Legal Letters from the USCCB
  • ServiamScores
    Posts: 3,180
    Anyone else getting letters from USCCB legal counsel over copyright? (Asking for a friend.)

    It has come to my attention that I'm not alone. I'm wondering how many of us there may be. Feel free to send me PM's to remain discreet.

    For the curious: the tl;dr version is that the USCCB legal team noticed my psalm settings and wasn't thrilled that I didn't have the requisite license. Now we are wading through that whole debacle. All my psalms (and gospel acclamations, because wouldn't you know it: you have to license those too!) have been pulled and I'm just going to pay the fine and wait until the new lectionary drops before seeking official approval for a complete (and revised) psalter. A colleague of mine was apparently threatened legal action over the fact that their parish posts worship aids to the parish website for people to view during the livestreams. The whole thing feels surreal.

    We are trying to set up a zoom call with someone from the USCCB to get more clarity on just what, exactly, we need to be doing to seek proper approval since the whole process is so opaque, and the only formal indications are in the Appendix IV of a document that isn't even obviously related to music. I have offered USCCB legal counsel to help draft a simple step-by-step guide for composers to make it easier for people to come into compliance. We'll see if they entertain the idea. I might have to do it on my own anyway.

    I'll report back with another post for the benefit of all after I've received some further guidance.

    As to whether or not requiring licensing fees for mandatory translations of the bible is literal Simony, I'll let you be the judge.
  • It's deeply troubling. I look forward to your follow up.
  • davido
    Posts: 1,150
    To quote an apostle, “The love of money is the root of all evil.”

    For those who will follow this thread, please understand why this is happening.
    USCCB will say this is to protect text integrity, but that is not the real reason.
    USCCB is protecting its income stream drop because Catholics are ditching the junk music of GIA and OCP who promoted serial predators like David Haas, and are utilizing the offerings of faithful Catholics like Serviam. No sane person thinks Serviam is changing the Bible.
    USCCB wants you to PAY TO PRAY.

    Shame on them.
  • Liam
    Posts: 5,464
    Compare that to the generous and dare I say evangelical treatment of the Book of Common Prayer, for which no permissions are required for congregational use.

    See No. 9 here: https://www.churchpublishing.org/rightspremissions

    The more it's about money than conformance the more it raises the issue of simony.
  • ServiamScores
    Posts: 3,180
    Liam, I raised precisely this model to my bishop as an example of what (I believe) we should do.
    Thanked by 3Liam CHGiffen tomjaw
  • Diapason84
    Posts: 140
    The USCCB is also really pathetic when it comes to, say:
    -- evangelizing about the Real Presence in the Eucharist, and
    -- standing behind TLM attendees in the US, many of whom are under siege from their bishops.
  • Jeffrey Quick
    Posts: 2,193
    And "textual integrity" means conformity to capitalization, even if the word is a reference to the Word.

    I have a few things in English I'd like to self-publish, written in a fit of Stockholm Syndrome and in lust for money. One got rejected for "light and transient causes" so I rewrote it using a combination of public domain sources. But it wasn't a liturgical text, so I could do that. I had 2 Mass settings that I hoped to get a publisher to do the heavy lifting on, but apparently nobody wants new Mass settings (since they haven't learned the 18 the Church gave them to sing).

    So I'm done with the USCCB's liturgical texts and their Short Bus Bible. If the ancient universal language of the Church won't do for you, it's not my problem. I'm aware that sounds perilously close to "non serviam", but it's more like "Servus tuus non sum." I'm not ruling out devotional texts in English, or settings of Scripture in a PD translation.

