Copyright at the Seminary

In most cases, duplicating copyrighted printed music without obtaining an appropriate license is not allowed. However, some special circumstances arise that permit copying, most usually when the work is not intended for performance but used in a classroom setting.

• For a Performance. Emergency copying is permitted so long as replacement copies are subsequently purchased to replace the copies.
• Single Copies for Personal or Library Reserve Use (Academic Purposes Other Than Performance). An entire performable unit (section, movement, aria, etc.) if the unit is out of print or available only in a larger work.
• Multiple Copies for Classroom(Non-Performance) Use.Excerpts may comprise no more than 10% of a whole work and may not constitute a performable unit.

These follow the same guidelines as course packets that use other printed materials, with the added caveat that they may not be used for the public performance of the music. Every musical excerpt in a course packet, if derived from copyrighted material, requires permission, either from the copyright owner or through checking with the Seminary’s copyright umbrella licenses, such as Christian Copyright Licensing International to see if the excerpt is covered, and if not, paying a royalty fee to the owner. Each item in the packet also must include a notice of copyright -- e.g., "Copyright 2020 by Michael Joncas." Individuals who purchase course packets should not be charged in excess of cost. Expect several weeks' delay in cases where copyright owners are elusive.

Music, readings, and lectures, whether recorded, streamed on the internet, and/or performed live, are protected by copyright law. The exceptions are when the music has been licensed in the Creative Commons or is in the public domain, as earlier described.
Performances. Most performed music in the Seminary falls under two distinct categories, and each is treated in slightly different ways. The most obvious is during a religious observance, such as the weekly chapel service. However, classes may use music during a class setting, whether recorded or performed.
 

• Music in Religious Observances. Seminary religious observances generally fall under the performance exemption for religious service. However, printing sheet music in worship aids is not permitted without a license or permission from the copyright holder. Similarly, performed music may not be recorded or streamed, even if it is part of the service, without similar permission. For this reason, the Seminary maintains umbrella licenses for many pieces. It is incumbent on the community member planning to record or stream to ascertain whether the scheduled works are fully licensed.
   
• Classroom Exemption. Certain educational usage of materials are clearly protected by a classroom exemption to the copyright law. Before using in class, instructors should use the Seminary’s Fair Use Checklist and, if uploading to the LMS for a specifically distance course, the TEACH Checklist to verify that the planned usage is exempt.