This chapter describes how you may use works in chapel services.
Follow the steps given in chapter 5 of this guide, "When Copyright Permission is Needed," modified as follows.
The following is not an infringement of copyright:
"Performance of a nondramatic literary or musical work [such as the words and music of a hymn] or of a dramatico-musical work of a religious nature [such as a Christmas cantata], or display of a work, in the course of services at a place of worship or other religious assembly."
§110 (3), Copyright Act
- May I project a passage of Scripture on the screen during a chapel service, taken from any version of the Bible? May I project the words and music of a hymn or song? May I project images taken from the Web or elsewhere?
- Yes. These uses are permitted by §110 (3) of the Act.
- May I show a clip from an audio-visual work during a chapel service?
- Yes. We consider a clip to be an instance of Fair Use, in addition to whatever rights are afforded by the copyright exemption given in this chapter.
- May I photocopy the sheet music for all of the performers participating in a chapel service?
- We must distinguish between the original work, which may be in the public domain, and the sheet music of that original work, which may be protected by copyright. If the sheet music is protected, its distribution in photocopies is not justified by §110 (3) of the Act and probably not by The Fair Use Exemption. You should either buy adequate copies of the sheet music or get the copyright owner's permission to make the photocopies.
Fair Use analysis:
Purpose Favorable. The use is being made at a nonprofit educational institution. Nature Unfavorable. The music to be performed is a highly creative work. Amount Unfavorable. The whole work is being copied. Effect Unfavorable. The photocopying would replace sale of the work and numerous copies would be made. A mature market exists to supply sheet music to musicians.