    Just out of curiosity, are there national conferences of bishops with a non-simoniac relation to their vernacular translations? I'd rather set the Proper in Polish at this point, and I don't speak a word beyond "dupa".
  • GambaGamba
    Posts: 641
    [Asking just out of curiosity, and without respect to the injustice of the policy]

    How steep are the licensing fees, and how are they calculated?
    Thanked by 1tomjaw
  • ServiamScores
    Posts: 3,180
    yet to be seen. I'm as anxious to know as you. lol
    Thanked by 1tomjaw
  • Liam
    Posts: 5,464
    Thank you for your service.
    Thanked by 1tomjaw
  • Liam
    Posts: 5,464
    Jeffrey

    You are free to consider eligible cognate excerpts from ... the Book of Common Prayer....
    Thanked by 1tomjaw
  • Don9of11Don9of11
    Posts: 803
    @ServiamScores

    I can see why there might be concern on the part of the USCCB. If your psalm and gospel settings are from approved sources, that is the sources approved by the USCCB, then I don’t see a why they would object. However, if you are using text that is only appropriate for the TL and someone is using them in the NO, then I can see a concern. Just to clarify, I am not say that someone is using them in the NO. I don’t know if the psalm text for TL is the same as in the NO but I suspect there are differences because the two liturgies are different. It must be very difficult and disheartening to have to deal with this.
    Thanked by 1tomjaw
  • francis
    Posts: 11,175
    I boycotted all English liturgical texts from my creative enterprise in 2005 or maybe earlier. Devotional texts are still acceptable but any liturgical is only in Latin. When I was directing music at the NO the past few years I used the psalm tones for the RP. Otherwise they can have their basterdized translations. In terms of biblical texts I subscribe to the DR.
    Thanked by 2tomjaw sdtalley3
  • ServiamScores
    Posts: 3,180
    I've always used the lectionary text straight from the USCCB's own website (or more recently, AP&C for the verses). Never doing anything untoward. They just don't want composers having free reign, as best I can tell. And they want to make a buck.

    "121. Composers, filled with the Christian spirit, should feel that their vocation is to cultivate sacred music and increase its store of treasures.*" —Sacrosanctum Concilium
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    (*Terms and conditions apply. See USCCB legal for details.)
  • francis
    Posts: 11,175
    "121. Composers, filled with the Christian spirit, should feel that their vocation is to cultivate sacred music and increase its store of treasures.*" —Sacrosanctum Concilium
    I thought cultivating sacred music was for worship of God and the salvation of souls… not filling bigger barns. Then again it comes from SC.
  • I'm sorry to learn of this situation, does it mean that when composing masses or psalm settings for liturgical use, the approved texts can only be used after paying a fee --is that what this thread is about?
  • GambaGamba
    Posts: 641
    2 Timothy 2:8-9, NRSVCE

    “Remember Jesus Christ, raised from the dead, a descendant of David—that is my gospel, for which I suffer hardship, even to the point of being chained like a criminal. But the word of God is not chained.
  • davido
    Posts: 1,150
    WillWilkin, it would seem so.
  • Palestrina
    Posts: 501
    By Flowing Waters (and the Graduale Simplex) is looking better every day, folks…

    Truly the Responsorial Psalm must rate as one of the most poorly conceived aspects of the entire liturgical reform.
    Thanked by 2davido tomjaw
  • Diapason84
    Posts: 140
    Truly the Responsorial Psalm must rate as one of the most poorly conceived aspects of the entire liturgical reform.


    The singing of the antiphon between each psalm verse strikes me as as originating from a Sixties idea of participation: perhaps the liturgists behind it thought that the assembly would absorb its meaning only through multiple repetitions. Anyone care to share what the thinking was?
    Thanked by 3davido tomjaw BGP
  • Palestrina
    Posts: 501
    Radio jingles?
  • davido
    Posts: 1,150
    If USCCB’s issue really is text integrity, make an AI tool that can review composer submissions and determine text integrity. You could have instant approval of your score.
  • Liam
    Posts: 5,464
    It's not usually each verse, but usually paired vv, sometimes three vv.
    Thanked by 1CHGiffen
  • Diapason84
    Posts: 140
    My point stands - the multiple repetitions of a single line of text.
  • francis
    Posts: 11,175
    Today at mass… before I read this tonight, I was thinking EXACTLY that the RP is quite stupid in its form… rather childish, and incredibly much like a fly buzzing around my head, swatting and trying to make it go away. Not the scripture, but the way it is so poorly presented. Then I just read this post and had to laugh at the coincidence. The antiphons are just mere ditties.

