Deacon’s
Bench
the
Summer 2009
ON
ONTHE
THEWEB
WEB
www.brotherhoodmutual.com
Learn more by visiting
Brotherhood Mutual’s Web site:
www.Brotherhodmutual.com.
I For America’s Churches and Related Ministries from Brotherhood Mutual and Its Agents
Online
and in Print
What your ministry
may not know about
copyright law.
Where does your ministry stand when it comes to copyright? Do
you share ideas for articles, songs, or sermons? Where do those
ideas come from?
Anything with the copyright symbol is protected, of course. But copyright is not
something that you have to register or pay for. The simple act of putting an idea to
paper—even a napkin—means it’s protected.
Depending on where it comes from, and whether or not you have permission to use
it, an idea could end up costing your church a great deal of money.
A few years ago, a South Carolina man found a poem on a restaurant menu. He
liked it, and thought it would be a nice addition to his church’s newsletter. There
was no author associated with the poem on the menu, so the church member
Copyright Guidelines for Ministries (continued)
asked a restaurant employee if he could share it with his
pastor. Permission was granted.
The pastor liked the poem and printed it in the church
newsletter. As is common practice, the newsletter was
posted on the church’s Web site.
End of story, right? Wrong. Not long after the newsletter
was posted, a copyright management organization that
worked for the author of the poem contacted the church.
Although the author wasn’t listed on the restaurant
menu, the poem was very much copyright-protected.
The copyright management agency was searching the
Web, looking for references to this particular poem.
The search turned up this church’s Web site, where the
poem was posted as part of the newsletter.
While the church meant no harm by including the poem
in its newsletter, it didn’t have permission from the
author to do so. And that’s a direct violation of copyright
law. The church was faced with a difficult decision: go to
court or pay a small fortune in copyright infringement fees.
Copyright 101
Churches and other ministries are in the communications business. Everything they do has a message,
The basic premise of copyright
law is to protect something that
you (or someone else) worked to
create. Whether it’s a song, an
article, or a sermon, the person
who created it deserves the right
to control how it is used.
whether it’s for outreach events, small group Bible studies,
or the Sunday morning sermon. Some of the messages are
original creations. Others come from outside resources.
Either way, everything a ministry puts in print is subject to
copyright protection.
According to the U.S. Copyright Office, “Copyright is a form
of protection provided by the laws of the United States to
the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual
works. This protection is available to both published and
unpublished works.”
The creator of a work doesn’t have to register the piece
with the U.S. Copyright Office in order for it to be protected
by copyright law. The act of putting the work to paper—
whether it’s song lyrics, an article, or a sermon—means it’s protected.
By law, the creator of a work has exclusive rights to the following activities:
• Photocopying
• Adapting
• Publishing
• Performing
• Displaying
Don’t press that green button. Before you photocopy
a document, make sure it’s not copyright-protected.
2
The Deacon’s Bench, Summer 2009
or exhibiting
If any other person wishes to do any of the above-mentioned activities with a work, he or she must obtain permission (preferably in writing) from the work’s creator prior
to doing so. (Asking permission of a restaurant employee
doesn’t count—unless the employee is also the creator of
the work.) If the creator is unknown, and permission can’t
be obtained, then the work shouldn’t be used.
Brotherhood Mutual Insurance Company
“My advice to churches is, throw away anything you’ve
One of the first organizations to make performing music
ever clipped out of another newsletter,” says Mark Jeffcoat,
in church a lot easier was Christian Copyright Licensing
director of support services for the South Carolina Baptist
International (CCLI). The company offers licensing services
Convention, who handles copyright matters and works with
for churches of all sizes, along with other related services.
the Convention’s intellectual property attorney on register-
CCLI members pay an annual fee, which enables them to
ing trademarks. “If you have no way to trace it back to the
legally perform music during worship services, as long as it
original creator, whether it’s an article, a photo, or a piece comes from CCLI’s library of songs.
of clip art, then get rid of it.
