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Copyright Guidelines for Branches Holding Hybrid Services in the US

Last updated May 19, 2023

Please review these Guidelines periodically for updates. The “last updated” date can be found at the top of the page. Capitalized terms are generally defined in the Definitions section below.

Many copyright Owners of Songs (music and/or lyrics), also known as music publishers, have been generous in allowing the free use of their Songs in Hybrid Services in the US during pandemic restrictions. Since these restrictions have been lifted, Owners are again expecting churches to obtain licenses to cover the use of their Songs in Hybrid Services.

This is a significant change, which impacts the way Branches need to think about their Hybrid Services in terms of copyright, which is the most complex aspect of Hybrid Services. It is now necessary to review what aspects of Hybrid Services a Branch wants to engage in, and to explore what licenses may be needed to enable a Branch to meet those needs. These Guidelines below seek to shed light on the various options available. While these Guidelines are lengthy, they are worth reviewing carefully to give Branches an informed perspective. 

These updated Guidelines replace the prior “Copyright Information for Branches holding Online Services.”

Note that some of the information in these Guidelines also applies to Services held solely in person. 

While these Guidelines are based on US law, they are not offered or intended as legal advice. Also, where these Guidelines provide information regarding the copyright status of Songs and certain other works, we cannot promise that such information is accurate or complete, especially since copyright eligibility, duration, and ownership can vary internationally based on factors such as country of origin, date of publication, or date of the author’s passing.

1. Definitions

“Branch(es)” or “you” means, for the purposes of these Guidelines, Churches of Christ, Scientist, Christian Science Societies, Christian Science Organizations, and Christian Science Informal Groups, listed in the Christian Science Directory.

“CSPS” means The Christian Science Publishing Society.

“Element(s)” means either the words or music, or both, of Songs. Elements also may include musical arrangements, particularly in the case of Songs where the underlying music is in the Public Domain. Unlike many popular songs, it is common for the words and music of hymns to be owned by separate Owners, or for either to be in the Public Domain.

“Guidelines” means these Copyright Guidelines and two additional sections: Music Licensing Guidelines for Hybrid Services in the US and Hymn Owner Index.

“Livestream(ing)” means the real-time creation and streaming of audio or video content over the Internet to a “live” audience. A Livestream can be recorded and Posted for later “archival” streaming, which is no longer in real time.

“In-Person Services” means Branch Sunday and Wednesday Services and Sunday School classes* which are held in the Branch’s physical location and not online or recorded.

“Hybrid Services” means Branch Sunday and Wednesday Services and Sunday School classes* which are either of the following:

  • In-Person and online via Livestreaming and potentially recorded and posted on an online platform, such as Zoom, YouTube, or SoundCloud, for viewing or listening by persons not able to attend the In-Person Service,

  • In-Person, not Livestreamed, but recorded and posted on an online platform for archival viewing or listening

*Please note that Sunday School classes should not be recorded for privacy reasons. However, Branches may hold private Hybrid classes which are held “live” in “real time.” Also, general issues related to working with minors in Sunday School are outside the scope of these Guidelines. If you have questions regarding the care and protection of minors during your Branch’s activities, please reach out to tmcbranch@csps.com.

“Owner(s)” means the owner(s) of copyrighted works other than TMC. Such works may include Songs, Recordings, and Bible translations and are referred to as “third-party.”

“Post(ing)” means uploading to or placing content on an online platform, such as a website, wiki, blog, discussion group, Social Media or other publishing platform.

“Public Domain” means a work of authorship which is no longer under copyright protection. There is no “international copyright law” that applies in every country, so copyright status must be analyzed in the relevant jurisdiction where the work is to be reproduced, distributed, performed, or displayed. These Guidelines are only applicable to the US. See Section 6 below regarding considerations outside the US. 

Note: Where these Guidelines refer to a work being in the Public Domain, such status reflects our belief based on our research regarding US copyright, is not guaranteed to be complete or accurate, and is not legal advice.

Hymn words by Mary Baker Eddy in English in the Christian Science Hymnal (all editions) are no longer under copyright in the US, and most other countries. Otherwise, we make no representation that other works, including hymn Elements which are identified as “Public Domain,” are actually in the public domain in the US or elsewhere, and we cannot guarantee that there are no third parties anywhere in the world who might claim rights to such works.

“Recording(s)” means sound recordings of Songs.

“Service(s)” without the qualifier “Hybrid” means both Hybrid Services and services which are solely In-Person.

“Social Media” means platforms, such as YouTube, Soundcloud, or Facebook, that give users the ability to provide broad public access to their content.

“Song(s)” means musical works used in Hybrid Services and includes both words and music in hymns, solos, preludes, postludes, and offertories. Songs might be reproduced in different media, such as in printed or displayed lyrics or sheet music, performances, and audio or video recordings.

