I could be wrong, but it seems to me that the ritual texts contained in the ELCA Book of Worship are under copyright and administrated by Augsburg Fortress Press.

Jeffrey, thanks for raising your voice on this important issue. (I hope your name is not on their "watch-out guy list.") Is it ok if I forward this link to see whether our archidioce news paper is interested in featuring it in their news paper.

Here is my draft of a letter... (not copyrighted, so anyone can use it free of charge and modify to suit yourself! heh). I haven't sent it yet, so it you see anything that I don't have quite right, please let me know... my email is: j_gorbitz at yahoo dot com.


Dear Bishop N.:

I had the great pleasure of meeting you at the midnight Mass on New Year’s Eve at N. Parish just a few short weeks ago. I’m writing to you now to ask for your assistance on an issue that is of concern to me and many other musicians in the Church. With the coming of new missal texts for the liturgies, the question of ICEL copyrights on the text is at issue. I think the question comes about especially now because of the many advances in technology that have occurred in recent years.

Particularly in the area of musical settings intended for use in the liturgy, a copyright of the text itself has many (I believe, unintended) unfortunate results. In the current translation we find that many musicians will change the words of the intended text in order to avoid paying the ICEL fees (see Mass of Creation, Lamb of God setting for an example). Another result of this situation is that, Catholic musicians who would like to compose Mass settings for use by others for free (posted on the internet) cannot do it until the national conference has approved the entire Missal without violating copyright laws, since ICEL owns the copyright on the text itself. It will also make it very difficult for non-profit groups, such as the Church Musicians Association of America (CMAA) to put out printed collections of these free compositions. The burden of complying with the copyright rules and costs is too great for small, non-profit volunteer organizations.

We are at a crossroads now. Every day, in my communications with other musicians who are working to improve the music in the liturgy of Catholic parishes, I see an enthusiasm and a truly grassroots effort taking place. The people who are making gradual improvements are, in many cases, volunteers like me who pay for their own training and volunteer their time to direct choirs and scholae around the country. We are working to re-integrate truly Sacred Music into the liturgy as the documents of Vatican II intended. We do not have the resources to deal with ICEL as a publisher like GIA or OCP does. Our compositions wouldn’t be printed with the intention of making a profit, ever. These compositions are simply being made out of love for the liturgy and a wish to improve the beauty of the liturgical music. We have the opportunity now to change the future of liturgical music in the United States for the better.

Can you assist in asking that these texts be made part of the public domain? This would encourage musicians to use the actual texts (without creative revisions) as intended for the liturgy. It will also make possible a very generous sharing of creative talent among Church musicians with one another, toward the betterment of liturgical music around the English-speaking world.

I am enclosing a printed copy of a column published online at www.InsideCatholic.com . InsideCatholic was formerly Crisis Magazine before they began publishing exclusively online. This column gives more information about the issue at hand.

Sincerely,

N.
N. Schola
Volunteer Director

Only one clarification. ICEL has clarified recently that people can post the current texts online for free download. This was news to many, and it resulted in Dom Columba having posted. If, however, someone wants to pay to have it bound and mail, the institution or person who did the binding and mailing owes ICEL royalties.

The related dispute that ICEL has with musicasacra.com concerns our desire to post musical settings of the proposed new Mass texts. They have invoked their copyright over those texts as a way of forcing us to wait until the national conference as approved the entire Missal. They urge us to share settings via email rather than public downloads. GIA is doing the same. The idea of waiting is to have GIA, OCP, etc. make their settings available at the same time.

This is why the sung Missal posted on this forum had to be taken down.

excellent and better

Janet, thank you so much. It's's beautifully done and shows your humble and honest concern.

yes, "Preach the Gospel free of charge. Don't abuse your power in the Gospel.' I Corinthian 9:18. It struck me right there.


"The idea of waiting is to have GIA, OCP, etc. make their settings available at the same time."

We all know too well that when this happens parishes in US will be flooded with GIA and OCP settings again.