“Churches will often say, ‘I saw it in my home church’s
newletter, so I called and asked if I could reprint it.’ The
problem is, their home church doesn’t own the copyright
and isn’t in a position to give that permission. A church
must find out who owns the material and get permission
from them, rather than from the last organization that published it.”
Sing a Song (Legally)
Music is one of the most common areas of copyright law
that affects churches. Fortunately, today’s worship leaders
and musicians have a variety of resources available to them
that take the guesswork out of performing music, whether
it’s in church on Sunday morning or online 24/7 through
Webcasting.
What Can You Do With a CCLI Music License?
• Print songs,
hymns, and lyrics in bulletins, programs,
liturgies, and songsheets for use in congregational
singing.
• Create customized
songbooks or hymnals for use in
congregational singing.
overhead transparencies, slides, or use any
other format that visually projects song lyrics (like
PowerPoint® slide shows) for use in congregational
singing.
• Create
arrangements of songs (vocal
and instrumental) used for congregational singing,
where no published version is available.
• Arrange, print, and copy
• Record worship
services (audio or video), provided you
only record live music. Accompaniment tracks cannot
be reproduced.
Getting Started
Copyright law is complicated, and we’ve only brushed
the surface in this issue of The Deacon’s Bench. Our goal
is to get you thinking about where copyright law fits
into your ministry’s communications efforts. Maybe
you’re already doing all the right things. Perhaps you
can identify an area or two that needs closer attention.
Regardless of where you stand, here are three tips to
keep in mind:
Understand copyright law. Visit the U.S.
Copyright Office at www.copyright.gov and download
the resource: Copyright Basics. Share and discuss this
resource with others on your ministry team.
3
The Deacon’s Bench, Summer 2009
Research licensing organizations. If your
ministry doesn’t already have one, learn more about
licensing memberships that are available for music,
videos, and Webcasts.
Consult with an attorney. When in doubt,
ask a trusted advisor who understands copyright
law about any situation that’s unclear. Brotherhood
Mutual’s online LegalAssistance program includes
an Attorney Referral Service for ministries. Get
contact information for the attorneys in your area
who are members of the Christian Legal Society. Log
onto www.SafetyCentralOnline.com and click on the
LegalAssistance link for more information.
Brotherhood Mutual Insurance Company
An Exception to the Rule
“If you don’t know for sure
that you own it, you must
obtain permission to use it.
If you don’t know for sure
that you have permission,
don’t use it.”
–Mark Jeffcoat,
South Carolina Baptist Convention
Copyright Guidelines for Ministries (continued)
Movie Time
Veggie Tales entertains youngsters in the nursery.
Members of the youth group enjoy The Princess Bride
on the big screen during their Sunday evening gathering. A small group hosts an evening for couples to
view Fireproof at the group leader’s home. The pastor introduces his new series with a clip from Bruce
Almighty on Sunday morning.
Movies are everywhere at church, but in which situations are they legal?
There are few exceptions to copyright law, but one of
the most commonly-cited (and often misunderstood)
is the principle of fair use. It’s intended to allow the use
of copyrighted material without the author’s permission
for educational purposes, criticism, news reporting, and
research.
Some ministries may argue that anything used within the
church comes under the fair use doctrine. However, that’s
a dangerous—and sometimes expensive—assumption.
If it’s determined that use of a copyrighted work negatively
affects the owner’s ability to earn income from it, fair use
does not apply. When in doubt, it’s always best to consult
with an attorney prior to relying on the principle of fair use.
When you buy or rent a DVD, you’ve purchased the
rights to view that movie in a home setting. That’s
not the same as taking the DVD to church and
showing it on the big screen at youth group or during Vacation Bible School. Churches need a special
license to do that.
“However, anything that’s shown for a charge or for non-educational purposes is of greater concern. I would recommend that
ministries make sure they’ve purchased a video license before
showing a film or video to avoid any question of whether that
particular use is authorized or not.”
Michael Allison, chief legal counsel at Brotherhood
Mutual, explains that there are some situations that
are safe for showing videos for ministry and some
that require a license.