“Sync License(s)” means synchronization licenses, which are required to use Songs in conjunction with moving images, such as film and video.

“TMC” means collectively The First Church of Christ, Scientist, in Boston (“The Mother Church”) and CSPS.

2. Purpose Behind Hybrid Services

Before exploring copyright and other legal issues involved with Hybrid Services, consider what your Branch hopes to accomplish with this activity.

Some Branches wish to provide a simple means for members and guests to remotely listen to Services in real time. 

On the other hand, some Branches want to Livestream Hybrid Services on the Internet (for example via YouTube Live, or from the Branch’s own website), or to record or archive Hybrid Services so they can be accessed later. It is important to recognize that all of this is considered “publishing,” which may require licensing from Owners of Bibles, Songs, and Recordings.

Branches that wish to record, Stream or Post their Hybrid Services, to play pre-recorded music, or to use digital conferencing formats or video formats, may need to obtain licenses in order to include copyrighted music owned by entities other than TMC. See Section 12. "Songs (words and music) and Recordings" below for more information

3. Personal Privacy

The laws in many states and countries require consent from participants whose recognizable images and voices are streamed or recorded. Branches are encouraged to learn about the privacy laws that apply to them.

Branches should also consider notifying their congregations at each Hybrid Service that the Service will be Livestreamed and/or recorded. (In some locations, the law may require that participants affirmatively consent to being recorded; simply announcing that the meeting is being recorded may not be sufficient.) Offering attendees space off-camera and/or off-microphone may help to provide a comfortable alternative for those who do not wish their image or voice to be captured in Hybrid Services. Branches may consider asking attendees not to record the meeting.

Besides the recording of names, voices, and facial features, the collection of contact information from members and visitors, whether In-Person or online, may be governed by local and worldwide data privacy laws. Branches should review how they are collecting, displaying, storing, and otherwise using personal data, and consider creating written policies governing their processing of personal data (see Regarding Privacy Laws).

4. Issues Related to Wednesday Hybrid Services

Because testimonies in Hybrid Wednesday Services are shared more broadly than in traditional In-Person testimony meetings, Branches may want to consider that Livestreaming or recording testimonies can discourage individuals from testifying.

Note that testimonies published in the CSPS Periodicals are verified and “ably edited” prior to publication (Church Manual, Article VIII, Section 14).

Similar care is taken with regard to TMC’s Wednesday online testimony meetings. For example, to protect privacy and avoid complexities of copyright licensing, TMC:

  • Only posts audio Recordings (not video) of its Wednesday online testimony meetings on its website

  • Pre-screens the testimonies selected for inclusion

  • Does not make Recordings available for download

  • Does not post the Recordings on Social Media where removing content can be difficult 

  • Does not provide transcripts or authorize republication of these testimonies, and

  • Takes down the posted Recordings after about 40 hours

It can be difficult for those new to Christian Science to distinguish between testimonies that are verified and published by CSPS and unverified testimonies published by a Branch. Accordingly, Branches may wish to consider not recording or posting the testimony portion of Wednesday Services, or omitting certain testimonies from their Recordings due to sensitive subject matter, private details, or possibly giving a misimpression of Christian Science practice.

For these reasons and the privacy concerns noted above, as well as to protect the sanctity and tenderness of the Wednesday Services, Branches that choose to record and post their Wednesday Services should consider:  (i) making them available only via streaming audio replay (not video or downloads), and (ii) taking the Recordings down within 48 hours. Finally, note that the copyright requirements for licensing of Songs and Recordings discussed below also apply to Wednesday Services.

Unlike the Sunday Lesson Sermon, Branch Readers’ selection and arrangement of readings from Bibles and Science and Health for Wednesday Services are not published or copyrighted by TMC. You do not need TMC’s permission to share them or display them in Hybrid Services. However, permission may be needed to use third-party copyrighted Bibles (see Section 9 below). It is good practice to take down Wednesday readings after a week, especially if taken from a copyrighted Bible. Wednesday readings can be exported from Concord, preserving the “printed from Concord” information if being shared in print or PDF formats, in accordance with its Terms of Service (see Section 3).

5. Recording Services in Audio or Video

Branches may decide not to record their Services in order to minimize legal obligations and licensing costs. On the other hand, if Services are recorded, it is highly recommended that Branches avoid distribution of copies and not offer recorded Services in downloadable formats.

Additionally, Branches may want to avoid Livestreaming or recording Hybrid Services, in audio or video formats, for the following reasons: 

  • Including images of people (and in some cases their voices) in recorded audio or video contexts may create privacy concerns and may be regulated under applicable privacy laws, as discussed above.

  • Using copyrighted Songs in video formats may require Sync License(s), which may be expensive and time consuming to obtain. For more information, see Music Licensing Guidelines for Hybrid Services in the US.