Does this idea have any merit? The Anglican Use translation and the proposed new Novus Ordo translation are almost identical, save for the Tudor pronouns and a word here and there. The AU is (unless I am mistaken) public domain. So, we could write and disseminate 'practice' compositions using the AU translation and simply change the appropriate words when the new translation becomes a reality and these copyright problems are overcome. Comments?

Well, we could compose music and use a cipher for the text. All letters moved forward one position.

A = B
B = C

all the way through to

Z = A.

Praise the Lord = Qsbjtf uif Mpse

Gee, this doesn't work for right brain dominating person. Ok I'll get my husband (left-brain person) to figure this out. (or is it the other way around?)

For that matter, we could post the music with every other word blanked out or provide bogus letters with a key up top.

but honestly! why should we have to engage in all this ridiculous nonsense? these composers are offering their music for free in the service of the faith! I refuse to act like an underground Church in Maoist China or something. It is absurd. This is why i think open discussion is better.

someone somewhere offers an argument that I entirely missed: the U.S. government puts ALL of its publications in the public domain, a practice which no one questions and which works very well and is done in the public interest.

I can't believe that I missed the chance to make that point! The Catholic Church should be at least as public spirited as the state, for goodness sake.

miacoyne:

If you stick with the latin, its all public domain.

I feel the same way that you do, Miacoyne. Our parish priests and bishops are there to be our spiritual fathers, aren't they? I know the poor men are far too overworked, overtaxed, but it seems as though they're too caught up in bureaucracy and politicking than they are in our faith lives and the state of our parishes. If I can't trust these guys to keep the faith, who can I trust? It's things like this simony stuff that makes it look as though the Catholic hierarchy in America is just completely falling apart.

What would happen if this stuff were posted and circulated as is? No futsing the texts, just put it out there and get it circulating. It would force ICEL and GIA to take legal action or just ignore it. It would also force them to not just legally (which with the "right" attorney they could manage) but also morally (good luck with that) justify their actions and treatment of legitimate composers attempting to live out the "spirit of Vatican II".

Let 'em choke on that like Momma Cass on a ham samich!

miacoyne,

I know this is going slightly off-topic for the thread, but AMEN to what you said.

I've been trying in my own small, quiet way (ok, I'll wait for the snorts and giggles to die down . . . yes in real life among the staff in my place of work I'm extremely careful of how I present things . . . ) to let our "pastoral" staff know that, as the various "crises" and clouds of despair continue to thicken, darken and broaden, what our people need is bread, not stones. All of the talk of $$$, etc. only confuse, anger and scatter the faithful. We need to be prepared to teach the people the Truths of the Faith, and the disciplines of that same Faith, beginning with the liturgy.

Save the Liturgy, Save the World

Mia, I know how you feel. I get it here too, quite often, although the situation is quite different in the Netherlands.

'It seems that Aristotle is working on a work around here that is incredibly dazzling. Let's give it 10 days or so.'

I hope so. I really don't think we should do anything that confront our Bishops directly. All the pains and sufferings we can endure, but we are catholics, we obey. But at the same time, we can help our priests do things in the right way in implanting what the Holy Church asks.

St. Catherine of Sienna (happen to be my patron saint), she wrote to the Pope to move back to Rome, she helped, didn't do anything rebellious againt the Church. Mother Teresa started a new order without breaking the church's rule, even if bishops and other sisters didn't give the permission for a long time, she waited,didn't give up and pursuaded them, and finally she got to do what she was asked to do from Jesus. But she asked for the permission from the Church. This is very important. I'm a church musician. The spirituality is more important than anything in making music in church, more than my artistical skills. Musical skills are just tools, necessary ones, but spirituality is the core of my music.
One thing for sure is that all the musicians here have good intentions, and we try to help our Church. We don't want to be recognized as rebellious musicians.

As far as I'm concerned, it's a matter of working within the guidelines.

