Copyright and Licensing

Copyright and Licensing

Whilst it is a legal requirement for schools to comply with copyright law, we know that teachers are busy, so we have tried to simplify the process below.

Helpful information can be found on the following website: copyrightandschools.org and remember, we are always happy to help – simply call our Customer Services team on 020 8481 7200 or email copyright@outoftheark.com. However, please note that you must always adhere to the terms and reporting instructions set out by the copyright licensing agency themselves; we can only act as a signpost.

The Department for Education (DfE) has purchased many copyright licences centrally for state-funded schools, including licences with PMLL, CCLI, CLA and PRS - see copyrightandschools.org/dfe-agreements for details. However, schools are required to log their usage of specific songs and materials with the appropriate agency, depending on what you are using and where and how you are using it.

 

WHAT ARE YOU DOING?

PERFORMING A MUSICAL OR NATIVITY

Performance Licence Options

The performance of a musical or nativity to an audience (other than pupils and staff) requires an Annual Performance Licence, even if it’s a ‘free’ performance, wherever in the world the performance takes place. (Please note a Performing Rights Society (PRS) Licence does NOT cover musicals and nativities). An Annual Performance Licence is title-specific.

We issue affordable performance licences to schools, churches, nurseries and other groups which can be obtained in two ways:

Purchased Individually
If you already have the Book, CD, eSongbook or CD ROM for a product but did not buy an Annual Performance Licence, or if you previously bought a licence that has now expired, you can purchase an Annual Performance Licence online on the product page for your musical or nativity, or you can purchase it on the Buy Licences page. Alternatively, please contact our Customer Services department on +44 (0)20 8481 7200 or email info@outoftheark.com.

OR

Purchased as part of a Product Pack
Purchase an Annual Performance Licence as part of a product pack and it will save you money!

Performance Rights Granted to Annual Performance Licence Holder

An Annual Performance Licence will permit the holder to:

  • Perform the musical or nativity during the licence period. The licence will cover any number of performances (free or charging) within a specified time (maximum 12 months from the date of purchase or date of first performance if earlier).
  • Play the audio tracks (either backing or vocal tracks) at the performance.
  • Project the song lyrics during the performance.
 

Reproduction Rights Granted to Annual Performance Licence holder

Reproduction (making digital or physical copies) of the published material is permitted under schools’ reproduction licences issued by PMLL, CLA and CCLI. Where you report to will depend on what you are reproducing, and the context in which you are using it.

UK state schools should report any:

  • Photocopying, printing, displaying or projecting (except during the performance) of the lyrics and music on their Schools Printed Music Licence (SPML) returns to PMLL.
  • Reproduction of any non-music material (scripts, teachers’ notes, staging instructions, etc) on their Copyright Licensing Agency (CLA) returns.

If the songs on their own are used in a school assembly, then photocopying, printing, displaying or projecting the lyrics or music score are covered by the school’s Christian Copyright Licensing Inc. (CCLI) licences and should be logged and reported as required by CCLI.

Schools that do not have a CLA or SPML licence may under the terms of the Annual Performance Licence:

  • Make up to two photocopies or printed copies of the script for learning purposes. Copies must be destroyed after the performance.
  • Make up to two photocopies or printed copies of the music score for use by participating musicians on the performance dates.
  • Reproduce the song lyrics on printed paper, e.g. for programmes; to project the lyrics or to display the lyrics electronically; and to display the lyrics on a touchscreen, interactive whiteboard or other type of screen. The following credit should be included with the lyrics: ‘Reproduced by kind permission © Out of the Ark Ltd’.
 

Digital Content Usage Rights Granted to Annual Performance Licence Holder

In addition, where digital copies of the product have been purchased, a number of digital usage rights are granted to the licence holder, including:

  • Installing Words on Screen™ song files from an eSongbook or CD ROM onto more than one computer or onto a network.
  • Downloading Words on Screen™ song files onto more than one computer or onto a network.
  • Streaming Words on Screen™ songs on multiple devices by multiple users in the same establishment.
  • Copying song files from an Audio CD onto more than one computer or onto a network.
  • Copying MP3 audio files onto more than one computer or onto a network.
  • Creating a recording of the song/s with children singing over the top, whether with our backing track, our vocal track or your own backing track.
  • Uploading and sharing digital content to your school’s intranet, restricted internet or learning platform.
  • Sharing on public websites including the school’s website, YouTube, Facebook, Vimeo, Soundcloud, etc. However, Out of the Ark Music must be credited and an inbound link to www.outoftheark.com must be provided. Please note that Out of the Ark Music’s original recordings may not be posted to public websites except as an accompaniment to the children singing. However, as a special dispensation for Musicals and Nativities, if children are not allowed to sing for health & safety reasons, original recordings may be used instead, as long as they are part of an overall recording or stream of the whole work with the spoken parts, and not just the songs on their own.
  • Permitting usage of digital content at home for teachers for preparation purposes.
 