Note: Recording musical performances of Songs in Hybrid Services may create new “sound recording” copyrights, which musicians and soloists may have some rights in, as their performances contribute substantially to such Recordings. Ideally, Branches, musicians, and soloists should agree in advance in writing regarding the ownership and use of such Recordings.

Nothing in these Guidelines allows for any use of extracts from recordings of Hybrid Services for any other purposes. For example, hymns and other Songs performed and recorded as part of Hybrid Services may not be extracted for use in contexts other than Hybrid Services.

6. Considerations Outside the US, Including Use of Songs and Recordings

The laws and practices of different countries concerning copyright and related rights can differ significantly. For example, countries outside the US may: (i) recognize different types of rights and limitations under copyright, such as mandatory copyright, performer, neighboring, or related rights, (ii) prevent the transfer of copyright, or (iii) establish agencies for the collective administration of rights. Many countries outside the US also recognize “moral rights” of authors (rights of attribution, paternity, integrity and publication) which may apply even if the copyright has expired. Additionally, there may be applicable laws relating to personal privacy, online activity, making health claims in advertising, and even religious expression. 

It is possible that a work which is in the Public Domain in the US may still be under copyright in other countries; it is also possible that a work owned by TMC in the US may be owned by a third party in other countries.

These Guidelines do not address the laws and practices of countries outside the US, and TMC is not able to advise you regarding the laws in your country. Branches outside the US may wish to consult an attorney or other appropriate resources regarding the use and licensing of copyrights, including moral rights, the need to obtain licenses from mandatory licensing agencies, and other questions regarding online activities, privacy, data protection, constraints on religious speech or activity, or claims of healing and other laws that may be applicable to Hybrid Services. 

With respect to Songs and Recordings, many countries outside the US provide for mandatory “single source” music licensing. For example, PRS for Music is the source for Song performance licenses in the UK, and PPL is the source for Recording performance (playback) licenses in the UK. TMC recommends that Branches outside the US contact their country’s music licensing organizations to help determine which licenses may be required for Services (Hybrid or otherwise). A list of licensing organizations around the world can be found here. Specific information on music licensing in the UK is available here.

Consider discussing the following when your Branch communicates with music licensing organizations:

  • Publishing Services through Livestreaming, recordings, or both

  • Creating and recording Hybrid Services in audio or video formats

  • The online platform(s) your Branch wants to use for Livestreaming or posting recordings of Hybrid Services

  • Displaying sheet music and/or lyrics on the Livestreaming platform, on the Branch’s website, or in other ways

  • The performance of pre-existing sound or video recordings, during or in recordings of Hybrid Services

These Copyright Guidelines apply primarily to Branches in the US. However, they provide limited permission for Branches worldwide to use materials copyrighted by TMC, subject in all cases to applicable local laws and licensing requirements. Branches outside the US are encouraged to review the Music Licensing Guidelines for Hybrid Services in the US, which, while written for a US audience, may still provide useful insights.

7. Why the “Religious Service” Exemption under US law only goes so far

Under US copyright law, it is generally an infringement of copyright to reproduce, create derivatives of, distribute, publicly display, or publicly perform a copyrighted work without permission from the Owner. However, US copyright law also provides some helpful exemptions to the exclusive rights enjoyed by Owners.

The “religious service” exemption in US copyright law generally allows “live” on-site performances and displays of copyrighted works at religious services, without needing to get permission from copyright Owners.

However, this exemption DOES NOT include activities such as:

  • Recording or distributing Recordings of copyrighted works in Services in audio or video formats, and distributed in any media, such as archival streams, podcasts, Posts, downloads, CDs, or emails;

  • Publicly performing or displaying copyrighted works in Hybrid Services via Internet Livestreaming, Posting, radio or TV broadcasts; and

  • Reproducing and distributing copyrighted works to support In-Person or Hybrid Services, such as: (i) making print or electronic copies of sheet music or words for handouts, slides, transparencies, print bulletins, church websites, emails, or for accompanists or soloists, or (ii) making or distributing Recordings.

8. Identifying Copyrighted Works In Services

Several works used in Services may be under copyright, such as:

  • Bibles

  • Translations of Science and Health with Key to the Scriptures by Mary Baker Eddy

  • Christian Science Quarterly® Bible Lessons

  • Songs, and 

  • Recordings

While TMC is careful to obtain licenses to use third-party Songs and Recordings in its own Hybrid Services, the licenses obtained by TMC do not cover the activities of Branches, and TMC cannot license these copyrighted works to Branches. 

Branches must license some copyrighted works. Branches may need to devote time and effort, as well as some expense, to seeking licenses to use third-party copyrighted works. Please try to plan ahead, and be patient with Owners who have worked with TMC to supply Songs through its products. Many Owners cannot respond quickly to requests, and may require requests to be in writing.

