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Songwriting, Music Licensing, and the Gospel
Do not be conformed to this world, but be transformed by the renewal of your mind, that by testing you may discern what is the will of God, what is good and acceptable and perfect.
– Romans 12:2
As songwriters, we too often passively conform to the patterns of the world. We see the primary model of songwriting, which reserves all rights and exploits creative works in every way possible for financial gain. There is a place for financial gain in music, even songs written for gathered worship, but I propose that this is not the primary purpose for worship songs. If that is true then we must step back and look at our options rather than automatically defaulting to “all rights reserved.”
Ministry vs. Commercial Use
I propose that, as songwriters and content creators, we need to differentiate between “ministry” and “commercial” purposes with our content. When we write songs for gathered worship, our primary purpose should be to glorify God and build his church. “Ministry” purposes should include gathered worship through song and freedom to use those songs in ways that build the church, where money does not change hands. This includes performance rights in worship services and church events, freedom to display lyrics for these events and the ability to create recordings for free, “non-commercial” use.
I propose that “commercial” purposes include recording music for any product such as CDs, DVDs, radio, film, and so on, where money does change hands. I propose that these products are worth fair market value, and the rights to create these products should be at the discretion of the content creator. In summary, ministry usage should be free and commercial usage should be worth fair market value.
This is how it plays out at Mars Hill, and has done so for the life of the church. Sermons, live recordings of our original music, and all other content that comes out of the regular life of the church are freely available without charge for download on our website. However, books, studio musical recordings, and other packaged resources are made available at fair market value through bookstores and various internet retailers.
Using The Creative Commons License
I am not challenging you to adopt exactly the way we do it at Mars Hill, but I do challenge you to prayerfully consider the destination and purpose of your songs and create legal, licensing, distribution, and marketing decisions based on the larger mission of your church, not the other way around. This is why I like the Creative Commons license. If the default of copyright is “all rights reserved” and public domain is “no rights reserved,” then the Creative Commons license is “some rights reserved.” They offer a range of options allowing you to publicly grant as much or as little usage of your content as you want, with a solid history of litigation and enforcement to back it up.
Do you really want to put your music out in a way that gives the church no legal way to record a demo for its band or even a rough recording to help the congregation learn your song? Do you really need someone to pay you off every time they display the lyrics of your song or play it at something besides an official worship service?
Don’t be passively conformed to the pattern of the world. We use musical instruments, styles, and sounds that have a lot in common with the world around us, but we use these things for a very different purpose. Take the time, know your options, and make sure your means of licensing and distribution reflect the same purpose as our music: the glory of God though building his church.