Read why churches and religious entities need to know about copyright law.

Learn that “thou shalt not steal” applies to your church’s use of creative content.

The 8^th commandment of the Bible is simple and straightforward. Everyone reading this is familiar with it and knows not to steal. However, when the subject of stealing veers into copyright infringement territory, “thou shalt not steal” becomes problematic for even the most honest and well-intentioned people and entities. Copyright infringement is a real issue with potential negative financial impact for your church.

Follow the Bible, and start at the beginning. Right now, start with the premise that all creative work your church uses is protected by U.S. Copyright Law, which has existed since 1790. The Founding Fathers recognized that to encourage creativity and allow the public to benefit from creative works, property rights protection to the authors/creators of those works would facilitate society’s advancement. Today, more copyrighted material is floating around and being used than most people realize, including at your church. The following short-list includes copyrighted material that churches and religious groups regularly use in their ministry:

• songs the choir sings from the hymnal or other source
• practice sheets of songs copied and handed out to choir members
• music, text, video, or pictures projected on a screen during worship or Bible study or youth education
• live-streaming of worship services or ceremonies that include copyrighted material

Music, in some form or transmission, is the most likely exposure churches have to copyright infringement. The good news is there are several licensing companies available to churches for commonly used church music for an annual fee. Check out these websites, i.e. www.OneLicense.net; www.CCLI.com; www.LicenSingOnline.org. Some licensing companies provide permission for more extensive usage. Always read the fine print to make sure you only use content in the form covered by the licensing company. Any form of creative work not covered by your contract with a licensing company should not be used or reproduced without first obtaining permission from the copyright owner.

Be aware that U.S. Copyright Law applies to all 50 states, the District of Columbia, and several U.S. territories. No person, no church, no organization, no business, etc. that is using or has used creative content in these locations is exempt from U.S. Copyright Law. Unintended copyright infringement is not a sound defense to violating a copyright owner’s exclusive rights.

With respect to insurance, the best protection is a copyright infringement liability insurance policy purchased separately from the general liability insurance policy. While some general liability policies contain language suggesting there is copyright infringement coverage, usually the coverage is very limited and tied to the copyrighted material being used in advertising. Whether or not ministry qualifies as advertising would likely depend on the circumstances of each case alleging copyright infringement.  Also, no insurance policy covers intentional copyright infringement.

No part of this blog is legal advice. The content of this blog is intended to be generally informational, particularly for churches/religious organizations, their leaders and participants. Contact qualified legal counsel for information and guidance pertaining to copyright law.

Richey-Barrett Insurance is your Trusted Choice Independent Insurance Agency for church insurance.