Remember that we're dealing with two separate issues here. On the one hand, we have the new translation of the ordinary of the Mass which is awaiting the go-ahead from the BCL.

If the BCL has delegated certain administrative power to ICEL (which they have), and ICEL has restricted posting of pre-approved texts online (which they have), but has allowed for dissemination via e-mail (which they have), then it falls to the people who want to share these over e-mail to find a way to share these over e-mail. Which I believe we have (finally).

The solution, which is automated (no manual e-mailing is required at all), requires a subscription to an e-mail list. Once subscription is confirmed, the recipient will receive these settings directly in his inbox. The subscription form is an HTML template, which may be placed on a website, but -- and this is important -- the dissemination of the settings takes place via e-mail exclusively.

Similar solutions, while e-mail based, would have required the recipient to click through to a website -- unacceptable by ICEL's prerelease restrictions. This e-mail solution allows file attachments of a certain size -- therefore, no linking to FTP or HTTP servers is required.

I believe this solution to be in complete compliance with the ICEL web embargo on these texts.

As far as the revised Grail translations go, those are not on my radar and are a separate issue entirely (as far as administration is concerned). This would be good to remember (and I need to remind myself of this from time to time).

Anyway, stay tuned.

Yes, two separate issues issues indeed:

1. The method used to distribute music set to proposed texts (work around coming)
2. The tendency to copyright ritual texts and charge royalties (the larger issue, and the root of the problem)

Remember that the activities of this list has already brought concessions from ICEL that led to the posting of three complete English propers sets. The world would otherwise be without those were it not for the writing about this issue.

Remember:

Obedience does not mean we should follow blindly. We should always bring concerns to the proper authority. If they are truly concerned about doing what is right, well, as the scripture says, "Wisdom is found in the counsel of many advisors." We are the advisors of sacred music. And in the face of so much 'bad' music and 'bad' liturgy and the abuses that even Rome speaks about herself, we have an obligation to correct the wayward. If we are commanded to be silent, well, then that would be an entirely different issue.

"What the devil is going on in this discussion group these days? Whatever happened to honesty, respect, and obedience? This sounds more like the bleatings of a schismatic group than reasoned arguments of devout Catholics."

You are wrong on this, prstf. You need to read to the letter of Cardinal Arinze (when he gave final approval for the new translation). We are bound to obey Cardinal Arinze in this matter. As Catholics, we are bound to obey his commands. What ICEL has said is that the CMAA cannot post settings or recordings of the new translation of the Ordinary of the Mass. Just for instance, they said CMAA must take down recordings and scores of the "Lord, have mercy," even though this is a public domain text, and ICEL has acknowledged this. They have no right to do this. You need to re-read your sources, prstf. ICEL (which is not a Church-authority) has no right to do what they are trying to do. That not only contradicts Cardinal Arinze, but it also contradicts the copyright laws of the United States of America.

"Should the USCCB grant permission to publish now, they might actually open themselves to lawsuits if any change should take place."

No, you have it backwards, prstf. The texts are already available online. Go to the USCCB website. They are right there. It is not a question of texts "leaking out." Again, you ought to have done your homework before you made some of the accusations above. You have it backwards. ICEL is threatening people who set a public domain text with a lawsuit.

"The words are posted for free at the USCCB website."

That is the whole point, prstf.

As someone has pointed out in another place (I think) they are doing this because they don't want any competition from the CMAA when the release of the new translation happens. It has nothing to do with "obedience." As a matter of fact, some of the things they have done have directly contradicted what Cardinal Arinze asked. They have a lot to answer for.

Thanks, Aristotle and Jeffrey, for taking time and helping us and our Church.

Today's reading was on Adam and Eve's 'happy fall,' which led to bring our Redeemer. It's so comforting to remember God is almighty, and helps those who help themselves.

Jules Van Nuffel recommends that I “ ought to have done [my] homework before you made some of the accusations above..

