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Streaming your worship where people live—sounds like a creative use of technology to reach those outside the walls of your church building, right? However, if you’re thinking about podcasting, webcasting or sharing digital files, there’s a lot more to consider besides sound and video equipment, software applications, and websites.
We recently heard about a Midwest church that was sued and ended up paying $200,000 in fines for filming and broadcasting for TV an individual in the audience during a church worship service “without permission.” The church had neglected to post notices in the church facility advising the public that people in the audience might be filmed or obtain written consent from the individual.
To avoid risk and liability, it’s critical to plan, analyze all your service elements, and seek guidance before you get started.
There can be a myriad of pieces in a worship service that may require licensing or permission prior to filming or taping and subsequent reproduction, performance and distribution for webcasting or downloading online. Songs are the most obvious element, but what about some of these common copyrights in your service: 1) video clips 2) visual images or photographs 3) sound recordings 4) drama skits 5) literary works (essays, articles, prose)? Any copyrighted material you or your church does not own that is included in your service requires permission to legally reproduce and make available online.
Your CCLI license covers the creation of copies of 200,000 approved songs for five specific uses in congregational singing in your church facilities, but it does not allow webcasting, streaming or posting of songs on your website. In addition the reproduction of third party sound recordings is not covered under CCLI, or any other blanket license. For specific details on what CCLI license covers and does not cover http://churchca.com/faq.htm.
You can obtain permission to feature internet song performances from ASCAP, BMI and SESAC (16 million songs) or the one-stop WorshipCast License (www.churchca.com/wcl.htm) on your website.
The other key concern is whether or not you have written permission from any person who may be included in your performance, recording or filming. Whether a staff member or volunteer, make sure anyone performing, singing, playing instruments, or included in an audio or audio visual production has signed a “consent and release” form granting you permission to use their contribution in any manner you desire. I recommend that you have all staff members and regular volunteers annually sign a simple one-page agreement.
The issue of filming or photographing people in the audience is much more challenging. You can post notices at every entrance to your sanctuary notifying people that they may be filmed or photographed, but that may not be enough. I recommend you obtain legal advice regarding your liability concerning privacy issues, or you may want to avoid using any footage or photos of the congregation. You must especially consider privacy issues regarding minors in your student and youth programs, and it is best to have parents sign a waiver to cover your right for this type of activity.
YouTube, MySpace and FaceBook have opened up a copyright can of worms. Several of my church clients have asked for guidance because their pastor found a clip on YouTube and wanted to make a copy and show it during the service. Here’s the challenge: the person uploading their video footage to YouTube may not own (or have permission to use) various copyrighted material in their video. They may have released the rights to their film, which allows you to download it, but if they’ve sung someone else’s song or used a third party’s copyright and didn’t get permission, then they are liable for copyright infringement. If you reproduce and use their footage, you’re also at risk.
Here are some very basic and practical guidelines to follow to avoid the risk of copyright infringement, fines and litigation:
· You must have written consent and release from any individuals included in a video or audio video reproduction. This includes people in your congregation or audience, singers and musicians, youth and any staff members or volunteers in your worship or creative arts team.
· Before you consider posting any material to your website, create a checklist for each service and list every possible element that may be copyrighted. Allow 4-8 weeks to obtain copyright clearances, or omit it from your reproduction. Call CCA at 251-929-2411 or email info@churchca.com for ways CCA can help obtain licenses and advise you regarding requirements.
· In contrast to a webcast, a podcast involves the download of digital files from your website server to the visitor’s computer. As a result, the download of any third party copyrighted songs, requires that you obtain a DPD (digital phonorecord delivery) mechanical license from the song owners. There is currently no blanket license that covers a group of songs for this use, and you must get the license from each song owner. If you’re podcasting your pastor’s sermon online and want to add any copyrighted material to the sermon, you must consider if the element is copyrighted and obtain permission from the owner.
· Seek guidance and assistance from a copyright/entertainment attorney or professional copyright administrator (brock@shinenlaw.com or www.churchca.com/resources.htm.)
HRS (In His Royal Service)
"The Copyright Queen"
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