Legal Notices
Legal Notices
The Presbyterian Church (U.S.A.) Website Privacy Policy
Respecting user privacy over the Internet is of utmost importance to us. This Privacy Policy describes the current policies and practices with regard to personal data collected by the Presbyterian Mission Agency (“PMA”) and the Office of the General Assembly (“OGA”) (collectively “we,” “us,” “our”) through our Websites (http://www.pcusa.org/ https://www.presbyterianmission.org/ http://oga.pcusa.org/) and Mobile Applications (Matthew 25 Mobile App). The term “Personal Data” refers to personally identifiable information, including your name, birth date, email address, mailing address, Social Security number, and the last four digits of your credit card number. To see the privacy policy for the Presbyterian Church (U.S.A.) Investment and Loan Program Inc., please go to www.pcusa.org/pilp.
In general, you can visit our Websites or Mobile Applications without telling us who you are or providing any information about yourself. In some areas of our Websites or Mobile Applications, programs have been designed to perform specific functions for you directly though our Websites or Mobile Applications. Within these programs we may ask you to provide information that will enable us to process an order, offer services that require registration for a gathering or event or assist you with technical support issues or to follow up with you. In some instances, the information sought may include Personal Data.
This Privacy Policy applies to Personal Data submitted by you and/or collected online by us except through the student financial aid programs.
Your Consent
By using our Websites or Mobile Applications, you consent to our use of your Personal Data as described in this Privacy Policy.
Use of Personal Data Collected Through Our Websites and Mobile Applications
Information, including but not limited to Personal Data, that we collect will not be sold, rented, lent, exchanged, or used by an individual or entity other than the Presbyterian Church (U.S.A.) (“PCUSA”) entities and governing bodies of the PCUSA (including PMA and OGA) unless otherwise indicated. This includes, for example, the information you provide when you register for an event or conference, order resource materials, request other services, or when you send us your comments or requests for information or resources.
We use the Personal Data you provide for the purposes for which it was originally collected, for example, to respond to your email or to provide the resources, programs or services you requested. We may also use Personal Data to help us improve the content and functionality of our Websites or Mobile Applications, to better understand the needs and interests of the people and organizations that use our Websites or Mobile Applications, and to improve our programs and services. This Personal Data may be used to contact you in the future to tell you about organizations within the PC(USA), programs, and services.
Unless we have your permission or are otherwise required by law to release, the Personal Data provided by you online will be shared only with other PC(USA) entities and governing bodies to enable them to contact you regarding services, benefits, or mission opportunities; with other third parties who act on our behalf to further process or analyze the data or protect the security or integrity of our databases or our Websites or Mobile Applications; and with our successors in interest through corporate merger, reorganization, dissolution or similar event. In the event of a release to a PC(USA) entity or third party described above, your Personal Data will not be released until the PC(USA) entity, governing body, or third party has agreed in writing to be bound by the terms of this Privacy Policy.
We, and others with whom we share your Personal Data, may retain your Personal Data on file to better serve you. Any destruction of Personal Data will be done in a manner consistent with the intent of this policy.
Anonymous Data Collected Through PC(USA) Websites and Mobile Applications
In addition to the Personal Data you provide when you use our Websites or Mobile Applications, we use technology to collect anonymous information about the use of our Websites or Mobile Applications. For example, we use technology to track how many visitors access our Websites or Mobile Applications, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed the site.
This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our Websites or Mobile Applications. We use this anonymous data and may share it with third parties for various reasons; for example, to improve the content and functionality of our Websites or Mobile Applications, to better understand the needs and interests of our visitors, to improve our programs and services.
Cookies
To collect the anonymous data described in the preceding paragraph, we may use temporary “cookies” that collect the first level domain name of the user. For example, if your email address is “name@xyz.com,” the cookie collects the “xyz.com” portion of your email address and the date and time you accessed our Websites or Mobile Applications. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. Our Websites and Mobile Applications only use temporary or “session” cookies. These “session” cookies expire when your browser window is closed.
For certain applications on the pcusa.org Website or Mobile Applications to function properly, if at all, it is necessary for your computer to accept cookies.
Minors
We do not knowingly collect Personal Data from minors under the age of 13. If you are age 13 or under, please do not give us any Personal Data. If you have reason to believe that a child has provided Personal Data on our Websites or Mobile Applications, please contact us at webmaster@pcusa.org and we will endeavor to delete that Personal Data. If you are a child age 13 or under and using our Websites or Mobile Applications, please do not give any Personal Data about yourself, such as your name, address, birth date, phone number, school, or email address. As we develop online programs for children, we will adopt appropriate policies and practices to protect the privacy of children.
When we obtain photographs and images of minors, we notify their parents or guardians and ask for a written and signed release before we publish them on our Websites or Mobile Applications (at some events with a large youth presence, we request signed permission forms as a part of the event registration process). When third parties send us photographs or images of minors, we ask that they do the same and have some form of permission to have taken those photographs and images and permission to use them. We ask users who send photographs and images of minors to our Websites or Mobile Applications not to send images for which they do not have permission of the parents or guardian or send photographs or images in violation of local, state, or federal law.
