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Church Super Bowl Victory: Senators Hatch & Specter Score Touchdown with NFL Policy

Senators Orrin Hatch (R-UT) and Arlen Specter (D-PA) brandished enough political ire to elicit a favorable response on Tuesday (Feb. 19) from NFL Commissioner Roger Goodell that will now allow churches to legally host Super Bowl events.

In a letter to Sen. Hatch dated Tuesday, Goodell said that the NFL would not object to "live showings – regardless of screen size – of the Super Bowl" by religious organizations (as long as admission is not charged and the showings are on premises that the church uses on a "routine and customary" basis), according to The Washington Post.

Sen. Specter had introduced a bill (S2591) Feb. 4 proposing to amend chapter 1 of title 17, United States Code, to provide an exemption from exclusive rights in copyright for certain nonprofit organizations to display live football games, and "for other purposes."

It took only 13 months—this is “lightning speed” in the world of copyright deliberations—to render a positive solution. Here’s the stat sheet on how things unraveled. 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. See the CQ Blog article on 1/25/08.

NFL officials spotted a promotion of Fall Creek Baptist Church's "Super Bowl Bash" on the church Web site the week before the big event 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 (2008) 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. As a result, many churches across the country canceled their annual Super Bowl fellowships in fear of getting flagged for copyright violations.

The restriction against churches showing the game upset some conservative leaders, including Sen. Specter, who introduced a bill following the Giants vs. Patriots game that would actually amend Section 17 of the US Copyright Law. Sen. Specter's timing is impeccable, as he met with Goodell two weeks regarding the NFL's Spygate. It will be interesting to see what will happen to S2591 since it covers not just football games, and many of my legal friends didn’t think it stood much chance of passing.

Praising the NFL's action, Sen. Hatch said, "Many families want to enjoy the Super Bowl in a group atmosphere – but obviously aren't going to take their kids to a sports bar."

Goodell said in the letter the NFL will implement the policy starting with next year's Super Bowl.

 

It’s encouraging to see that even a Giant like the NFL (no pun intended) can succumb to a bull’s eye hit from David’s sling shot—thanks to public pressure and political action. Not every copyright battle will result in the same kind of victories, and certain lines should be drawn in protecting intellectual properties (talk to songwriters, artists, and filmmakers), but this decision was a score on the side of justice. At least, that’s the Copyright Queen’s view from the 50-yard line.

 

 

The Copyright Queen's Quest for Solutions

The Copyright Queen has graciously consented to moderate this blog to facilitate streaming conversation with church worship and media leaders, copyright professionals, attorneys, Christian song publishers and other experts—anyone interested in finding copyright solutions. You may not be familiar with the royal "CQ" and her personal mission to help churches and ministries facing complex (and often frustrating) copyright compliance issues.  

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Some think she is a mythical figure, others proclaim she's a former attorney who had a "road to Damascus" conversion and is now dedicated to the cause of the common worship leader, while some say she was once a song publisher. The royal CQ simply says, "I am determined to help churches and ministries solve the conundrum of copyright compliance."

The CQ: When people discover that my vocation revolves around copyrights, folks usually break eye contact, drop their heads, and slink away towards the nearest exit. No…my calling does not evoke feelings of inspiration and warm fuzzies, but I am nonetheless passionate about helping Christian organizations solve the puzzle of copyright compliance. The difficult part is that I often have to deliver answers that people don’t want to hear, and I can’t always provide really easy solutions to the copyright conundrum.

 

I do find, however, that conversation leads to collaboration and collective brain storming resulting in creative ways to simplify and ease the painful process of being copyright compliant. That’s my vision for this Christian Copyright blog, so I’ll ask some of my friends and colleagues (aka “the royal copyright entourage”) to contribute their ideas, experience and perspectives as we tackle many of today’s toughest challenges for churches and ministries.

I've just spent the past 10 days traveling from Nashville to New York City to Washington, D.C. It's been a whirlwind, but incredibly exciting and rewarding as I have identified and explored new ways to simplify the process of obtaining copyright clearances for churches and Christian organizations with song publishers, record labels, performance rights organizations and music ministers. 

In the weeks and months ahead, we’ll look at 1) significant briefs before the U.S. Copyright Royalty Board (http://www.digmedia.org/content/release.cfm?id=7232&content=pr), 2) various Internet copyright issues, 3) churches in the business of music, 4) work-made-for-hire policies, and 5) practical tips on being copyright compliant. We welcome your comments and solicit your input on topics and questions you’d like us to address. In the mean time, be sure to browse the archives from January and February for previous articles that may interest you.

 

HRS (In His Royal Service)

"The Copyright Queen"

http://www.churchca.com/askthequeen.htm

Public Domain

"Amazing Grace (My Chains Are Gone)" spans a remarkable bridge of 235 years, blending four centuries of worshipers--Chris Tomlin, Louie Giglio, Edwin Othello Excell, John Newton, and John P. Rees.

The adaptation of public domain works presents today's songwriters with an amazing gift and opportunity to retool ancient prose into relevant and revived songs for today's congregations.

But who owns these adaptations, and how does the US Copyright office view these modified works?

"Public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes." (Definition from Wikipedia)

Since anyone may use or promote public domain works, songwriters have tremendous freedom to revise, add, deduct--changing the lyrics and keeping the original music, setting old lyrics to new music, adding new verses or choruses, even combining two public domain songs. Of course, adaptations aren't limited to hymns or songs; writers may want set a poem or prose to original music, or even base on a song on a literary work or story.

What are some of the publishing and copyright dynamics when adapting or using ancient traditional creative works, such as hymns, that are in the public domain?Click here for complete article: http://www.churchca.com/publicdomain.htm.

Curtain Falls on Christmas Programs...Get Ready for Easter

As the curtain falls on festive Christmas programs, there's a hushed sigh of relief echoing from Worship Leaders across the land.

Months of dedicated planning, rehearsals and performances have culminated in the Beauty of the Celebration. Now it's time for a rest... or maybe not.

Easter is Early this year!
It's time to start planning your Easter program.

Easter Calendar 2008

  • February 6 - Ash Wednesday
  • March 16 - Palm Sunday
  • March 21 - Good Friday
  • March 23 - Easter Sunday

More and more churches are wisely planning events to allow for timely copyright clearances. Here are some practical tips on how to make sure all your copyrighted material is cleared before your Easter production.

Click here for full article: http://www.churchca.com/newsarticle.htm


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