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gazman

Covert Video Recordings Of Weddings

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It is a great pity that the incumbent felt it necessary to give the congregation incorrect information to enforce his position. It is not, of course, merely a matter of copyright. Though that may well be involved, it is unlikely that the church or its officers would have any involvement in the copyright situation.

 

As I have written before, these matters are best addressed in a formal contract between the organist, minister and PCC. Regrettably, many of the contracts in force were written and effected well before the advent of the camcorder.

 

Incidently, I played the organ for a friend's wedding a couple of weeks ago. The family requested no videos and none were taken. The congregation sang heartily and listenened to the choir anthems with rapt attention. It was a super event.

 

Barry Williams

 

Hi

 

Video recordings of church services do raise a copyright issue, as they constitute a "Mechanical Recording" (unless everything that is sung and played is in the public domian - i.e. authors, composers and arrangers have been dead for at least 70 years. The MCPS is the licensing authority for this (but I think that CCL may have an arrangement and act as agents these days - I've not had cause to find out). Any performance royalties/additional payments to musicians, etc. are a matter of negotiation between the parties concerned. (I received extra for a wedding that I played for a couple of years ago because it was videoed)

 

Every Blessing

 

Tony

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Guest Barry Williams
Hi

 

Video recordings of church services do raise a copyright issue, as they constitute a "Mechanical Recording" (unless everything that is sung and played is in the public domian - i.e. authors, composers and arrangers have been dead for at least 70 years. The MCPS is the licensing authority for this (but I think that CCL may have an arrangement and act as agents these days - I've not had cause to find out). Any performance royalties/additional payments to musicians, etc. are a matter of negotiation between the parties concerned. (I received extra for a wedding that I played for a couple of years ago because it was videoed)

 

Every Blessing

 

Tony

 

A performance of copyright music attracts a copyright payment for the performance. However, an exception is made for acts of worship, including weddings.

 

The CCLI licence includes an MCPS licence for non-commercial use, such as providing recorded copies to housebounds members of the congregation.

 

MCPS also offer a limited licence for amateur productions of recordings not exceeding certain numbers.

 

The extra video fee referred to is a pre-performance payment for the performer giving up the right to receive repeat performance fees. (Each playing of the recording is a separate performance.)

 

There is no law which stops you recording your own performance of any music, even of music in copyright. Restrictions only apply when:

 

the recording is used other than for 'private and domestic' purposes

 

or

 

the performer's consent has not been obtained.

 

Section 182 (1) Copyright, Designs and Patents Act 1988 applies.

 

The composer's rights are protected under Section 16 of the Act. However, as indicated above, there is no enforcement for acts of worship - unlike on the continent, where fees arise for the singing of anthems in divine worship.

 

As a wedding video is only likely to be viewed in domestic circumstances it is doubtful whether an organist has any performing right for which to claim a fee. It is, of course, a matter for negotiation, which is why it is best written into the organist's contract.

 

Barry Williams

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