Branches may use TMC-owned works. Branches may include copyrighted works owned by TMC in Hybrid Services as described in these Guidelines. However, as mentioned above, any required licensing needs to be obtained for third-party materials, including Song Elements belonging to Owners. Note that TMC may own copyrights in the US which are owned by third parties in other countries, so Branches outside the US are advised to contact relevant licensing authorities in their jurisdictions to learn about any additional licenses and/or registrations that may be required.

Unless a use is specifically authorized by TMC in these Guidelines (or in other relevant guidelines posted by TMC), Branches should seek licenses to use copyrighted materials directly from TMC, or from Owners or their authorized agents, such as the performing rights organizations or the private music licensing companies that are discussed in Music Licensing Guidelines for Hybrid Services in the US.

For information regarding the use of TMC content on Branch websites and in Reading Room displays, other than for Services, please see: https://www.christianscience.com/legal.

Public Domain. No permission is required to use materials in the Public Domain, unless access to such materials has been obtained under an agreement restricting use. 

NOTE: These Guidelines provide information regarding the copyright status of hymns from the Christian Science Hymnals (1932 and 2017), but we cannot promise this information is accurate, complete, or up to date.  

9. Bibles

Although the King James Version is in the Public Domain in the US, many English and non-English Bibles are under third-party copyright. Most Bible Owners provide guidelines for using brief passages without having to contact them for permission. These Bible use guidelines are typically found on Bible Owners’ websites. Bible use guidelines may not authorize certain uses, and Bible Owners always require specific forms of copyright credit.

Based on these Bible use guidelines, US Branches may use Bible passages in the ways permitted in the section, “Christian Science Quarterly® Bible Lessons,” below. Other uses of copyrighted Bibles, such as Wednesday readings from copyrighted versions and uses outside the US, may require permission of Bible Owners. Branches should review the Bible use guidelines mentioned above.

When Bible passages (other than from the King James Version) are spoken, it is good practice for Readers to mention which Bible version is being quoted. Branches should display copyright notices in Hybrid Services for copyrighted Bible quotes that appear in the weekly Christian Science Quarterly® Bible Lessons or are read in Wednesday Services.

10. Translations of Science and Health with Key to the Scriptures by Mary Baker Eddy

For services conducted in languages other than English, Branches are expected and permitted to use the authorized translation of Science and Health, per the Order of Services as found in the Manual of The Mother Church. This includes passages from Science and Health contained in the Christian Science Quarterly® Bible Lessons (see Section 11).

 Science and Health in English is in the Public Domain. Posting brief excerpts on Branch websites, in emails, and on Social Media is fine, although please honor Mrs. Eddy’s request regarding excessive quoting (Manual of The Mother Church, p. 43:13–17), and always provide author and source attributions, along with copyright notices for translated editions.

11. Christian Science Quarterly® Bible Lessons

The Christian Science Quarterly® Bible Lessons (“Lessons”) are copyrighted by CSPS in English and other languages. Note: Lessons published by CSPS in audio formats are not authorized for use in Hybrid Services.

Branches may use the text of the Lessons under the conditions listed below. 

  • Livestreaming as well as audio or video recording the Lessons only as read by a Branch’s Readers in full Sunday Services. Branches may not record Lessons for any other purposes.

  • Posting such audio or video recordings of full Sunday Services on Branch websites, YouTube, or Soundcloud for up to one week after the Service

  • Displaying the Golden Text and Responsive Reading in English on slides in Hybrid Services. 

    • Branches doing so are asked to create their own slides by copying and pasting the text (no images) of the Golden Text and Responsive Reading from the Digital Edition of the Quarterly or Concord; you must include in your slides the copyright notices and attribution for any Bibles other than the King James Version, that are included in the Digital Edition. A subscription is required to access the Lessons at this site.

  • Displaying the Golden Text and Responsive Reading on Branch websites and Social Media platforms, and in promotional or advertising materials (including emails), to promote attendance at the upcoming Sunday Service. 

    • Please retain all applicable copyright notices as displayed in the applicable Lesson, including for any third-party Bibles. 

    • Please take down the Golden Text and Responsive Reading within a week after the Sunday Service.

Except as stated above, no permission is given to reproduce, distribute, or display the full text of Lessons in the context of Services.

12. Songs (words and music) and Recordings

Music is the most complex aspect of Hybrid Services, and the use of third-party copyrighted Songs and Recordings requires licensing. For more information, see: (i) Music Licensing Guidelines for Hybrid Services in the US, and (ii) the current Hymn Owner Index for the 1932 and 2017 Hymnals.

13. Contact Us.

If you have questions after reading these Copyright Guidelines, please email musicpermissions@csps.com.