Recent articles in the Church Music Quarterly and elsewhere have thrown light on the difficult subject of copyright law. However, churchgoers in the Isle of Man should be wary of taking at face value any statement on the subject. Manx copyright law, which is contained in the Copyright Act 1991 (of Tynwald), is different from United Kingdom law, because recent changes made there under European Community rules have not been adopted in the Isle of Man.
Copyright is the right of an author, composer or artist to control the use made of a literary, musical or artistic work he has created. In the case of words or music, copyright enables the copying, arrangement, alteration and public performance of the work to be controlled. Singing a hymn or anthem as part of a church service does not count as a public performance. The control may be exercised by the author or composer, by his estate if he is dead, by a publisher to whom he has assigned his rights, or by a licensing body (such as the Performing Right Society) on his behalf.
Copyright lasts for the lifetime of the author or composer, and for 50 years after his death — not 70 years as in the United Kingdom. Also, for 25 years from the first publication a publisher has the right to control photocopying of a printed page. In the United Kingdom some works which were out of copyright were brought back into copyright on 1st January 1996, but that has not happened in the Isle of Man.
Breach of copyright, except for making or dealing with unauthorised copies commercially, is not a criminal offence. But unauthorised copying, performance etc. entitles the copyright owner to bring a civil action for damages or an injunction, and the person in breach would have to pay the legal costs of the action.
K F W Gumbley
January 1997
This article appeared in the April 1997 issue of the Isle of Man Church Leader.