    It becomes ever so more annoying as I wind up comparing it to the Gradual chant we sing at the TLM every Sunday or feast day which at times represents some of the most sublime examples we dare to sing in the chant repertoire.
    Thanked by 1tomjaw
  • Fr Joseph Gelineau devised a style of congregational psalm singing in the fifties, characterised by a short, congregational refrain and a number of verses sung alone by the cantors/choir.
    He was also on the team behind the translations of the Jerusalem Bible, as well as the Grail psalter, which was later used for the English Liturgy.

    His psalmody was very popular.

    I believe that he was very influential in the reforms following the Second Vatican Council.

    His book, Voices and Instruments in Christian Worship (1964), paved the way for (for example) the re-introduction of the responsorial psalm form into the Mass after an absence of some 1500 years.


    So the same priest popularised a particular psalm form and later wrote a book that influenced the implementation of the responsorial psalm on the New Mass?

    Hmmm...
    Thanked by 1Roborgelmeister
  • davido
    Posts: 1,150
    The psalm as found in the Graduale Simplex has musical coherence. As found in the Lectionary, it is really a musical novelty. No musical precedent from a formal standpoint. Makes me think of rondo form, but super compressed, without time for any musical interest to develop.
  • probe
    Posts: 62
    Following up on WillWilkin.... Is this USA only? For English translations of the Psalms as copyrighted by (whoever)? Am I right to expect that Latin & Mass liturgy are public domain?
  • k9mjm
    Posts: 10
    Not all Latin liturgy is in the public domain, particularly the current lectionary, due to the Nova Vulgata. The Missale Romanum Cum Lectionibus (copyright 1975, printed in 1977) has the lectionary according to the Vulgata Clementia (Clementine Vulgate), which is public domain. In fact, that edition of the Missale Romanum is in fact public domain - copyright was not renewed, and it's in the little range of years in the 70's that it would have had to be renewed.

    However, JP II promulgated the Nova Vulgata shortly thereafter, and this is the current translation used in the lectionary that you cannot buy or download anywhere, except here:

    https://novavulgata.over-blog.com/2019/08/annee-c-per-annum-xxx.html

    Note that the pericopes are almost always within the same limits, but there are minor changes to verse numbering.

    The Nova Vulgata will be off copyright in 2049 in the Vatican. The Gregorian propers are all public domain.
    Thanked by 1probe
  • https://sacredmusiclibrary.com/blog/zero-cost

    You may find this useful, if so, please click THANKS.
  • bhcordovabhcordova
    Posts: 1,182
    I was going to set the lectionary to chant. I contacted the USCCB about the licensing fee - $150.00/year.
  • MatthewRoth
    Posts: 3,209
    $150 x 3 is steep upfront but isn’t as bad as it could be. I hardly see how they’re trying to make money from that.
  • chonakchonak
    Posts: 9,090
    @bhcordova, just to clarify: was that $150 once for each year in the 3-year cycle [peace be upon it]?

    Or $150 a year, every year, until you stop publishing your musical settings of the scripture readings?
  • MatthewRoth
    Posts: 3,209
    ^that would be outrageous, because yeah, if that’s the case, I think that’s ridiculous and geared to shut out anyone not charging or charging only modest fees for their work.
    Thanked by 2tomjaw Abbysmum
  • AbbysmumAbbysmum
    Posts: 105
    Following up on WillWilkin.... Is this USA only? For English translations of the Psalms as copyrighted by (whoever)? Am I right to expect that Latin & Mass liturgy are public domain?


