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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.
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