November 7, 2025

HOW TO OBTAIN COPYRIGHT FOR CHURCH MUSIC: WHAT YOU NEED TO KNOW

by Ekosolicitors

COPYRIGHT FOR CHURCH MUSIC

It’s a Sunday morning. On the altar, a minister, eyes closed, voice trembling with passion, receives a song straight from the depth of worship. The melody flows, the lyrics stir hearts, and before long, the entire congregation joins in. A new song is born. A few weeks later, that same song is echoing in another church across town. The choir sings it with equal fervour, hands lifted, hearts open. Only this time, neither the original singer nor her church is mentioned. No permission sought, no licence granted.

It’s a beautiful moment of shared worship, that is until you remember that under Nigeria’s Copyright Act, even spiritual inspiration can raise legal questions. When a song birthed in one church is performed in another, does it remain an act of worship or has it crossed into the realm of copyright infringement? When is a license required? And how does the Copyright Act deal with this?

Under section 2(b) of the Copyright Act 2022, musical works are eligible for copyright protection. Also, section 6 provides that copyright shall be conferred on a musical work. This right confers upon the holder the exclusive authority to reproduce and publish the work, broadcast the work, communicate the work to the public, and make an adaptation of the work. These exclusive rights are provided for in section 10 and 11 of The Act.

The Act recognises that the owner of copyright may grant licences (exclusive or non-exclusive) or assign rights as seen under section 30 of the Act. It is noted that for assignment or exclusive licence, it must be in writing. For non-exclusive licences, the Act allows that they may be oral, written or inferred.

The Act provides for Collective Management Organisations (CMOs) under section 88. The CMOs have authority to negotiate, grant licences, collect and distribute royalties for rights holders. A 2024 advisory from the Nigerian Copyright Commission (NCC) reiterates that users of copyrighted works must obtain licences/authorisations from rights owners or approved CMOs.

While the Act does not always label “church singing” per se, it addresses “communication to the public” or “public performance” of works. The term “public performance” often includes performance in places open to the public or a substantial section of it. The NCC has emphasised that businesses must obtain licences for public use of music.

Note that an infringement to copyright attracts both civil and criminal liability as seen in section 36 and 37 of the Act.

Now in applying all we’ve learnt to our introduction:

Church A (the original church) commissions (or a composer in Church A writes) a musical work (song). It is sung and maybe recorded or published. Church B later decides to use the song in its service (live performance, or recording for its online service).

Who holds the right?

The composer (author) of the song will hold the copyright in the musical work (assuming it fulfills originality/fixation). Under the Act, a musical work must be fixed in a medium (recording, sheet music) to be eligible. If Church A or the composer assigned or licensed rights to Church A, then Church A may be the rights holder or licence holder. See generally sections 28-30.

Does church B require a licence?

Yes simpliciter, Church B would need authorisation (a licence) to perform or communicate that musical work, unless an exception or limitation applies. Some issues to consider:

Live singing/performance inside the church: If the church environment is private (only for congregation members) and not “public” in the copyright sense, there may be less risk. But if it is broadcast, recorded, or made available online (communication to the public), a licence is more clearly needed.
Recording or streaming: If Church B records or livestreams the song, then the communication to the public licence is likely required.
Publication/arrangement: If Church B adapts or makes a new arrangement and publishes sheet music, reproduction rights are involved and a licence is needed.
Re-singing/un-altered: Even singing unchanged still engages performing rights the right to perform copyrighted work in public. The fact that the song originates from another church does not automatically grant free re-use.

However, this paper won’t be complete without adding the exceptions because that may completely change our answer, or not.

The Act contains certain limitations and exceptions. Section 20 of the Act provides for exception of fair dealing for purposes such as private use; parody, satire, caricature; non-commercial research; criticism or review; recitation in public or in a broadcast, not for commercial purposes, among others. Also to be considered are the purpose and character of its usage; nature of the work; amount and substantiality of the portion used in relation to the work as a whole; and effect of the use upon the potential market or value of the work.

At first instance, it would appear that Church B would be liable for infringement of copyright if they have no licence. But upon going through the exceptions, it would thus mean that singing a song in church falls under the exception of fair dealing as no commercial profit is made from it.

Conclusively, the Copyright Act, 2022 in Nigeria clearly recognises musical works and provides for licensing regimes, rights holders, and collective management structures. Churches using original songs composed elsewhere need not be mindful of licensing.

However, where such performances are recorded and uploaded on platforms like YouTube, they may technically constitute a public performance or communication to the public under Sections 9-12 of the Act. In practice, though, churches are rarely at risk of infringement claims because platforms like YouTube operate under blanket licensing arrangements with collecting societies, ensuring that copyright holders are compensated for use of their works. Thus, while the letter of the law may require authorisation, the spirit of it, coupled with platform-based licensing and the non-commercial, faith-oriented nature of church broadcasts, means most churches remain on the safe side of copyright compliance.

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