So here are the references I cite:

Cardinal Arinze's Letter
Order of Mass White Book (USCCB)
U.S. Copyright Law
Publication Policies of the ICEL

1. Authority for the ICEL to manage the copyright issues with regard to the translation is clearly given in numbered paragraph 2 of Cardinal Arinze’s letter: JVN says it well: “ We are bound to obey Cardinal Arinze in this matter. As Catholics, we are bound to obey his commands.” There should be no doubt, then, that the ICEL is the responsible authority for all of these materials. Cardinal Arinze himself confirmed that.

2. JVN further states: “ ICEL is threatening people who set a public domain text with a lawsuit.”
a. I have seen no published threat of a lawsuit. Please publish the source if you will be so kind.
b. If reference is made to the request that certain materials be removed from a website in accordance with an existing agreement and/or ICEL policies, that seems a fully legitimate request.
c. Regarding whether the new Novus Ordo White Book is in the “Public Domain” please look at it again and read the words at the top of each page. The phrase “All Rights Reserved” by US and international law covers derivative works including musical settings.
d. If you will check the ICEL Publication Policies (p. 11) you will note that a number of translations are listed with the annotation: The texts, whether in their original form (1975) or as revised by ELLC (1988), are in the public domain and as such do not require permission for reproduction.” A recently published article inaccurately listed the “Kyrie” as being among those forbidden by ICEL. Please note that the Kyrie, along with the Lord’s Prayer, Apostles’ and Nicene Creeds, and numerous others are explicitly acknowledged as public domain in the ICEL document.
e. Note that there is no law of any sort that prohibits a person from setting texts. Copyright prohibits the performance, publishing, or sharing that setting with others until approved.
Essentially, there is nothing prohibiting people from working on their settings for the new translation of the Mass. What is legitimately prohibited by the body entrusted with that authority is the publishing of those settings until authorized.

3. The next generalization is that “ [T]hey are doing this because they don't want any competition from the CMAA when the release of the new translation happens.” Humbug. They don’t care if you write your materials now in preparation for a later release. They merely want you to withhold them from publication until three criteria are met as stipulated on p. 26:
a. [T]ranslations have been approved by the Conferences of Bishops
b. [H]ave received the recognition of the Holy See
c. [T]hey have been promulgated for use on the date established by the Conferences of Bishops.
At the moment we await the third of these conditions to be met. If you finish your setting before that date, you can be ready to publish it once approval is given and thousands of parishes can have it on their laser printers long before established publishing houses can mail theirs out.

4. Regarding this entire question of “Pay for Prayer” there has been a large quantity of misinformation posted. Those same ICEL Publication Policies state in several places that any of their work, upon meeting the three criteria listed in 3a-c, may be posted “...on the global computer network commonly known as the Internet without obtaining written or oral permission” provided that several conditions are met, including that there MUST BE NO CHARGE, that ICEL copyright be acknowledged, and that the texts be followed exactly.

5. I received an email today from Jason McFarland, Assistant Editor at ICEL confirming these facts. In his note he included the following:
1. ICEL does not charge royalties for non-commercial (not-for-profit) use of its texts, i.e., as long as a publisher (print, Web, recordings, etc.) does not charge customers for items containing ICEL text...

Bottom line is that there has been lots of smoke generated incorrectly here and on other Catholic-oriented websites. The ICEL charges only those who would make a profit from the Mass parts. I find it more than merely acceptable that that should be the case.

Indeed, even at that the fee is small. If, for example, you set a Mass, the ICEL component (the words) would be about half of the item (words + music). This puts you in the 4.5% category. Printing 1,000 and charging $10 per copy means you gross $10,000 and your contribution to the ICEL is $450 and you net $9,550 for your time and for cranking the handle on your mimeograph machine. Which of you is ripping off the local parish church?

On the other hand, if you simply wait until the Conference of Bishops gives its approval and you publish your setting on a no-cost website, it is free from royalties to ICEL, free to the parishes, and it enriches us all.