Think twice before singing that new worship song next Sunday or before using that movie clip as an illustration in your sermon. Believe it or not, even with the very best of intentions, courts have found churches financially liable for using the works of another person without permission.
Copyright is an important concept for all churches and ministries to understand in order to protect themselves, both against infringing on the rights of others and on having their own rights infringed upon. With the incredible creativity that has been flowing out of Christian ministry in the last decade, it is probable that many churches will create their own copyrightable works, and those works should be afforded every legal protection.
Copyright originated with Article I, Section 8 of the United States Constitution, which gave Congress the authority “to promote the progress of … the useful arts, by securing for limited times to authors … the exclusive right to their respective writings.” Copyright law was designed to give creators an incentive to produce art and science. When the author feels protected in his endeavors, he is more likely to produce works, and this in turn, is beneficial to society as a whole.
According to the Constitution, a copyright gives the artist an exclusive right to his or her works and federal law secures that right for a limited period of time. Copyright is a property right, and, therefore, can be sold, given away, inherited, leased, and divided. The rights associated with copyright include: 1) reproduction of works, 2) preparation of derivative works based on the original work, 3) distribution of copies of works, 4) performance of works, and 5) display of works. However, for an author to obtain a copyright, his original work must be fixed in a tangible medium. This means that ideas and facts are not enough to obtain a copyright. The work must be in written form, recorded, photographed, videotaped, etc.
A work is automatically given copyright protection the moment it is “fixed in a tangible medium of expression.” Notice and registration of the work are not required. They are, nonetheless, strongly suggested. Before 1989, in the United States, works without notice attached to them lost copyright protection unless they were registered with the Copyright Office within five years of publication. After the Berne Convention, these steps were no longer mandated. One of the benefits of copyright notice is that an infringer of copyright will not be able to claim that he innocently infringed on the work. A valid copyright notice consists of three elements: 1) the word “Copyright,” the abbreviation “Copr.” or the attachment of the symbol ©; 2) the year of the first publication of the work; and 3) the name of the owner of the copyright.
Registration of a work also has many advantages. First, it gives you the ability to bring suit against an infringer. In order to sue for infringement, you must register your work. In many courts, you may register the work after the infringement occurs; however, this does not apply if the suit is brought after the limitation period has passed. Therefore, it is best to register the work immediately after creation. Registration also allows the creator to receive statutory damages in case of infringement. These amounts usually range from $500 to $20,000 per violation. Since damages are often difficult to prove, the assurance of some recoverable amount is recommended. Registration may also enhance marketability of a work. It gives evidence of the validity of the work and, for example, may encourage others to publish the project.
Sometimes individuals, churches, or ministries try to circumvent the formal copyright registration process by using a “poor man’s copyright.” Essentially, this practice entails sending a copy of your work to yourself. Under federal copyright law, there is no such thing as a “poor man’s copyright.” Individuals should be cautioned from utilizing this type of procedure as it does not take the place of formal registration and does not afford the same benefits as formal registration.
As mentioned previously, misuse of copyrighted materials is common in churches and ministries. For instance, many churches record their church service in its entirety—including the worship portion of their service—and broadcast the service by television, radio, podcast, or other media outlet. However, unless the church obtains a license for broadcasting the copyrighted music used during the worship service, they will be responsible for copyright infringement. Another common area where churches inadvertently commit copyright infringement occurs when they have streaming music on the church website or other social website such as “Facebook.” Unless the church obtains a license for the music, they are likely committing copyright infringement.
There is considerable confusion among church employees and leaders on how to avoid committing copyright infringement. Churches can avoid copyright infringement liability by implementing policies that ensure copyright compliance. Following are some examples of ways you can protect your church or ministry from copyright infringement:
- Purchase an annual license from Church Copyright Licensing International or pay royalties directly to publishers.
- Mandate that employees not install duplicate copies of software on their computers without permission from the church administrator or computer manager.
- If a church has a website and imports materials to that site that are not created specifically by church employees, they must be reviewed to ensure that they are in compliance with the copyright laws.
Churches should not act out of fear regarding copyright issues. By implementing
the proper procedures and keeping their license agreements current, they should be free to utilize all creative means to minister to their congregation without worrying about legal repercussions.
David Middlebrook is licensed to practice law in Texas, Colorado, and the District of Columbia, and his practice emphasis is focused on representing tax-exempt organizations. His clients include all types of charitable, religious, and educational organizations. Many nonprofit organizations retain Mr. Middlebrook as Communication counsel; others use his services as special nonprofit corporate counsel. Mr. Middlebrook graduated with honors with a B.S. in Business Management in 1985 and earned his Juris Doctor in 1989 from Southern Methodist University. Mr. Middlebrook is a registered Congressional lobbyist where he works on behalf of religious nonprofit organizations for the protection of religious liberties. Mr. Middlebrook has authored and published numerous articles on nonprofit topics. He is the author of The Guardian System, a comprehensive system for the prevention of child abuse within an organization, for which he was awarded a 2001 Evangelical Christian Publishers Association Gold Medallion book award in recognition of excellence in evangelical Christian literature. He co-authored Nonprofit Law for Religious Organizations: Essential Questions and Answers, which is a response to the need for guidance, direction, and clarification of legal and tax laws affecting churches and other religious organizations. Visit The Church Law Group at www.churchlawgroup.com.