A friend of mine has asked me what to do about 'illegal' recordings of his organ recitals. It seems that some chap often takes a recording without permission, even trying it out by playing a bit back as he leaves the church.

This is not, per se, illegal, as the Copyright Act specifies that recordings taken for private use are permitted. ('Private' use is very closely defined in case law and really means what it says.)

However, there is nothing to stop those organising the recital from making it a condition of attending that recordings are not permitted under any circumstances. Notes to this effect appear regularly on the programmes of well-known organ recitalists and in concert halls. If someone breaches that condition you simply terminate (on the spot) his or her licence to occupy the building for the purposes of attending the recital.

Getting church folk to enforce this might be difficult, especially at weddings, which is why I have suggested another way of approaching the video fee issue. Nevertheless, there can be no objection to prominent notices, stating that recordings are not permitted under any circumstances, and banning people from attending who breach that condition of the ticket sale, or condition of attendance, if there is no ticket sale.

Barry Williams

Thank you for that clarification Barry.

It can be very distracting for a recitalist to know that an unauthorized recording is being made. I suppose, however, that it is still quite easy to make a covert recording.

I have found this to be a major problem at weddings, and in some cases even funerals, where audio and video recordings have been made without my permission. In one case the couple had promised there wouldn't be a video recording, and then had a professional one made which was going to be distributed to other guests with no extra fee to me.

David

This is totally unacceptable and should be stopped by the incumbent.

In respect of the extra video fee I suggest that you charge an increased fee for all weddings and state that this includes all PRIVATE video recordings. (i.e. where the couple own the copyright.) This obviates the need to try and collect an additional fee after the event.

Barry Williams

Slightly off topic, but can I say how nice it is to have you back, Barry? I for one, always welcome your insightful comments and your legal eye.

Hear, hear!

Thank you for your kind comments.

BW

Sorry to bring this topic back, but i figure it's the best place.

At my church we are launching an organ appeal to have various work carried out, and as part of this have decided that we would like to put out a cd of Advent/ Christmas organ music, charging in line with present 'budget collections.'

What sort of copyright would need to be sought? Does it only apply to pieces of a certain age? Who are the applications made too?

MCPS I think - for pieces where the composer/author/arranger is still alive or has been dead for less than 70 years...

See here: http://www.mcps-prs-alliance.co.uk/musicfo...M/Pages/LM.aspx