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"An Ethical Spotlight on Unauthorized Copying of Liturgical Music within the Catholic Church"

An essay written in 2000 by Maggie Hettinger. Among other things, it summarizes and dissects the $3,190,400 judgment that Friends of the English Liturgy (FEL) won in 1984 against the Archdiocese of Chicago. This judgment, if I recall correctly, is the one that Christian Copyright Licensing International highlights when advertising their umbrella-type copyright licenses.

To me, court cases such as that make a “donate-ware” model an attractive option. Hmm….

[Via St. Cecilia Was Here.]

Posted 11.14.2003
by Aristotle A. Esguerra
6 comments.
Filed under: Relevant Reading.

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6 Comments

I’d been looking for something more solid than the bogeyman tales that people tell about “the Copyright Suit,” I will read it right now.

Forget good taste, forget follwing the directives of the Church — doesn’t the copyright issue alone make the Mass of the Angels a superior choice to the Massive Cremation?


Thank you
11.14.2003 @ 11:01 am #

My former go-to guy on fair use copyright is no longer among us, so maybe someone here has the answer.

My choir has a couple of much-loved anthems that another director introduced years ago.
They are still under copyright.
One of them is quite a fine piece of music, the others, not so much, but serviceable. (sp?)
They are very protestant in their theology, (some of them, PLEASE DON’T READ THIS TODD, are outright heretical) and I have avoided using them for this reason.
Would it be permissible to rewrite the texts, either entirely or with a word or phrase here and there and make copies of that for our own personal use? We own more than enough bought-and-paid-for originals, so the publishers and writers have received due recompense.
Anyones thoughts on this would be appreciated.


Geri
11.14.2004 @ 2:23 pm #

And may I also say, after reading, I am surprised at Miss Hettinger?

” The Second Vatican Council had only recently MANDATED that the liturgy of the church WOULD be in the vernacular” [emphasis mine]

“Could,” perhaps?


Geri
11.14.2004 @ 2:32 pm #

I think the proper approach is to print both versions–with the alternate text italicized. The author would be the same, but then you would add the author of the alternate text as being yourself. Then when you sing the song, you say that you will be using the alternate text.

It is important to clarify this, because there are folks who may know the original words, and will be distracted (and think poorly of your ministry) if you change them outright without warning. Doing it this way makes you appear that you are honoring the original copyright, but then you are providing a little different version. Besides, you’re not planning on recording these, are you?

Peace,
Nick


Nick Alexander
11.15.2004 @ 8:54 am #

Geri,

Copyright law is not just there for economic reasons, it also allows the holder to retain artistic control. You can’t change text or melody without express permission.

When GIA published the first Gather Comprehensive hymnal 10 years ago, they de-gendered some Dan Schutte texts without his permission. When he didn’t ratify their texts, GIA had to reset type and print retractions. At great expense.

Think about it - the texts you are reviewing may be 100% faithful to the credo of the composer’s Protestant denomination. How would you feel if a catholically-correct text of yours were altered so it could be used in a non-Trinitarian service? Or attacked Catholic dogma on papal infallibility, or the Assumption?

I’d recommend chasing down the copyright holder and getting his/her permission (or the estate’s permission, if that be the case). If the publisher’s out of business, a successor can usually be found through the Harry Fox agency, or ASCAP or BMI. I just chased down a 1930 arrangement last week - relatively painless.

Best,

Jay (and Happy St. Cecilia Day!!!)


Jay
11.22.2004 @ 10:59 am #

Note to Geri, who said:
=============================
And may I also say, after reading, I am surprised at Miss Hettinger?

” The Second Vatican Council had only recently MANDATED that the liturgy of the church WOULD be in the vernacular” [emphasis mine]

“Could,” perhaps?
==========================

You’re right, of course. I’m surprised, myself. I would have thought that in 2000 I’d have been aware that Vatican II didn’ t mandate the vernacular as a replacement. That was bad wording in the copyright article.

But I’m sure that in the 70’s and 80’s I thought it was a mandate, and most everyone else did as well.

I’ll make a note of this on that article. Thanks.


Maggie Hettinger
02.21.2005 @ 1:57 pm #

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