The above news clipping fortunately is fictitious. However, if musical publishers wanted to press for action on this growing common practice, it would not be difficult to locate sufficient evidence. Publishers of music are initiating programs to alert the public to this widespread immoral habit of reproducing musical scores, hymns and lyrics.
Consider a certain composer's disappointment upon seeing a stack of 50 photocopies of one of his five-page anthems ready for a choir to use.
Consider the compounded unethical action of a particular choir member who uses the office photocopier to duplicate sufficient copies for the church choir. Furthermore, she improperly uses the equipment and supplies of her employer, as well as steals the time it takes to perform this task on her employer's time. When she was questioned about using these photocopies in the choir, she flippantly remarked that they could be hidden behind folders. Besides, who would know?
Consider the publisher, the bookstore manager, the distributor, who are being robbed of a fair livelihood from their labor in preparing and selling printed music.
Similar situations can be found in hundreds of churches and schools. There is clear evidence of a serious fault in moral perception! Church members actually are breaking the law by stealing from copyright owners and producers.
The situation is contradictory. These same churches will order Sunday School manuals, and will have no qualms about paying for them. They pay the contractor, electrician, painter, and many others for their services. Churches do not hesitate to give honorariums to choir directors, evangelists and preachers. Is it not strange that hymnbooks, choir anthems, and musical scores fall into another category?
The U.S. copyright law is clear and definite. It grants to any writer, musician, artist or publisher the exclusive right to his own material. He alone has the privilege of reproducing his own works. If another wishes to incorporate it in some other production, permission must be obtained from the owner.
The copyright law is intended to protect the author, so that he is able to profit from his own labors. To copy and reproduce another's work is plagiarism and thievery. Authors write to live; musicians compose for inspiration and profit; publishers produce these works to sell for a profit. Reduced to the most common denominator these artists labor to make a living by their skills. The U.S. Congress, therefore, has sought to protect them.
Publishers of sacred and church music long have been concerned about the violation of duplicating copyrighted music. The increasing availability of various photo copiers has proliferated this easy duplication.
Donald Hinshaw, of the Carl Fischer Company, declared in a recent convention of the Church Music Publishers' Association that the churches are breaking the Ten Commandments as well as the civil law by buying one copy of an anthem and then reproducing enough copies for the entire choir. Hinshaw announced that his company is ready to prosecute for infringing on copyrighted music.
Echoing this concern, William J. Reynolds, representing Broad man Music of the Southern Baptists, wrote that there is an increasing concern by publishers to seek ways to stop this illegal practice. It is altogether possible that a lawsuit or two would show to all that publishers mean business.
Publishers, furthermore, are concerned because they have made commitments to their artists and composers. There is a simple business angle to the continuance of music publication.
"Looking at the problem from a very simple business viewpoint," says R. W. Stringfield, of Lillenas, "the publisher today cannot long continue to invest as heavily as he must in new manuscripts, printing, royalties, promotional costs, etc., if his potential market is reduced by promiscuous copying to just an occasional single copy sale. The publisher is dependent upon volume distribution."
Word Records' publication director, Charles F. Brown, points out that publishers have a responsibility to their authors and composers. He referred to the contracts publishers make with writers "in which we promise to protect them and their interests" in their music.
"In effect, our composers entrust the overseeing of the distribution of their music to us and we feel we have a definite obligation to these men," Brown says.
Obviously the problem is greater than the dollars and cents stolen from composers and publishers. The concern relates to ethical and moral matters. All publishers agree that something must be done to awaken consciences of both choir members and directors. They plead for moral sensitivity and spiritual discernment.
It is evident that publishers hesitate to press charges against offenders. In fact, one stated that it would be bad for business. Even though they are reluctant to prosecute, the situation is getting to be so serious that measures are being formulated to halt this malpractice.
The Church Music Publishers' Association, made up of the leading religious music publishers, has created a legal fund and a department which is organized to investigate infringements.
"We are now prepared to put some teeth into this matter," states Hinshaw, "for we are strongly convinced that the only way to stop it is to prosecute with all the publicity necessary."
He adds, however, "We hope that this never has to be done."
Since publishers are dependent upon sales to keep in business, Stringfield points out the dire situation—particularly with smaller companies.
"It is likely that some independent publishers will have their patience stretched to the breaking point, and will bring suit one of these days," he says.
Another publishers' organization, the International Gospel Publishers' Association, was formed about a year ago to at tempt to correct this situation. One of the founders, Hal Spencer, of Manna Music, says they have formulated a fourfold plan:
1. They are advising all publishers to add a notice to the bot tom of musical scores and books stating that to duplicate copy righted music is illegal and punishable.
2. They are advising music stores and retail outlets to remind anyone buying single copies of music that any form of duplication is illegal.
3. The Association will notify those who have illegally reproduced copyrighted music of their violation of the law, and will ask them to destroy all duplicated copies, or, in some cases, they may request financial compensation for the music.
4. They are ready to bring legal proceedings against those who have violated the law. This approach seems fair enough. It warns those who may be ignorant of the law, yet gives an opportunity to correct the situation without embarrassment. It is important to note that l.G.P.A. will press for drastic action if necessary. Spencer pointed out that this Association will be able to take action on a broader level so that any one publisher will not need to risk his own reputation.
Where can the finger of accusation point? Who is to blame for this carelessness?
"Maybe we have done a very poor job of educating the public," Reynolds says, "particularly music teachers, music leaders, and church choir directors, about the meaning of the copyright law and its implications. In all my years of music education both at the undergraduate and graduate levels, no teacher ever explained this problem. Many teachers were themselves guilty of infringement."
This could possibly be the area in which to begin to solve this problem. Another area involves the ministers and their influence. "Ministers need to be informed, since they are responsible for their local churches," Hinshaw says. You can refuse to use, or allow to be used, any form of duplicated music illegally produced. Choir directors and ministers must assume the greater responsibility to warn and stop this malpractice.
You should destroy all copied musical numbers regardless of the duplication process used. This should include song sheets and/or chorus sheets used in song services.
If alterations or new arrangements of copyrighted music are made, the arranger must obtain permission from the owner. Such a request is seldom denied.
And last, each church and school should allow sufficient money in its music budget to purchase adequate musical scores for necessary choir and church use. The Christian should be aware of the law and should conscientiously uphold it. Don't be guilty of breaking the law while piously singing praises to God!