Links to Other Sites
This Privacy Policy applies only to our Websites or Mobile Applications that are owned and administered by Presbyterian Church (U.S.A.), A Corporation. This site contains many hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data practices. We urge you to review the privacy policy posted on any site you visit before using the site or before providing any Personal Data about yourself.
Governing Law
This Privacy Policy forms part of our Website Terms of Use Agreement, which shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
Questions About Our Privacy Policy
If you have any questions about this Privacy Policy or concerns about the way we use Personal Data, please contact webmaster@pcusa.org.
Notification of Changes to This Policy
We are continually improving and adding new functionality and features to our Websites or Mobile Applications. Because of these ongoing changes, changes in the law, and the changing nature of technology, we may revise this Privacy Policy from time to time. When the Policy changes, we will post a dated notice in this Policy informing you that a change has been made. The Privacy Policy was last updated on Sept. 1, 2022.
- The PC(USA) will not sell, rent, or share donor names or personal information with any other entity, nor send mailings or other solicitations to donors on behalf of other organizations.
- Outside vendors/contractors engaged to assist in the church’s mission are contractually bound by the same donor privacy policy and rules of confidentiality and non-disclosure as the organization imposes on itself and its employees.
- This policy applies to all information received by PC(USA), both online and offline, on any Platform (“Platform” includes the PC(USA) website and mobile applications), as well as any electronic, written, or oral communications.
Rationale
Donor’s Rights
Charitable giving and acts of financial generosity are based on voluntary action for the common good. Acting as stewards of God’s gifts is part of our Christian tradition and is a primary aspect of our Christian vocation. The Ministry Engagement and Support ministry of the Presbyterian Mission Agency is responsible for soliciting, receipting, posting, recording, and acknowledging every gift received in support of Presbyterian Mission. Each gift will receive respect and care by the staff of the Presbyterian Church (U.S.A.), and each donor and prospective donor can have full confidence in the mission and the gift process of our church. Therefore, donors have the right to
- Be informed of the mission of the Presbyterian Church (U.S.A.) its intentions for use of donated resources and its capacity to use donations effectively for their intended purposes.
- Be informed of the identity of those serving on the organization’s governing board, and to expect the board to exercise prudent judgment in its stewardship responsibilities.
- Have access to the organization’s most recent financial statements.
- Be assured that each gift will be used for the purposes for which it was given or to receive an explanation of reasons the gift is unable to be accepted.
- Receive appropriate acknowledgement, recognition, or anonymity in accordance with the donor’s wishes.
- Be assured that information about each gift is handled with respect and confidentiality.
- Expect that all relationships with individuals representing the organizations will be professional in nature and supportive of the donor’s relationship with the organization.
- To be informed whether those seeking donations are volunteers, employees of the organization, or hired solicitors.
- To feel free to ask questions when making a gift and to receive prompt, truthful, and forthright answers.
April 2021
The purpose of this gift acceptance policy is to define and communicate with donors the types of gifts that the Presbyterian Church (U.S.A.), A Corporation is able to accept, administer and disburse and to be transparent with donors regarding the uses of their gifts.
The Presbyterian Church (U.S.A.) respects your privacy and is committed to protecting your personal data. This privacy notice informs you as to how we look after your personal data and tells you about your privacy rights and how the law protects you.
Presbyterian Church (U.S.A.), A Corporation, Terms of Use Agreement for the website of the Presbyterian Church (U.S.A.) and all related websites and websites of affiliate organizations. These Terms of Use were last updated on Oct. 2, 2017.
All content of the Presbyterian Church (U.S.A.) websites is copyrighted by the Presbyterian Church (U.S.A.). This includes all text, images, artwork, illustrations, photos, logos, and multimedia presentations, except where otherwise noted.
The Presbyterian Church (U.S.A.) provides artwork, symbols, seals, logos, and photos to PC(USA) governing bodies and local congregations to support their mission and ministries. PC(USA) governing bodies and local congregations are welcome to use these materials without further permission or license.
All others may use any material for personal use. Any other use of content requires prior permission of the author or owner. Email or call the appropriate organization or person to request permission. All pages have contact information.
Read more about copyright
Copyright and Trademark
A copyright is a property right under federal law protecting original works of authorship fixed in tangible medium of expression sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated. Works of authorship include: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. Computer programs, lyrics, music, and videos are also included.
Federal copyright law does not protect an idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
The owner of a copyright is the author unless the work is prepared by an employee or by an independent contractor as a work made for hire. Where a work is created by an employee, the employer is the copyright owner. Where the work is created by an independent contractor as a work made for hire, the person or company that hired the independent contractor is typically the copyright owner.
The owner of a copyright has the exclusive right to do the following:
- reproduce the work in copies or phonorecords;
- prepare derivative works based on the copyrighted work (a derivative work is one based upon one or more pre-existing works; for example, the update to an existing book would be a derivative work);
- distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental lease or lending;
in the case of literary, musical, dramatic, choreographic, pantomime, motion picture, and other audiovisual works, to perform the copyrighted work publicly; - in the case of literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, or sculptural works (including images of a motion picture or other audiovisual work), to display the copyrighted work publicly; and
- in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
For churches, the majority of questions involve copying music from hymnals or sheet music and taping services for shut-ins. The Religious Services Exemption contained in the U.S. copyright law exempts from copyright infringement performance of nondramatic literary or musical works or of dramatico-musical works of a religious nature, in the course of services at a place of worship or other religious assembly. This exemption does not extend to copying the music or to audio or video taping of the performance.
