ideas! for Church Leaders: Vol.5 issue Four Summer 2006: Teach the righteous and they will gain in learning. (Proverbs 9:9b)
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  What is Copyright and Why Do We Care?  
         
 

Each person reading this issue of ideas! is directly affected by copyright law.1 The computers, telephones, books, newspapers, and magazines we read, many of the foods we eat, the places we go, the music we listen to or perform, the worship we attend, and the idiomatic expressions we love are affected by copyright law.

Where do these laws come from? Copyright law comes directly from the first article of the United States Constitution, section 8, which gives Congress authority “. . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” To do this, over the last two centuries Congress has enacted and revised a series of laws that protect creators of original works and govern how long that protection lasts.

 
         
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Does this affect us in the church? Many people in churches believe that they are exempt from copyright law, which is only partly correct. The Religious Services Exemption exempts from copyright infringement any public performance of nondramatic literary or musical works or some mixture of those of a religious nature in the course of services at a place of worship or other religious assembly. It does not extend to copying music for a choir or congregation, or to audio- or videotape recordings of the service.

 
     
 

Most of our video and audio recordings of church services and events, copying of hymns in the bulletin, copying music for the choir, and even the remote broadcasting to the nursery are copyright infringements.

Can anything be done? Yes, with time there are solutions to many of the copyright dilemmas, but each takes planning. We can use photocopied hymns in worship that are in the public domain, or use a hymnal. Call the publisher to confirm whether a hymn is in public domain or ask permission to print it in a bulletin. Some churches purchase a Church Copyright License from Christian Copyright Licensing International. CCLI licenses thousands of hymns and religious songs, so this may be a good option for you.

If you want to provide service audio recordings, you need to contact each copyright holder (for music and any liturgy or quotation) for permission. Many churches choose to provide only the portions of the service that are original, such as the sermon.

Permission may or may not involve a fee. Sometimes the copyright holders are willing to allow a one-time exemption. In any case, it is less expensive than any fine for copyright infringement.

If you show a video rented from a local video store to the youth group at your church, this is an infringement on the public performance rights portion of copyright law. Permission from the copyright holder has not been given for showing it in a public building like a church or auditorium. If you wish to do this on an ongoing basis, you should purchase an umbrella license from the Motion Picture Licensing Corporation. Some presbyteries have a group license for the whole presbytery. Check with your Resource Center to see if yours is one.

Are you feeling overwhelmed yet? The PC(USA) has a legal resource manual on its Web site, with more information, or check the U.S. Copyright Office Web site. Richard R. Hammar’s book, The Church Guide to Copyright Law, third edition, is an excellent resource for churches, educators, church musicians, and pastors.

Copyright issues can be daunting, but we should not put our heads in the sand and ignore the “geranium in the window.” We can do our best by looking into the various ways that we can follow the law with regard to copyright and explore our options. Since these laws are constantly changing, we can even participate in the process by talking with our congressional representatives about them. Who knows? Suggestions we make for change may benefit everyone.

1. For information related to copyrights as they pertain to We Believe, Bible Quest, The Present Word, and other publications of Congregational Ministries Publishing, contact Sandy Sanders at (888) 728-7228, ext. 5025.

 
         
 

Tell Me More

Michael Purintun is associate for middle governing services in Congregational Ministries. He can be reached at (888) 728-7228, ext. 5192.

 
         
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