compiled by Marsha Fensin

This guide is not intended to be a comprehensive summary of the Copyright Act. It does not attempt to deal with all the laws covered by the legislation, nor does it provide definitive answers to all of the legal questions. It is a guide to understanding the nature of copyright for the users of Jewish music, and to help synagogues, temples, day schools, camps and their musicians protect themselves from infringing the legal rights of copyright owners from the point of view of both secular and Jewish law. A complete copy of the United States Copyright Law and further information regarding the copyright law may be obtained online at http://www4.law.cornell.edu/uscode/17/ or by writing: The Copyright Office, Library of Congress, Washington, DC 20559.

WHAT DOES JEWISH LAW SAY ABOUT COPYRIGHT?

(This is taken from the Havah Nashira Jewish Songleaders website) Parnasa (livelihood) is a basic concept in Judaism. Our faith has long recognized that, while one can and should perform religious services such as writing liturgically based music, performing cantorial or songleading services, etc., for the community willingly, people do need to earn a living. Composers, songwriters and performers depend on income from legitimate sales of printed music and recordings. “One who derives benefit and the other suffers loss [is liable].” (Bava Kamma 20a) Another honored concept in Judaism is attribution. It is considered a great honor to report the words of another. “R. Eleazar further said in the name of R. Hanina: Whoever reports a saying in the name of its originator brings deliverance to the world…” (Talmud Megilah 15a) It is so important for Jewish organizations and institutions to show due respect to the creators and performers of Jewish music. This respect comes in the form of only performing authorized duplication of printed music, recordings, and other works; and through properly attributing all works to their creators. The creators of contemporary Jewish music want their music to be used, and all encourage the use of their compositions. While there is a recognition that strict adherence to Copyright Law might cause undue hardship or restrictions that would hinder the use of original works for worship, camps, schools, and other settings. It is the hope that we who are involved with Jewish music can find a way to balance the organizational need for fiscal responsibility using limited financial resources with appropriate respect for the artists’ need for parnasa, and for being properly known as the creator of their works. ( The items below have been adapted from the CCLI-Christian Copyright Licensing International- website)