Jurors given piano performance, crash course in music as part of copyright suit over Catholic hymns
Jurors in an Oregon copyright lawsuit over Catholic hymns received basic music instruction, including how to read notes and distinguish note values. The suit, filed by composer Vincent Ambrosetti, alleges that Bernadette Farrell's 1993 hymn "Christ Be Our Light" illegally copied elements of his 1980 hymn "Emmanuel." The case was revived by the Ninth Circuit Court of Appeals after an initial dismissal, citing genuine issues of material fact regarding the songs' similarity. Evidence suggests a connection through Oregon Catholic Press's then-publisher, Owen Alstott, who allegedly received a copy of Ambrosetti's hymn in 1985 and later married Farrell. A music professor provided expert testimony and performed musical samples of the disputed works for the jury.
1 day ago
A copyright infringement lawsuit filed by composer Vincent Ambrosetti in May 2020 accuses Bernadette Farrell and Oregon Catholic Press of copying his 1980 hymn "Emmanuel" in her 1993 song "Christ Be Our Light."1 2
The suit claims striking similarities, including identical notes, key, and time signature in parts of the songs.1 2
The case was dismissed in March 2024 by U.S. District Judge Karin Immergut, who ruled Ambrosetti failed to prove defendants' access to his song or substantial similarity.1 2
The 9th Circuit Court of Appeals reversed this in August 2025, citing genuine factual disputes, and revived the trial.1 2
Ambrosetti alleges Oregon Catholic Press publisher Owen Alstott received a copy of "Emmanuel" from him at a 1985 convention.1 2
Alstott later met and married Farrell, raising questions about potential exposure to the original hymn.1 2
The retrial began March 16, 2026, in Oregon with eight jurors receiving a music tutorial on reading notation, note values, and measure beats.1 2
Jurors also heard livestreamed piano performances of the disputed songs to assess similarities.1 2
New York University music professor Lawrence Ferrara testified via video, playing musical samples and providing a report claiming "strong objective musicological evidence of copying."1 2
Ferrara has expertise in copyright disputes, bolstering Ambrosetti's claims.1 2
Ambrosetti had sent a prior infringement notice, but defendants continued using the song, prompting the suit.1 2
The trial is expected to continue through the week of March 16, 2026.1 2
Investigate Catholic hymn copyright jurisprudence and doctrinal precedent
Catholic teaching emphasizes ecclesiastical oversight of publications touching on faith, morals, liturgy, or catechesis to safeguard doctrinal integrity, as outlined in the Code of Canon Law. While the provided sources do not directly address hymn copyrights or specific jurisprudence (e.g., case precedents involving hymns), they establish a general doctrinal framework requiring permissions for reproducing sacred texts, including potentially liturgical music like hymns used in worship. This precedent prioritizes the Church's authority over secular copyright, mandating approvals from bishops or competent authorities for works impacting the faithful.
The Church's pastors hold a duty and right to vigilantly oversee writings and communications to prevent harm to faith or morals. This includes demanding prior judgment on relevant publications and condemning those that err.
Can. 823 - §1. In order to preserve the integrity of the truths of faith and morals, the pastors of the Church have the duty and right to be watchful so that no harm is done to the faith or morals of the Christian faithful through writings or the use of instruments of social communication. They also have the duty and right to demand that writings to be published by the Christian faithful which touch upon faith or morals be submitted to their judgment and have the duty and right to condemn writings which harm correct faith or good morals.
Bishops exercise this locally, while the Holy See does so universally. This principle extends to liturgical elements like hymns, which convey doctrine through song and are integral to the Roman Missal or Lectionary contexts.
Canon law mandates approvals for certain categories of writings, with recommendations for others. Catechisms and catechetical texts require the local ordinary's approval. Books on scripture, theology, canon law, history, or morals cannot serve as instructional texts without ecclesiastical approval, and their sale or distribution in churches/oratories demands permission.
Can. 827 - §1. To be published, catechisms and other writings pertaining to catechetical instruction or their translations require the approval of the local ordinary... §4. Books or other writings dealing with questions of religion or morals cannot be exhibited, sold, or distributed in churches or oratories unless they have been published with the permission of competent ecclesiastical authority or approved by it subsequently.
Reprinting official acts needs prior permission, and approvals do not automatically extend to new editions or translations. Hymns, as texts often rooted in scripture or doctrine (e.g., those in USCCB-approved liturgical books), would likely require similar scrutiny if published, adapted, or distributed for parish use.
USCCB documents exemplify this: Excerpts from the Lectionary for Mass, Catechism of the Catholic Church, Roman Missal, and papal encyclicals (e.g., Evangelii Nuntiandi, Redemptoris Missio) demand written permission from copyright holders like the Confraternity of Christian Doctrine or Libreria Editrice Vaticana. No reproduction is allowed without it, underscoring a dual secular-ecclesiastical copyright regime.
Liturgical handbooks reinforce permissions for Eucharistic-related materials, which could encompass hymnals. Papal addresses and directories similarly note restrictions. Acquired rights remain unless revoked, preserving historical precedents.
| Category | Requirement | Relevant Canon/Source |
|---|---|---|
| Catechisms/Catechetical Writings | Local ordinary's approval | Can. 827 §1 |
| Theological/Religious Books (Instructional Use) | Competent authority approval | Can. 827 §2 |
| Religion/Morals Books (Church Sales/Distribution) | Permission required | Can. 827 §4 |
| Reprints of Decrees/Acts | Prior permission | Can. 828 |
| New Editions/Translations | Separate approval | Can. 829 |
The sources provide no direct jurisprudence on hymns (e.g., no cases on copyright disputes over specific hymnals like those by GIA Publications or OCP, which often hold imprimatur or nihil obstat). They focus on doctrinal texts rather than music compositions. Hymns might analogously require oversight if they interpret scripture or liturgy (per Dei Verbum contexts), but secular copyright (e.g., via USCCB licensing for Lectionary-based hymns) layers atop this. For unresolved aspects, consult the local ordinary or USCCB Committee on Divine Worship.
Catholic precedent prioritizes doctrinal fidelity through mandatory ecclesiastical permissions for religious publications, applicable by extension to hymns as liturgical tools. However, lacking hymn-specific sources, this analysis draws general principles from canon law and USCCB practices; direct cases require further archival research via diocesan chanceries or the Holy See.