Avoid Penalties of Super Bowl Copyright Infringement

One of America’s most sacred holidays is fast approaching. The 46th National Football League (NFL) Super Bowl® is less than two weeks away and many churches are preparing for one of their biggest evangelistic opportunities of the year.

The Super Bowl® has the largest economic impact of any regular human event with literally every demographic engaged in this annual national fervor. While churches won’t be looking to make money on the big game, they will be promoting events to view the classic clash between the Giants and the Patriots in Lucas Oil Stadium, Indianapolis, IN  February 5, 2012.

This year is one of the first in history that churches are preparing for Super Bowl® parties without fear of penalties and interference from the NFL for copyright infringement. Even so, it’s vital that church leaders follow important guidelines to stay inside the playing field and make sure they avoid legal risks of infringement.

Over the past several years churches faced warnings and possible legal action if they hosted bowl parties. Thanks to concessions by NFL Commissioner Roger Goodell, the NFL will not block religious organizations from hosting Super Bowl® viewing parties. There are some important rules, however, to follow to avoid being tackled with risks of copyright infringement:

1. Churches must show the game live on equipment they use in the course of ministry at their premises; recordings of the show are not permitted. (For help in obtaining licensing for recording TV shows and film, see CopyrightSolver’s PERMISSIONSplus.)
2. Churches cannot charge admission for the party. The NFL has stated, however, that churches may take up a donation to defray the cost of the event.
3. It’s advisable for churches to call the event a “Big Game Party” rather than a “Super Bowl Party,” as both the “NFL” and “Super Bowl” are trademarked and protected intellectual property. For example, one church last year called their event a “Souper Bowl” party and asked for donations of canned soup for a local ministry.

Here’s a short list of terms that the NFL holds trademarks to:

1. Super Bowl
2. Super Sunday
3. Team Names, not cities (for example, you can say “New England vs. New York” but not “The Patriots vs. The Giants.”
4. Do not use the NFL, Super Bowl, NFC, AFC, or any team logos in your publications or promotional materials

The road to legal church viewing events of the NFL’s copyrighted broadcast has been a harrowing and bumpy journey. Bipartisan action in the U.S. Senate in 2008 by Senators Orrin Hatch (R-UT) and Arlen Specter (D-PA) brandished enough political ire to elicit a favorable response from NFL Commissioner Roger Goodell, allowing churches to legally host viewings of the 2009 Super Bowl event.

In a letter to Sen. Hatch a few weeks after the 2008 Super Bowl, 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, 2008 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 viewing parties and tackle the issue of potential copyright infringements.
• The controversy blitzed churches when NFL officials spotted a promotion of Fall Creek Baptist Church’s “Super Bowl Bash” on their website in January 2007 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 for Super Bowl® 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 U.S. Copyright Law).
• Goodell then reversed their stance after the 2008 Super Bowl.

The NFL’s action flagged churches and alerted them to the dangers of copyright infringement, especially posting material and notices on their websites. The Internet undoubtedly raises churches visibility, while also increasing their legal vulnerability.

If you wonder how your church would score overall when it comes to copyright compliance, take CopyrightSolver’s free online Copyright Compliance Report Card and find out how you’re doing.

What are your plans for hosting a fully copyright compliant Super Bowl® party?
Leave a comment below.

Short URL: http://www.copyrightcommunity.com/?p=2790

Posted by Susan Fontaine Godwin on Jan 25 2012. Filed under Featured, Using Film & Video. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry