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NFL Intercepts Church Plans for Super Bowl

   What did this year's and last year's Super Bowls have in common? Both MVPs were quarterbacks named Manning? Right! But there's another similarity between the 2007 & 2008 TV sports extravaganza. The NFL threatened legal action if churches showed the Super Bowl on TV screens larger than 55 inches.

   Just prior to the 2007 Super Bowl the NFL intercepted an Indiana congregation's plans to host a Super Bowl party Feb. 4, leading many churches nationwide to abruptly drop their Super Bowl events and tackle the issue of potential copyright infringements.

   NFL officials spotted a promotion of Fall Creek Baptist Church's "Super Bowl Bash" on the church Web site last week and overnighted a letter to the pastor demanding the party be canceled. Pastor John D. Newland said his church would not break the law. The NFL did not change their position this year and warned that it would consider legal action if any church allowed a public viewing on TVs larger than 55 inches (this limitation is stated in the Copyright Law). 

   While other churches ignored and defied the threat of legal action and showed the game Sunday, the NFL's warning generated a stream of fiery cyber dialogue about churches and copyright issues. Many church leaders were left wondering what other type of church activities may involve illegal use of copyrighted material.

   "We received a flurry of inquiries from church clients regarding copyright issues surrounding 'Big Game' parties they planned on hosting," explains Church Copyright Administration (CCA) president Susan Fontaine Godwin. “The NFL’s action highlighted the visibility and vulnerability churches face as a result of increased exposure on the Internet. While church websites provide tremendous opportunities for outreach, churches also need to realize the potential for visible copyright infringements, including streaming live worship services online.”

   Many church leaders want to take the high road and strive for full copyright compliance, but education and training is necessary to understand what may constitute copyright compliance. CCA provides several resources for copyright education, including resource and reference materials and personalized consulting and training. (www.churchca.com/resources.htm). 

   Planning and preparation are an important part of protection for churches, and there are several steps churches can take to legally show future TV events, like the Super Bowl.

   "While we have consulted our legal counsel as to the general obligations our clients face, we have not had the opportunity to obtain specific legal counsel for each and every client," Fontaine Godwin states. Thus, the following is intended to be general information, as set forth in U.S. Copyright Law, and not specific legal advice. If you intend to host a Super Bowl party (or any type of live TV show in the future) and display the game (or show) at your church, you should:

  1. Not use more than four TVs;
  2. Not use more than one TV in any room;
  3. Not use TVs with screens larger than 55 inches (diagonal measurement);
  4. Not use more than 6 loudspeakers, of which you should not use more than 4 in any particular room;
  5. Not use projection and/or retransmission means to display the game (e.g., use a TV only);
  6. Not charge an admission fee, or donation or tithe, for entrance to the showing, and
  7. Not promote the event using the terms "NFL" or "Super Bowl."
Do I Really Need All These Licenses?

“I am really confused. First we got the CCLI license. Then we were told we needed a BMI license to perform our worship music publicly.  So we now have a CCLI and a BMI license. Then we were told we need CVLI because we show and use video clips in our services and events.  So we got a CVLI license.  Now we are told we need a CCA license. What will be next?  Are we purchasing subscriptions and licenses that are duplicating?  We want to be covered and do everything right, but we also don't want to buy two things that cover the same issues.”

Perplexed Worship Leader

 

   Sound familiar? If you’re like many worship leaders, all these different copyright licenses can be very perplexing.  We can understand your confusion, and we hope the following explanation will bring some clarity.

 

   First, if you currently have these four licenses (CCLI, WorshipCast, CVLI and ASCAP, BMI or SESAC), understand that they do not duplicate or cover the same activities or copyrights. All three licenses cover different activities for which your church probably requires permissions.

 

   CCA is not a license, but a service which provides churches with administration, consultation and information to help obtain copyright clearances for activities which annual  blanket licenses DO NOT cover, such as rehearsal trax, Internet activities, video clips (from producers not covered by CVLI), visual images, custom recordings, video recordings, some custom arrangements, photocopies, to name a few.