Similar to CCLI, Christian Video Licensing International (CVLI)
enables churches to pay an annual membership fee in return for
the ability to legally show certain movies in any of the
above settings.
“A video that’s shown free of charge for educational
purposes in a classroom or as part of a small group
study in someone’s home is probably not going to
present a problem,” says Michael Allison, chief legal
counsel at Brotherhood Mutual.
Remember, the intent of copyright law isn’t to prevent you from
doing ministry. It’s to protect your work and the work of others.
For more information about copyright, be sure to check out the
selection of online and print resources listed on page 5.
4
The Deacon’s Bench, Summer 2009
Brotherhood Mutual Insurance Company
Copyright & Licensing Resources
Christian Copyright Licensing International
Provides licensing solutions for music used for
congregational singing and videos shown in a
church setting, along with support services and
resources for both. www.ccli.com
Christian Video Licensing International
Provides legal coverage for ministries to show
DVDs and videocassettes of motion pictures.
Coverage includes playing just a few seconds of
a movie all the way up to showing the
full-length feature. www.cvli.com
LicenSingOnline
Provides licenses for hymns, songs, and service
music from more than 340 Christian music publishers and copyright holders.
www.licensingonline.org
OneLicense
Provides access to reprint permission for words
and/or music from partnering publishing houses.
www.onelicense.net
Other Copyright Resources
from Brotherhood Mutual
In addition to this newsletter, you can visit safetycentralonline.com
to find a variety of articles and other publications about copyright:
• Publication: Insurance Advisor #37: “Protect Your Ministry
from Copyright Infringement”
• Article: Avoiding Copyright-Related Lawsuits
• Article: Worship Tools Can Conflict with Copyright Law
The LegalAssistance◊ link within SafetyCentral® addresses some
basic copyright questions in the “Legal Q & A” section. Or, submit
a request for more specific information through the “Quick
Response Service.”
Search “copyright” on ChurchSafety.com, a joint Web site created
by Brotherhood Mutual and Christianity Today International. You’ll
find helpful articles about this topic and can even submit questions
to a panel of ministry safety experts.
Christian Copyright Solutions
Provides copyright administration, consultation
and education services to ministries for any type
of copyright (music, sound recordings, audiovisual, visual images, literary works, etc.).
www.copyrightsolver.com
5 The Deacon’s Bench, Summer 2009
Fast Fact:
Copyright is not something you have to register or pay for. Owners
don’t even have to show the copyright symbol on a printed work.
However, you should protect your ministry’s original material by putting
a copyright notice on it, such as “© 2009 First Church of Christ.”
Brotherhood Mutual Insurance Company
Presorted Standard
U.S. Postage
PAID
Fort Wayne, IN
Permit No. 760
6400 Brotherhood Way
P.O. Box 2227
Fort Wayne, IN 46801-2227
On the Web
Learn more about copyright
guidelines at SafetyCentral,
www.safetycentralonline.com.
In this issue
Deacon’s
Bench
the
cover
The Deacon’s Bench is a quarterly newsletter created for
churches and related ministries. It’s published by the
Corporate Communications Department of
Brotherhood Mutual Insurance Company.
Writer: Jenny Murphy
Design: Tim Baron and Maddie Harvey
Senior Editor: Ken Ross
Managing Editor: Lisa Grote
The Deacon’s Bench, Vol. 21, Issue 2
Brotherhood Mutual Insurance Company
6400 Brotherhood Way, P.O. Box 2227,
Fort Wayne, IN 46801-2227, 800.333.3735
copyright 101
Do you know copyright
basics?
ChurchSafety.com
p3
getting started
Where does copyright fit into your ministry?
p4
exception to the rule
What is the principle of fair use?
Wouldn’t it be great to have access to a panel of experts who are
recognized authorities in the problems that keep ministry leaders awake at
night? Guess what? You do. Visit www.ChurchSafety.com, where you’ll find
free safety articles, online assessments, and our exclusive “Ask the Expert”
service. Best of all, Brotherhood Mutual policyholders receive a FREE annual
subscription—contact your agent for details.