Nick Clarke from Guildford in the UK asks:
“As a drummer in a music group playing in worship services where we also cover some secular songs, I see how well they are often received by congregations. I am a big fan of a couple of secular songs which I believe can be adapted with some small changes in the words to give them a real Christian flavour and feel.
I would like to know the legal position regarding copyright and royalty entitlement if for instance we recorded these songs with small changes for commercial gain – clearly acknowledging the basis of the original song and the songwriters – or performed them in say a festival environment i.e. receiving payments and sharing them with the original songwriters. I heard Chris Evans speak recently about artists “changing a word and taking a third (1/3rd)”.
I am not expecting worldwide hits (!) but would like to be clear (and responsible) about any right or obligations that would go with such a recording / performance.
I would be grateful for any help and advice you can provide. Keep up the good work with the newsletter – especially the drum sections and content!”
Basically Nick, you can’t make any changes to someone else’s work without the permission of the owner regardless of whether it is for commercial gain or even just for a time of worship. The owner has economic rights and moral rights which protect him/her for acts such as this. If anyone was collecting 1/3 royalties it would be through a fixed contract with the copyright owner.
It’s also worth noting that unless stated in a contract the ownership of the new work with new words is with the original owner.
Other posts you may find helpful:
Ask the Expert – Is burning CDs from iTunes legal when used for educational purposes?
Ask the Expert – How to copyright and licensing songs I have written