   

   Life was simple when music minister's greatest concern was whether or not they could photocopy songbooks. But, many of today’s church leaders are worried about potential copyright infringement if they don't obtain clearances for reproducing song lyrics, taping their live worship, live streaming their church services on the Internet, showing video clips during a sermon, or using photographer's picture in a multimedia presentation, to name a few. The advancement of creative and innovative worship has created increased complexity in church copyright issues.

   In an effort to help churches with copyright compliance, several organizations have developed licenses and services, which grant churches permission for specific uses of particular groups of copyrights WITHOUT prior permission. It's important to understand what they licenses do and do NOT allow. The CCLI http://www.ccli.com/ grants permission for the use of songs in their program for the following activities:

  1. Printing songs in bulletins, liturgies, programs and songsheets.
  2. Printing songs in bound or unbound songbooks compiled by the church.
  3. Making overhead transparencies, slides, or to utilize electronic storage and retrieval methods for visual projection of songs.
  4. Printing customized vocal and/or instrumental arrangements of the songs, where no published version is available. This is for arrangements used for congregational use only.
  5. Recording songs in church worship services by either audio or audiovisual means. The quantity of duplicated copies may not exceed 15% of the church size and you may not charge more than $4.00 (US), $5.00 (CAN) per audiotape and $12.00 (US), $15.00 (CAN) per video tape.

WorshipCast License (www.churchca.com/wcl.htm) allows churches to:

  •  Webcast worship service and events featuring performances of more than 16 million songs from ASCAP, BMI and SESAC repertoires
  • Feature song play lists with interactive selection of streamed songs for listening (non-downloadable)
  • Songs must be performed by your own musicians and singers, or artists/groups, who grant permission to use their recordings of the songs.

 What You Can NOT Do:

 

  • Download MP3 or digital audio song files (or provide for download)
  • Webcast third party sound recordings or accompaniment tracks.
  • Use any copyrights other than songs on your website; e.g., videos, literary works, visual images, etc.

CVLI – Christian Video License International (www.cvli.com) allows the following: 

  • Pastors can use selected movies to illustrate sermon points; 
  • Sunday schools and Youth Groups can view the latest videos; 
  • Educational classes can show videos for teaching and training.  If movies have multiple producers, permission is needed from all copyright holders.

What You Can NOT Do: 

  • Reproduce or copy a video or film in whole or in part
  • Synchronize any portion of a video or film to another medium
  • Charge admission to view the movies
  • Show videos or films on TV broadcast or on the Internet

Willow Creek Association Performance Bundle License  - Licenses with ASCAP, BMI and SESAC allow churches to perform songs at their facilities in the following activities: 

  • Playing music before or after a church service;
  • Non-exempt Concerts (admission charge or payment to artists/producers)
  • Music on hold for phone system;
  • Music through a speaker system in the church office;
  • Music for an aerobics/exercise class;
  • Seminars and conferences
  • Music at church functions such as a youth event, special dinner, concert, BBQ, etc.

   I recommend these licenses, as they provide coverage for some basic rights for many activities that your church probably needs. These licenses give you a solid foundation and represent a good place to start in establishing copyright compliance in your church activities.

 

   “But what about all our other activities that aren’t covered by these licenses?” you ask.

 

   It’s difficult to dedicate and train staff members to handle all your copyright issues. I also know once they’re trained, there’s often no guarantee they’ll still be on staff in a year, or even a month. So many church leaders rely on CCA staff members who are highly trained with more than 30 years combined of experience. CCA’s full-service and per project administration programs manage the following activities on behalf churches and ministries:

                                                                                               

1)   Research copyright, publisher, producer and record company

information;

2)   Negotiate rates and obtain licenses;

3)   Calculate and make proper royalty payments;

4)   Track licenses and permissions;

5)   Song and activity information via online database link;

6)   Handle Internet and new technology copyright activities;

7)   Provide consultation.

 

CCA also includes professional consultation and reliable information and resources available online (www.churchca.com/services.htm and http://www.churchca.com/resources.htm). CCA also provides clients with a comprehensive church copyright compliance manual to guide your staff through the copyright clearance process.


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