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Copyright infringement can be costly to churches

By Maidstone Mulenga
UMConnection Staff

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When St. Matthews UMC in Bowie received a Copyright Infringement Notice, the pastor and the members were baffled. What did they do wrong, they wondered. All the pastor did was to include a poem in a sermon and then include it in the sermon transcript on their website. They even acknowledged the poem’s author and attributed it by including a link to her website. They didn’t break any rules, did they?

Yet the church was informed: “Unauthorized publication … constitutes federal copyright and trademark infringement pursuant to the 17 U.S.C. - 202 and 15 U.S.C. -1111, et seq. It is also a violation of state unfair competition laws.”

Legal correspondence talked of heavy fines and law suits.

What is copyright infringement and what must churches do to avoid it? It’s the unauthorized use of works under copyright, breaching the copyright holder’s exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder.

“As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner,” according to the U.S. Copyright Office.

In the case of St. Matthews, the pastor did acknowledge the author of the poem, but did not have formal authorization to put the poem on the church’s website as part of the sermon.

The author’s lawyers pointed out that the publication of the poem on the church’s website made it less likely that a potential consumer would visit the author’s website based on an Internet search for the poem. “In other words, it diverts traffic and business that would otherwise go to the author’s website, to your website,” the notice read.

What are examples of copyright infringements? How can churches avoid the infringements? Some tips:

• Do not download and share files of music, videos and games without written permission of the copyright owner.
• Do not use other organizations’ logos without written permission.
• Do not scan pictures that have been published and use them without permission.
• Do not use other people’s full-text articles on your website without permission from them.
• Do not download licensed software without the permission of the copyright or license holder.
• Do not make a movie file or a large segment of a movie available on a website without permission of the copyright owner.

During a recent BWC workshop on “Putting the Wow in Worship,” presenter Jason Moore reminded the participants that while churches may perform contemporary songs, they should not reproduce the lyrics in any fashion from a copyrighted music work.

Moore also reminded the participants that the argument for fair use as a rule of thumb may not be the most prudent thing to do. He urged churches to obtain licenses such as CCLI or CVLI in order to circumvent the inability to show motion pictures or display song lyrics.

Yet there still can be pitfalls.

Dean B. McIntyre, the director of music resources at the General Board of Discipleship in Nashville, Tenn., has put together resources on how to avoid falling into the copyright trap. (www.gbod.org/lead-your-church/copyright-licensing)

Among the resources is a list of top-10 myths, false beliefs and misperceptions about church music copyright. Top on the list is: “We have a CCLI (other) license.” He notes that the copyright citation often covers words and music, sometimes even the arrangement or adaptation.

“Users must check the copyright clause to be sure what is protected and what is not protected. … The license may or may not allow for the reproducing of a copyrighted melody, depending on the desired use. If the song is covered by a user’s license, then generally the words may be reproduced or projected in worship, although not for concert or ticket-sale use,” McIntyre noted

Yet most churches ignore the law because they believe there is no penalty. That is perhaps the biggest myth of the copyright infringement. If a church is found guilty of copyright infringement, there are severe penalties.

St. Matthews was not only ordered to take down the poem and to destroy any marketing or literature regarding the poem, but also to pay a hefty compensation for the infringement in the thousands of dollars.

Federal law allows the copyright owners to automatically recover statutory damages of up to $30,000 for each violation, and courts may add other punitive damages of up to $150,000 if it is determined that the infringement was intentional or willful.

One way courts can find that the infringement was intentional is when a church continues to publish copyrighted material after receiving a letter from the copyright owner requesting the removal of copyrighted material from the publication.

So before you put that poem on the website or in your church newsletter, check on the copyright. Before you put those lyrics on the screen during the worship service, make sure it is covered in your license.

When in doubt, take this counsel, inspired by Proverbs 3:5-6: “Trust in the Lord with all your heart, and do not think you have full understanding of the law. In all your ways acknowledge the author who has been blessed by God to produce such work, and God will make straight your presentations and publications.”