Public domain liturgy project? Sounds interesting. But why do it? Is it good for the church?
If we use public domain materials in the place of copyright materials aren’t we taking money away from publishers, authors, and composers who would otherwise benefit? Shouldn’t we be using - and paying for - modern worship materials for the sake of encouraging the creation of more such materials, as well as for the sake of using materials which are not archaic? My honest answer to these questions is “yes”, or at least it would have been 17 months ago.
On August 17, 2017 I directed a recording session to record a 10-minute liturgical devotion based on Vespers, to be released as a podcast. I and a few musical friends, one of them an organist and one an ordained LCMS minister, assembled in the balcony of our church and made the recording. In planning the devotion, I paid no attention to whether the materials were under copyright. I simply used what I thought best. I intended to obtain appropriate licensing for any copyright materials before publishing the podcast.
I am accustomed to obtaining permission to reprint copyright materials. I assumed it would be just as easy to get permission to podcast or stream them. How naive I was! I will not burden you with the excruciating details. I will simply say that I found out the hard way that copyright law and practice have not caught up with digital technology. There is no well-regulated system, no blanket license, no easy and practical way at all.
To legally stream or podcast a typical worship service requires obtaining permission individually from a number of different copyright holders, each with different procedures and policies. A large, affluent congregation might have the resources to pay someone for the many hours it would take to do this. But what about small congregations, individuals, or my own little organization? It has become clear to me that the only way forward, at least for the time being, is to go back - back 95 years or more, to materials which are now public domain.
So the Lutheran Public Domain Liturgy Project was born out of necessity. Since I knew I would be researching and editing public domain materials for my own purposes, I thought I should make them available online. In this way, others may be able to use them as well. For what purposes, I don’t know. It seems ironic to me that the freedom and versatility of digital communication have caused me to blow the dust off our synod’s pre-1924 worship resources. The original editors of these resources could not have dreamed they would be used in this way, but the Lord knew. Likewise, I cannot imagine what uses my work will find, but the Lord knows. If, after all, we believe what He says when He tells us that He works all things together for the good of those who put their trust in Him, then we must trust that He will use this project for good, even though it was born from an unfortunate necessity.
It is with trust in God’s wisdom and guidance that I dedicate the Lutheran Public Domain Liturgy Project to His glory, in the name of Christ Jesus.
John Jordan
January 12, 2019