Copyright Applies to Church Groups
Taken from the Legal Resource Manual of the Presbyterian Church (USA)*
As noted earlier, a copyright owner is given the right by federal copyright law to regulate public performances or showings of copyrighted videotapes. Renting a video tape for in-home viewing (the typical video store tape) is not a license for public viewing such as viewing in Sunday worship services, youth group or small church group meetings or retreats. Certain distributors of religious videos may include a license for public viewing. If the video is labeled “For In-Home Viewing,” public viewing is not permitted.
What do we do
A lot of research has been devoted to copyrighted movies and church use. Just Google “Church and Movies” and you will encounter pages of research, opinions, multiple points of view and more than a few statements of fact. One of the better summaries of copyright law and ideas on how churches might comply was published in a blog written by Rev. Chris Szulwach.**
(We all love movie nights with the youth group, but most of us are unaware of the legal issues surrounding such events. Chris is a youth pastor who has done a lot of research in this area, including consultation with copyright lawyers and experts. The following is a summary of his research.)
Ok, raise your hand if you’ve ever actually read that little FBI warning at the beginning of a movie! Well, lucky (and unlucky) for us that little warning has absolutely nothing to do with showing a movie in a youth ministry setting. (“or in any other ministry of the church” – ed.)
Over my years in youth ministry I have moved through the following progression when it comes to the issue of movies and copyrights.
- intentional ignorance on the matter of copyright law
- learning a little about it and then not really caring too much
- taking the copyright issue pretty seriously
About 7 or 8 years ago, when everyone was rocking Napster (the illegal predecessor to napster.com) I began to do some research on the reasons why breaking the music copyright was so bad. Hopefully, all of us are now on board with that issue by now, but that issue got me thinking about other areas of copyright law.
I’ve realized that as a representative of Christ in my community and as a model for my church, I need to “play by the rules” in order to not only live a “life that is above reproach,” but simply so I’m not stealing from others.
On to talking about movies, though…
1. The FBI warning says that I can’t charge money for people to watch the movie so my event is ok.
The FBI warning actually pertains to an individual showing a movie within their home.
2. As long I am using the movie as a church event I am within the copyright laws.
This is a false statement because the only instance in which a movie may be screened, outside of a home, without a license, is in a non-profit educational setting with “face-to-face instruction.”
3. If I make a lesson out of the movie I want to show I will be within the copyright laws.
A non-profit educational setting has previously been specifically defined as a non-profit academic institution. The main activity of a church is not academics.
4. My church has the CVLI license, so we can show movies at any church event that we do.
This license only pertains to a church showing movies “in its facility(ies.)” This means that if you have a current CVLI license, you may show any legally obtained movie in your church property. (See points 1 and 4 on this page at CVLI.com.)
Also, the CVLI license only covers those movies “produced and/or distributed by CVLI affiliated motion picture companies only,” according to point 6. But you may be able to contact the motion picture company and get written permission to show the movie. As the copyright holder, if it is the copyright holder, it can waive its rights and grant a church or ministry permission to show the movie. If you want to do this, do it well in advance, the process is s l o w.
5. I can throw up a sheet, a PA system, and a projector to show the movie in the back yard of the church because I am within the church property.
The CVLI license specifically says that movies can be screened in its facilities. Upon speaking to a representative at CVLI, I pressed for clarification of “in facilities.” The answer that I got was that you would most likely be within the spirit of the agreement if the movie was screened outdoors only if in a secluded area where there was no chance that someone from the general public would see or hear any portion of the movie that was being screened.
6. Since I’m not charging a fee, I am showing the movie inside of my church, and I have the CVLI license, I can advertise my event in any fashion that I want.
In case you missed reading point 4 of the CVLI terms, “No specific titles, or any characters from such titles, or producers’ names will be advertised or publicized to the general public unless authorized by certain producers.”
Much more info on this topic can be found at:
So what should you do!?
- Make sure that your church has a current CVLI license.
- Only show movies at a youth ministry event within your church or at a camp location that has its own license since the license is restricted to a physical location.
- Invite a few students over to your house, where you show a movie inside, with out any advertising of any sort through your church.
It is possible to still do a movie event for the public, you’ll need to procure a license from mplc.org but make sure you follow their guidelines.
I hope this helps clear up some of the movie copyright confusion. Of course, there are a ton of other areas that I could have addressed, but I’m not a copyright lawyer, I’m a youth pastor. So, I am not giving you any legal advice on this matter, just a few tips and pointers. If you have questions about your situation it would be best to chat with your church’s attorney or speak directly with an attorney who specializes in copyright law since this is a very in-depth area of law (which you noticed if you checked out copyright.gov).