    The situation is similar in Canada. From what I can determine, the CCCB holds the copyright for the translations/lectionary etc, and it's licensed primarily to Novalis, a publishing company. It looks like all the permissions flow through them. It's also why you can't get the readings online from the Canadian lectionary like you can in the US (from the USCCB website), because Novalis (currently a subsidiary of Bayard Canada) makes you have a subscription to get them (usually the Living With Christ missal).
  • bhcordovabhcordova
    Posts: 1,182
    just to clarify: was that $150 once for each year in the 3-year cycle [peace be upon it]?

    Or $150 a year, every year, until you stop publishing your musical settings of the scripture readings?


    $150 a year, every year, even if I were to post them here for anyone to use for free.
    Thanked by 1chonak
  • Liam
    Posts: 5,464
    (very loud sigh)
  • ServiamScores
    Posts: 3,180
    So you have to PAY TO GIVE SOMETHING AWAY FOR FREE. Great.

    Does anyone have any specific questions for the powers-that-be? I have a zoom call in an hour, and I will ask them.
  • francis
    Posts: 11,175
    Tell them I said “hi”.
    Thanked by 1Abbysmum
  • Liam
    Posts: 5,464
    Best wishes
  • Are we allowed to set the text of the psalms (I mainly have daily psalms and anything else that's not in Lectionary vol 1 in mind) to psalm tones for use in the liturgy? I do this regularly without making the results available outside our parish, and I generally do not reprint them in worship aids.

    If the answer is no and every music director in the USA complies with them, how do they expect to have the time and resources to approve the thousands of settings that will cross their desks?
    Thanked by 1kenny
  • Liam
    Posts: 5,464
    "So, for parishes that have found the offerings of major commercial publishers to be lacking in quality, would the USCCB staff prefer that the Ordinary and the responsorial psalms to be recited rather than sung, because the burdens on (a) individual non-commercial parish composers who are not selling their compositions but crafting them for their own congregation's use and (2) the USCCB staff, would appear to function in practice as a strong disincentive...."
  • MatthewRoth
    Posts: 3,209
    Liam’s thing is exactly what they need to hear IMHO.
  • andyCVM
    Posts: 1
    Thanks for having this meeting with them, Serviam.
    This situation is disheartening at best and needs great clarification. I understanding honoring and respecting the exact texts, but this is going to squelch creativity and deprive of us the beautiful work of many composers who can’t justify these fees. Keep us posted. Pax!
    Thanked by 2Liam tomjaw
  • chonakchonak
    Posts: 9,090
    Thanks, @bhcordova, for the answer about their fee system. I should have asked also: does the fee give you permission for using the lectionary texts in one published work, or more than one?
  • chonakchonak
    Posts: 9,090
    Liam asked the apt question:
    "So, for parishes that have found the offerings of major commercial publishers to be lacking in quality, would the USCCB staff prefer that the Ordinary and the responsorial psalms to be recited rather than sung, because the burdens on (a) individual non-commercial parish composers who are not selling their compositions but crafting them for their own congregation's use and (2) the USCCB staff, would appear to function in practice as a strong disincentive...."


    The preferences of the USCCB staff as such really should not matter, as the policies ought to be set by the USCCB Committee on Divine Worship.
  • TCJ
    Posts: 1,034
    "What about individual settings of psalms composed for a single Mass in the year. Do they expect $150/per year for that single setting? What's the cost for one-offs?"

    "Are parishes that have used settings for many years that are suddenly not approved expected to instantly switch over to something approved? How long are they permitted to use the familiar settings until they can learn something new?"

    Those are the nice questions. I have a lot more that are less prudent to say.