An Out of the Ark Annual Performance Licence is required by customers worldwide, not just in the UK.

PUTTING ON A CONCERT

If not staging a musical but performing any of our songs for the public on school premises (i.e. to anyone other than pupils or staff) then royalty payments become due. Contact Out of the Ark Music directly to obtain a licence. Please note: there is no need to obtain a licence from the publisher if your school has an arrangement with the Performing Rights Society (PRS) either directly or through the local authority.

If you are performing songs at a public venue (other than on the school premises or in a church) then the performance should be logged on the venue’s PRS report.

If photocopying or reproducing song lyrics or musical scores for use in concerts – for example to create song sheets, or to display the lyrics or music using any electronic display medium during rehearsals – please report this usage to PMLL to ensure that you are legally protected.

SINGING SONGS IN AN ASSEMBLY OR IN CHURCH

Songs may be sung in assembly, collective worship or in church without charge. However, when the lyrics or musical scores are reproduced, for example, by projection, or by printing them in song sheets, licensing is required, and usage of the specific songs must be reported. The following licences from CCLI cover these activities:

For UK Schools

  • Reproducing song lyrics and music scores: The Collective Worship Copyright Licence (CWCL)
  • Photocopying or file-sharing music scores: The Collective Worship Music Reproduction Licence (CWMRL)

For Churches

  • Reproducing song lyrics and music scores: The Church Copyright Licence (CCL)
  • Photocopying or file-sharing music scores: The CCLI Music Reproduction Licence (MRL)

Please ensure that you report to CCLI the songs that are used under these licences in order for them to fairly attribute royalties. CCLI Reporting is now completed online. Visit ccli.com/reporting for details and guides

Your CWCL licence also grants you permission to display the song lyrics from our Words on Screen™ software in assembly on a whiteboard or other screen. Simply log the song titles on your CCLI online report. Organisations that do not hold one of the above licences should contact Out of the Ark Limited directly for permission.

SINGING SONGS IN THE CLASSROOM OR ELSWHERE IN SCHOOL (NOT IN ASSEMBLY)

You are free to use our songs in the classroom for teaching purposes. However, the reproduction of the lyrics or musical scores requires a licence and for you to report your use of specific songs. The SPML licence https://www.pmll.org.uk/licence-information/spml/ permits the photocopying or reproduction of song lyrics or musical scores – for example to create song or lyric sheets, or to display the lyrics or music using any electronic display medium.

Please ensure that you log the songs that are used in the classroom or elsewhere in school (not in assembly) through the PMLL Portal. If a physical copy has been made, please choose this option in the portal; if a song or lyrics are displayed directly onto a screen within a classroom please choose the digital option. Note: If you are using songs in assembly, collective worship or church, please refer to the section above about reporting to CCLI.

Your SPML licence also grants you permission to display the song lyrics from our Words on Screen™ software on a whiteboard or other screen. Simply log the songs you use on your SPML usage report. Organisations that do not hold an SPML licence should contact Out of the Ark Limited directly for permission. If photocopying any part of the book for teaching purposes, please record this usage on your school’s photocopy log to ensure you are legally protected.

PROJECTING SONG LYRICS, INCLUDING WORDS ON SCREEN™ AND SPARKYARD

When using our Words on Screen players or Sparkyard subscription service to display or project songs, you are reproducing the lyrics and so must report your usage to the appropriate copyright licensing agency. Where you report to will depend on the context of use:

In assembly, collective worship or in Church – declare on your CCLI usage report (https://uk.ccli.com/) – see the section above on Singing Songs In An Assembly Or In Church
In the classroom or elsewhere in school – declare on your SPML usage report (https://www.pmll.org.uk/licence-information/spml/) – see the section above on Singing songs in the classroom or elsewhere in school (not in assembly)

Note, if you hold a valid Annual Performance Licence for one of our musicals or nativities, permission to project the song lyrics during the performance itself is already included in the licence and does not need reporting, but usage during rehearsals or assemblies does need reporting.

REPRODUCING NON-SONG MATERIALS E.G. SCRIPTS, STAGING INSTRUCTIONS, ASSEMBLY IDEAS, CURRICULUM RESOURCES, ETC

You are free to use our non-song materials (e.g. scripts, staging instructions, assembly ideas, curriculum resources, etc) in the classroom for teaching purposes. However, the reproduction of the non-song materials requires a licence and for you to report your use of the materials when requested.

