Streaming your worship where people live is an innovative and creative use of technology to reach outside your church walls, right? Right. But if you’re thinking about webcasting, there’s a lot more to consider than AV equipment, software, and hosting providers. There are several webcasting hazards that you would be wise to avoid.
Many churches are exploiting robust and inexpensive webcasting technologies. While churches increase visibility online, they also face new legal vulnerabilities. In 2009, a church was sued for putting their worship services on TV and showing an attendee’s likeness without permission. Total fines: $200,000. Failure to post notices in their facility advising the attendees that they might be filmed turned this project into a disaster. You can avoid these disasters with a little knowledge, planning, and counsel.
The most common use of webcasting is the transmission of church services, which are often broadcast live and sometimes archived for viewing at a later date. There are several components of the worship service that may require licensing prior to its recording and webcasting. The first step is to understand the religious service exemption.
U.S. copyright law provides a religious service exemption that allows performance and display of certain copyrighted works in a religious service without permission or royalty payments. This exemption does not extend to webcasting (or TV or radio broadcast for that matter). When it comes to webcasting, churches and ministries have no special rights beyond those held by companies or private individuals.
There are generally fewer hazards associated with the webcasting of the sermon or message part of the service, although permission may be required from the pastor who presents the sermon. As a result, many churches limit their webcasts to these parts. As demand grows for access to the entire service, you need to understand and avoid the hazards that surround webcasting of the complete service. Here is a basic survival guide to start you on your way.
Webcasting song performances
This is the most common usage of copyrights in services. For a church to legally webcast its performances of copyrighted songs, it must secure an Internet performance license from song owners, publishers, or U.S. performance rights organizations (PROs). My company, Christian Copyright Solutions, offers a comprehensive annual internet performance license for churches and ministries called WORSHIPcast, representing more than 16 million Christian and secular songs.
Webcasting lyrics
It is common practice to put song lyrics up on a screen during song performances. Your CCLI license (www.ccli.com) covers the reproduction or copying of 200,000 songs for congregational use in your church’s facilities, but it does not cover any activity on your website. Permission is required from the song’s owner to webcast these lyrics. Many churches avoid the problem by keeping their video screens out of frame when recording the service. You might consider doing the same.
Webcasting sound recordings.
Commercial sound recordings are often played during services. These recordings might be background music on animations or professional split tracks. In order to webcast these recordings, you must get permission from the owner of the recording. There is currently no simple blanket license for sound recordings, but some record labels will issue webcasting licenses for churches. The reproduction of third party sound recordings is not covered under either the WORSHIPcast license or the CCLI license.
Getting permissions for sound recordings can be a time-consuming process, particularly if you are using them every week. Considering this, you should avoid using sound recordings in your services if you intend to webcast those services. You should also check with your split track provider to verify that Internet rights are included with your purchases.
Webcasting copyrighted images
Churches frequently use photos and other images to illustrate points during a sermon or to provide a backdrop to a performer. You need permission to webcast any copyrighted image. If the image is provided by a church member, be certain to get a release form signed by him or her. You can also make your life easier by obtaining images from royalty-free catalogs such as iStockPhoto and Getty Images.
Webcasting video and animations
Video clips from pop culture are often used to highlight points in sermons. The CVLI license (www.cvli.com) is a great resource for the church and allows you to play or perform many of these videos on the church premises. However, it does not allow editing, reproduction, or webcasting of the videos. It is possible to get permission for webcasts from movie studios, but this can be time-consuming and expensive. Often the studio won’t even respond, as getting a clip of their content on your church’s website is not the kind of transaction that will help them pay their mortgage. It is recommended that churches avoid commercial video clips if they want to webcast their services.
Many churches are now using animations and motion graphics to jazz up their services. These animations take the form of countdowns and transitions between segments of the service. Be certain that you have permission to webcast these animations if you use them as part of your service because the contracts that animation distributors have with their filmmakers often do not allow webcasting.
The explosion of user-created video sites such as YouTube has opened up whole new categories of hazards. Folks are creating and posting videos that infringe on the copyrighted works of others. Sometimes these videos are used in sermons and included in a webcast, resulting in a toxic brew of copyright violations. You open up a can of worms by showing these clips during your services, but you’ve got an entire worm farm on your hands if you webcast that sermon. Don’t do it.
Webcasting people
You can avoid another common hazard by securing written permission from any person who may be included in your recordings. Make sure that anyone performing, singing, or playing instruments in your audio/visual production has signed a “consent and release” form granting you permission to use their contribution in any manner you desire. It’s best to have all staff members and regular volunteers sign a simple one-page agreement annually.
The issue of filming or photographing people in the audience is much more challenging. You can post notices at every entrance to your worship center notifying people that they may be filmed or photographed, but that may not be enough. It may be wise to obtain legal advice regarding your liability concerning privacy issues, or you may want to avoid using any footage or photos of the congregation. You must especially consider privacy issues regarding minors in your youth programs, and it is best to have parents sign a waiver to cover your right for this type of activity.
When it comes to ministry, the last thing many of us want to talk about is the legal code. However, it’s vital that churches understand applicable copyright laws as they leverage new technologies for the Kingdom of God. Knowing what you can and can’t do when you webcast your church services will both protect your church from legal ramifications and allow you to stream your message with integrity. Hopefully, this quick guide will serve you well as you webcast.
Susan Fontaine Godwin is the CVO/Founder of Christian Copyright Solutions, whose mission is to make copyrights simple for the Christian community. Visit CCS at CopyrightSolver.com or follow them on Twitter: @CopyrightSolver.