The Legalities of Streaming and Licensing

by Cantor Robbie Solomon

Many of our congregations engage in the wonderful practice of streaming their services so that people who are homebound or relatives of B'nai Mitzvah who are far away can enjoy seeing the services live as they happen. With the proper linkage those non-attendees can be there virtually and share in the warm atmosphere of the live event. The internet has a world-wide reach, so that, for example, people in Australia can witness services that take place in Iowa. Furthermore, since the service is projected via a digital camera, there will be an archival copy available for future viewing and listening.
 
Unfortunately, that brings up a complication to this practice, which involves copyright concerns. While live services conducted in a sanctuary are exempted from paying copyright royalties, streaming is not exempted. Because streaming is in effect a broadcast of the service, which can be accessed and copied, it is subject to copyright regulations. That means that compensation must be paid to the creators of any copyrighted material, including settings for prayers, special readings, or music used in the service.
 
Obviously, this presents a very difficult task for congregations to identify, then locate the owners of all these copyrights, and finally to pay whatever the individual license requires. But Jewish congregations do bear a responsibility to act ethically in this matter.
 
Several years ago, Transcontinental Music Publications signed with OneLicense.net so pieces that are copyrighted and registered through TMP can be licensed through OneLicense.net for both streaming and worship outside of a sanctuary. These licenses are available on their website. When a congregation purchases a license and reports the usage of music, congregations pay the proper royalties and TMP will distribute the funds to the composers and writers whose works are being used.
 
While TMP's agreement with OneLicense.net covers TMP published works, many Jewish composers are not part of that arrangement. To be sure congregations are paying proper royalties, it is encouraged that they also purchase licenses through ASCAP and BMI. All of the systems are relatively inexpensive and simple to use. For composers who are not registered with any of the overseeing agencies, individual agreements are encouraged.
 
At both the 2013 and 2015 URJ Biennial, legal experts in copyright have presented workshops and created an FAQ document that answers many of the legal questions surround fair usage of copyrighted material. This is a complex and ever-changing segment of the law and the ACC will do our best to keep you updated regarding changes and best practices.