The CLA licence https://cla.co.uk/cla-products/schools-licence/ permits the printing, photocopying or digital reproduction of our non-song materials – for example to create copies or share scripts, assembly plans or curriculum materials. Many of our non-song materials are also available through CLA’s Education Platform, so as long as you have purchased your own copy of a book from Out of the Ark, you can easily access, share and log digital copies through the Platform https://www.cla.co.uk/resources/tools/education-platform/.

Schools that do not have a CLA licence may photocopy up to two copies of the script for a musical or nativity if they have purchased a valid Annual Performance Licence from Out of the Ark Music.

SHARING RESOURCES AND ACCESS TO WORDS ON SCREEN™ ESONGBOOKS WITHIN YOUR SCHOOL/ORGANISATION

Downloading, copying, installing or streaming any resources and software supplied by Out of the Ark Music – including copying audio CDs, CD ROMs, MP3s, PDFs or any other digital files – is NOT permitted without obtaining a specific licence from Out of the Ark Music.

When purchasing Words on Screen™ products a Single-User Licence is supplied to you granting specific installation and usage rights. This allows you, for example, to install or stream resources and software on one computer but NOT the network server or for multiple users.

More extensive digital usage – for example to install Words on Screen™ on multiple computers or onto a network server, or for multiple users – requires an Annual Digital Site Licence (or, in the case of a musical or nativity, an Annual Performance Licence).

Annual Digital Site Licences and Annual Performance Licences can be purchased on the relevant product page or on the Buy Licences page of this website.

The digital rights granted to the holder of an Annual Digital Site Licence, or an Annual Performance Licence include:

  • Installing Words on Screen™ song files from an eSongbook or CD ROM onto more than one computer or onto a network.
  • Downloading Words on Screen™ song files onto more than one computer or onto a network.
  • Streaming Words on Screen™ songs on multiple devices by multiple users in the same establishment.
  • Copying song files from an Audio CD onto more than one computer or onto a network.
  • Copying MP3 audio files onto more than one computer or onto a network.
  • Creating a recording of the song/s with children singing over the top, whether with our backing track, our vocal track or your own backing track.
  • Uploading and sharing digital content to your school’s intranet, restricted internet or learning platform.
  • Sharing on public websites including the school’s website, YouTube, Facebook, Vimeo, Soundcloud, etc. However, Out of the Ark Music must be credited and an inbound link to www.outoftheark.com must be provided. Please note that Out of the Ark Music’s original recordings may not be posted to public websites except as an accompaniment to the children singing. However, as a special dispensation for Musicals and Nativities, if children are not allowed to sing for health & safety reasons, original recordings may be used instead, as long as they are part of an overall recording or stream of the whole work with the spoken parts, and not just the songs on their own.
  • Permitting usage of digital content at home for teachers for preparation purposes.

Out of the Ark Licences are required by customers worldwide, not just in the UK.

UPLOADING DIGITAL COPIES OF AUDIO OR VIDEO RECORDINGS TO THE INTERNET

The sharing or uploading to the internet of audio or video recordings containing Out of the Arks Music’s copyrighted material or software is NOT permitted without obtaining a specific licence from Out of the Ark Music.

If you hold a valid Annual Performance Licence, Annual Digital Site Licence or other specific licence issued by Out of the Ark Music for the purpose, permissions will include:

  • Creating a recording of the song/s with children singing over the top, whether with our backing track, our vocal track or your own backing track.
  • Uploading and sharing digital content to your school’s intranet, restricted internet or learning platform.
  • Sharing on public websites including the school’s website, YouTube, Facebook, Vimeo, Soundcloud, etc. However, Out of the Ark Music must be credited and an inbound link to www.outoftheark.com must be provided. Please note that Out of the Ark Music’s original recordings may not be posted to public websites except as an accompaniment to the children singing. However, as a special dispensation for Musicals and Nativities, if children are not allowed to sing for health & safety reasons, original recordings may be used instead, as long as they are part of an overall recording or stream of the whole work with the spoken parts, and not just the songs on their own.

Annual Digital Site Licences and Performance Licences can be purchased on the relevant product page or on the Buy Licences page of this website. Alternatively, please contact our Customer Services department on +44 (0)20 8481 7200 or emailinfo@outoftheark.com.

CREATING COPIES OF AUDIO OR VIDEO RECORDINGS

Audio or Video Recordings – What licence do you need?
We are of course delighted that you want to record your children singing our songs or performing one of our musicals or nativities. Here’s how you can be sure that you are properly licensed for doing so.

Putting Audio or Video Recordings Online
Permission to upload audio or video recordings of your children performing our works is already included in our Annual Digital Site Licences (for Songbooks) or Annual Performance Licences (for Musicals & Nativities). These can be purchased here on our licences page. These allow you to upload audio or video recordings to your school’s intranet or learning platform and also public websites including your school’s website, YouTube or other social media platforms (subject to your safeguarding policy).