    (Yes, I know... this is too late for the zoom call.)
    Thanked by 2irishtenor LauraKaz
  • Liam
    Posts: 5,464
    Chonak

    And staff preferences that have the practical effect of frustrating or even subverting the conciliar reform's promotion of congregational singing of the Ordinary and psalter of a quality that at least aspires to be inspired by the Church's treasury of music . . . should be given a more public review by the bishops themselves in dialogue with the American Catholic faithful who are not - or would not choose to be - beholden to major commercial publishers, publishers that have vested economic interests (and the commercial power to invest further in managing those interests) in longstanding relationships with the staff. Policies that appear to be "neutral" in formal terms can be quite biased in practical effect.
    Thanked by 1tomjaw
  • MatthewRoth
    Posts: 3,209
    I doubt that the bishops wrote that policy, and if the staff is unaware of the damage, the bishops will also be unaware.
  • ServiamScores
    Posts: 3,180
    Hi friends—
    I had a good (2h!) meeting with Mary. I will be formulating my thoughts a bit more formally in the coming days and will report back. Suffice it to say for now, it appears that the fee schedule (speaking at least for the USCCB side) is a reasonable flat rate, if I'm understanding everything correctly. I'm going to seek clarification on the language that I can share on that matter before posting details publicly.

    There were interesting takeaways from this meeting. The first is that they don't relish in this system, either. They are bound by certain canonical norms and things like Magnum Principium and Liturgicam Authenticam. The fees that they do assess are strictly to help fund their function, and the office still operates at a loss. So this is not a price-gouging scheme. This is a relief, to put it mildly. I confess I am not bothered by the proposed fee formula (at least for psalms).

    It may come as a surprise, since I've made some very irked comments, but I am sympathetic to their side of the issue. They are trying to make the best of the situation just like we are. As it happens, in the wake of the council, certain things were not copyrighted, and then abuses happened by bad actors, which caused genuine problems. The then cardinal legate urged the Bishops to copyright things to prevent further abuses. (I do think we could still argue about whether or not the bishops should simply budget the running of the office in such a way that fees would not be required to support its function, particularly where furnishing readings in worship aids is concerned... but that's a slightly separate discussion from the music issue.). I was furnished very real-world examples of the abuses they prevent from happening, and it is indeed good that they are doing some gatekeeping, to be perfectly honest.

    The second takeaway is that the new lectionary is not coming for a while. We are looking Advent 2028 at the earliest. This certainly changes the calculus for me as a composer, and I will begin the process of having my extant settings regularized. I was under the impression that things were further along than they are, and I was trying to hold out for the new lectionary. I was also told that the bishops recently agreed to a formal 3yr grace period after the official promulgation of the new lectionary. That means that current psalm settings are slated to be licit for a good 6 years or so, possibly longer depending on how it all plays out.

    We discussed the possibility of doing a public webinar to help clarify some of these issues. I have also asked for permission to type up a blog post to offer some broad-strokes guidance. I will formulate this and make sure that the language I'm using accords with their policy and how they choose to present it, and report back later, hopefully to everyone's benefit. There are essential details that it is helpful to know, that are not easily found, like the fact that you have to send things to the Secretariat for Divine Worship and the USCCB copyright office first, before contacting ICEL. There is a proper sequence to events, but again, you'd never know this without being directly told.

    __________
    I feel compelled to offer this initial reflection, since some of my posts in the past have been sharp and critical, and I now feel compelled in Christian charity to try and diffuse the situation to some degree. The age-old wisdom of "there are two sides of the story" certainly comes into play here. There's no doubt that it is regrettable that we are where we are... but that's also not to say that those working at the USCCB are doing so in bad faith or trying to make it difficult. It just... is what it is, as best I can tell. I certainly do not intend to tell anyone how to feel, and I do not begrudge people still feeling saucy about the whole thing. But the human element needs to be factored in now.

  • CHGiffenCHGiffen
    Posts: 5,268
    Thanks, ServiamScores. One question: in "... you have to send things to the Secretariat for Divine Worship and the USCCB copyright office first, before contacting ICEL" - what are "things" that we have to send?