Under the Copyright Act of 1976 the copyright owner has the exclusive right to copy or reproduce a musical work. If a church purchases sheet music or hymnals, that purchase alone does not authorize the church to make copies or transparencies of the sheet music or songs from the hymnals. This applies to the lyrics as well as the music. The only exceptions are (1) music that is in public domain (no longer copyrighted) may be copied; and (2) music may be copied in an emergency situation to replace purchased copies that are not available for an imminent performance provided the church replaces the copies with purchased copies, see The Essential Guide to Copyright Law for Churches. Public domain music is that which has either lost its copyright protection or was never protected by copyright. It is important to note that the absence of a copyright notice © does not mean a work is in the public domain.
In the Presbyterian Hymnal, copyright ownership can be determined by looking at the bottom of the first page of each hymn. If the bottom of the page contains no copyright/ownership information, one can assume this version of the hymn is in the public domain and can be freely used. If copyright ownership does appear at the bottom of the page, the work is not in the public domain and permission to copy or tape is necessary. For further information about the copyright ownership of various hymns in the Presbyterian Hymnal, please contact the Rights & Permissions Manager for the Presbyterian Publishing Corporation at 800-728-7228, ext. 5113.
A word on music on the Internet — uploading or downloading music from the Internet without authorization from the copyright owner or authorized distributor is a violation of copyright because it results in an unauthorized copy. Consider posting notices to this effect near computers and include it in the Internet policy section of the employee handbook.
As noted above, under federal copyright law, a copyright owner has the exclusive right to: reproduce, prepare derivative works (make changes), distribute copies, publicly perform, and publicly display the copyrighted work.
The religious services exemption in the copyright law permits the performance by the congregation and choir of these hymns in the course of the worship services, but the exemption does not extend to taping the performance. Taping or transmitting a live performance without permission or license is copyright infringement because it constitutes making a copy and distributing it without the owner’s prior consent.
If the church wants to tape copyright music for shut-ins, the options set out in Richard Hammar’s The Church Guide to Copyright Law are: obtain permission from copyright owners; avoid the use of copyrighted music; turn off the recording device when copyrighted music is being performed; “splice in” prerecorded public domain musical works that were previously sung by the church choir; obtain a compulsory license; or enter into a “blanket license agreement.”
The compulsory license process is cumbersome and not recommended. For information about blanket licenses, contact Christian Copyright Licensing Inc. of Portland, Oregon, 503-257-2230, and EMI Christian Music Publishing (formerly Sparrow Corporation) of Brentwood, Tennessee, 615-371-6800; these companies can provide information about blanket licenses, fees, and the list of songs in their repertories. Make clear that your church wants the right to tape and make copies of these tapes to be distributed to shut-ins. Please make certain you carefully consider all the uses of the music you want to make and communicate that to the licensing corporation so the license will cover all your intended uses.
If these licenses prove too expensive for the church, the only options, as noted above, are not to tape the copyrighted music performed, use only public domain music in the service to be taped, or stop the recorder during the performance of copyrighted music and splice in public domain music. Again, the church does not have to obtain permission to tape or copy public domain music.
Also, for hymns projected or broadcast onto screens in the course of a service, the right to make copies for the purpose of preparing overhead transparencies is not given to the church when it buys hymnals. The copyright owner retains the right to make these types of copies. If the church wants to make these kind of copies, it must obtain written permission from the copyright owner or obtain a license that permits such use.
Copyright infringement is serious. It can result in significant civil damages, injunction, and/or criminal penalties. As an example, willful infringement can result in statutory damages of up to $100,000. The infringer may also be liable for attorneys’ fees and costs. There are companies that act as agents for the copyright owners. These companies have employees that spend their time traveling the country to discover unauthorized use and collect license fees, so proceeding without permission or license is both unwise and illegal.
As noted earlier, a copyright owner is given the right by federal copyright law to regulate public performances or showings of copyrighted videotapes.
Renting a video tape or DVD for in-home viewing (the typical video store, Netflix or Redbox type) is not a license for public viewing such as viewing in Sunday worship services, youth group, or small church group meetings or retreats. Certain distributors of religious videos may include a license for public viewing. If the video is labeled “For In-Home Viewing,” public viewing is not permitted.
Other Copyright Resources In addition to The Church Guide to Copyright Law, other resources are available on the Internet:
- Church Music Publishers Association (answers to common copyright questions)
- United States Copyright Office
- The Motion Picture Licensing Corporation (information about the use of videos. See, in particular, the very helpful questions and answers in the FAQ section.)
Presbyterian Church (U.S.A.), A Corporation, Terms of Use Agreement for Participation and Posting on the Presbyterian Church (U.S.A.) Facebook Page. These Terms of Use were last updated on Aug. 11, 2014.