Please note that this permission is only intended to cover your children performing our works. Out of the Ark’s original recordings can only be used as an accompaniment to the children singing. Out of the Ark must be credited, plus an inbound link to www.outoftheark.com must be provided from your website.

However, as a special dispensation for Musicals and Nativities, if children are not allowed to sing for health & safety reasons, original recordings may be used instead, as long as they are part of an overall recording or stream of the whole work with the spoken parts, and not just the songs on their own.

Producing CDs, DVDs or Memory Sticks for Distribution
If you have produced a CD, DVD or Memory Stick of your recordings for distribution, then a licence will be required. Licensing depends on where you are located, what type of organisation you are and what you have recorded.

To find out which licence you require, please refer to the list below and notes that follow.

ENGLAND

State-mantained schools or their nurseries

  1. Musicals or Nativities: A Limited Manufacture Licence must be bought from Out of the Ark Music.
  2. Concerts and Other*: A Schools Limited Manufacture Licence is provided by the DfE.

All other schools nurseries

  1. Musicals or Nativities: A Limited Manufacture Licence must be bought from Out of the Ark Music.
  2. Concerts and Other*: A Schools Limited Manufacture Licence must be bought from CEFM.

All other organisations

  1. Musicals or Nativities: A Limited Manufacture Licence must be bought from Out of the Ark Music.
  2. Concerts and Other*: A Limited Manufacture Licence must be bought from PRS for Music.
 

SCOTLAND, WALES, NORTHERN IRELAND

All schools and nurseries

  1. Musicals or Nativities: A Limited Manufacture Licence must be bought from Out of the Ark Music.
  2. Concerts and Other*: A Schools Limited Manufacture Licence must be bought from CEFM.

All other organisations

  1. Musicals or Nativities: A Limited Manufacture Licence must be bought from Out of the Ark Music.
  2. Concerts and Other*: A Limited Manufacture Licence must be bought from PRS for Music.
 

REST OF WORLD

All organisations

  1. Musicals, Nativities, Concerts and Other*: A Limited Manufacture Licence must be bought from Out of the Ark Music.

NOTES

A. Limited Manufacture Licence (from Out of the Ark Music)
Our Musicals and Nativities are classed as ‘dramatico-musical’ works (i.e. where music is combined with dramatic action) or ‘Grand Rights’ works. All licences to produce CDs, DVDs or Memory Sticks for distribution must come from us unless you are just singing a few songs from the production without acting it out. We appreciate that you have already bought a product from us and licenced the performance and so our Limited Manufacture Licences are heavily discounted. Our prices are as follows:

You are also allowed to charge parents for your CDs/DVDs/Memory Sticks on a non-commercial basis.

To purchase an Out of the Ark Limited Manufacture Licence, please visit our licences page.

B. Schools Limited Manufacture Licence (provided by the DfE)
For England only, the Department for Education has purchased a blanket licence to cover state-maintained schools and their nurseries for the production of up to 1000 units (CDs, DVDs or Memory Sticks) per year. Should your school wish to exceed this number of units, please contact CEFM for a top-up licence (see below). This licence does not cover Musicals and Nativities (i.e. ‘dramatico-musical’ or ‘Grand Rights’ works).

C. Schools Limited Manufacture Licence (from CEFM)
Non-state maintained schools or nurseries in England or any school or nursery in Scotland, Wales or Northern Ireland must purchase a Schools Limited Manufacture Licence from the Centre for Education & Finance Management (CEFM) which administers the MCPS/PPL licence on behalf of schools. Go to https://www.cefm.co.uk/licensing/mcps. This licence does not cover Musicals and Nativities (i.e. ‘dramatico-musical’ or ‘Grand Rights’ works).

D. Limited Manufacture Licence (from PRS for Music)
All other organisations in the UK will need to purchase a Limited Manufacture Licence direct from PRS for Music at https://www.prsformusic.com/licences/releasing-music-products/limited-manufacture. This licence does not cover Musicals and Nativities (i.e. ‘dramatico-musical’ or ‘Grand Rights’ works).

*Please note that Churches and Schools who have a Church Copyright Licence or Collective Worship Copyright Licence from CCLI can record their services or assemblies including the ‘live’ music by audio or video means for those unable to attend. Please refer to https://www.uk.ccli.com/copyright-licences/ccl-cwcl-manual and report copies on your CCLI return. However, this licence does not cover Musicals and Nativities (i.e. ‘dramatico-musical’ or ‘Grand Rights’ works).

Please contact our Customer Services team at info@outoftheark.com or call +44 (0) 20 8481 7200 if you need any further advice.