Press</a>.</p> <p><br> <i><b>Can we show videotapes at our youth group lock-ins and church retreats?</b></i><br> This particular use is defined as a "public performance" and is prohibited by law. Videos commonly available in rental stores are specifically for "home use" only. But if you are using the video as a teaching tool in a face-to-face teaching activity, then it is permissible.</p> <p>Individual churches may purchase a video license similar to the CCLI license for music. For more information, contact Christian Video Licensing International (CVLI) at <a href="http://www.cvli.org" target="_blank">www.cvli.org</a>.</p> <p><a href="#top"><back to top></a></p> <p> <hr width="75%"> </p> <center> <p><a name="3"></a><font size="5">Seeking Permission</font></p> </center> <p><br> <i><b>What is the best way to go about getting permission to use copyrighted works?</b></i><br> If the Church of the Brethren or Brethren Press owns or administers the copyright, you may contact us. If someone else owns the copyright, it is perfectly acceptable to contact the copyright owner or copyright administrator, which may be an individual or a corporate group. Some will grant permission over the phone. <u>Others may require a written request, so plan ahead.</u> Fortunately, fax machines and the Internet save time when the request must be put in writing.</p> <p>The owner or administrator has the right to either grant or withhold permission. And they may charge a fee or royalty for the use.</p> <p>It will save time for everyone if you provide the following information when requesting permission:</p> <ol> <li>A description or copy of the material you are wanting to use, including the title of the book and page number <li>Name of author, composer, or editor <li>Name of copyright holder or administrator, date of copyright <li>An explanation of the intended use, including any adaptations and in what context <li>The number of copies being made <li>If the piece will be sold, the selling price of each copy and date of publication <li>The credit line as it will appear on the reproduction <li>Your name and contact information </ol> <p>Publishers' websites often provide specific guidelines and contact information as well.</p> <p><br> <i><b>What if I don't know how to contact a copyright holder?</b></i><br> First try to contact the company that published the piece. Be sure to have the creators name and the date of publication in hand when you call. If the publisher does not administer the copyright, they may be able to direct you to the creator or administrator of the rights. If you are stumped, you may contact us at Brethren Press. If we do not have the necessary information, the staff at your public library, bookstore, or music store may be able to help you. See our <a href="copyright/CopyrightHelpfulLinks.html" target="_self">Helpful Links</a> for additional help.</p> <p>If you cannot locate the owner of the rights, <u>do not use</u> the work.</p> <p><br> <i><b>If a copyright holder does not respond to my permission request, can I assume that he or she doesn't care if I use their work?</b></i><br> No. You can try another avenue to reach them, but if you still don't succeed, you have to give up on the idea.</p> <p><a href="#top"><back to top></a></p> <p> <hr width="75%"> </p> <center> <p><a name="4"></a><font size="5">Helpful Links</font></p> </center> <p><br> For more information on copyright, check out the following websites:</p> <p><a href="http://www.loc.gov/copyright" target="_blank">www.loc.gov/copyright</a> US Copyright Office<br> <a href="http://www.sundaysoftware.com/copyright.htm" target="_blank">www.sundaysoftware.com/copyright.htm</a> Sunday School Software (copyright guidelines for Christian educators)<br> <a href="http://www.augsburgfortress.org/copyrights/" target="_blank">www.augsburgfortress.org/copyrights/</a> Augsburg Fortress Publishers (an especially informative site)<br> <a href="http://www.cmpamusic.org" target="_blank">www.cmpamusic.org</a> Church Music Publishers Association (for publisher/copyright holder information)<br> <a href="http://www.mpa.org" target="_blank">www.mpa.org</a> Music Publishers' Association (for a copyright search center)<br> <a href="http://www.hopepublishing.com" target="_blank">www.hopepublishing.com</a> Hope Publishing Company (example of a music publisher that grants permission on line)</p> <p><a href="#top"><back to top></a></p> <p> <hr> </p> <center> <p><a href="#1"><font size="2"><b>Copyright Basics</b></font></a><b><font size="2"> | <a href="#2">Frequently Asked Questions</a> | <a href="#3">Seeking Permission</a> | <a href="#4">Helpful Links</a></font></b></p> <p><font face="Times New Roman,Georgia,Times" size="2"><b>Link to <a href="index.htm" target="_blank">Brethren Press Home Page</a> | Link to <a href="http://www.brethrenpress.com" target="_blank">Brethren Press.com</a></b></font></p> <p><font face="Times New Roman,Georgia,Times" size="2"><b>Last updated <csobj w="157" h="16" t="DateTime" format="LongDate" locale="00000409" region="0">Monday, September 13, 2004</csobj><br> </b>© 2002 Church of the Brethren All rights reserved<br> </font><font size="2">Please e-mail the <a href="mailto:cobweb@brethren.org">web administrator</a> with your questions and comments</font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></p> <p><font size="2"><br> </font></center> </body>