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Webcasting offers churches and ministries a
dynamic new communication vehicle with which to reach their
congregations and the broader public. Many churches are already
harnessing robust and inexpensive webcasting technologies to put a
public face on their church. While churches increase visibility online,
they also risk vulnerability with potential costly copyright
infringement.
The most common use of webcasting is featuring church services, which
are often broadcast live and sometimes archived for viewing at a later
date. Prior to the availability of inexpensive digital video cameras and
the widespread penetration of broadband, these webcasts were usually
audio-only. The broader availability of these items has led to more
churches offering video webcasts.
U.S. copyright law provides a religious service exemption which allows
performance and display of certain copyrighted works in a religious
service without permission or royalty payments. This exemption does not
extend to webcasting. When it comes to webcasting, churches and
ministries have no special rights over companies or private individuals.
There are generally fewer copyright issues involved with the webcasting
of the sermon or message part of the service, although permission may be
required from the pastor who presents the sermon. For this reason, many
churches limit their webcasts to these parts. As demand grows for access
to the entire service, churches are finding the need to become educated
about the copyright issues that impact the webcasting of the complete
service.
There are four types of copyrights that are commonly used in a church
service: songs, sound recordings, images and video. Here is an overview
of the issues surrounding the use of these copyrighted works.
Webcasting copyrighted songs
Copyrighted songs are used in worship
services in several ways. Each use of songs has its own particular
copyright issues that need to be addressed.
Songs are performed by the worship team and the congregation
This is the most common usage of copyrights in services. For a church to
legally webcast its performances of copyrighted songs, it must secure an
internet performance license from song owners.
Christian Copyright Solutions
(CCS) offers a one-stop annual internet performance license for
churches and ministries called
WORSHIPcast. The
WORSHIPcast license allows churches and ministries to webcast their
performance of every song licensed by ASCAP, BMI and SESAC, representing
more than16 million Christian and secular songs.
Songs lyrics are put on a video screen
It is common practice to put song lyrics up on a screen during song
performances. The CCLI license allows
churches to make copies the lyrics required to do this, but does not
cover the webcasting of these lyrics. Permission is required from the
song’s owner to webcast these lyrics. Many churches avoid the problem by
keeping their video screens out of frame when recording the service.
Recordings of songs are played
Commercial sound recordings are often played during services. These
recordings might be background music on animations or professional split
tracks. In order to webcast these recordings, permission must be
obtained from the owner of the recording. There is currently not a
simple blanket license or mechanism for securing these licenses, but
some record labels will issue licenses for webcasting their recording.
This can be a complicated process, particularly with weekly activity. As
a result, it is probably best for webcasting churches to avoid using
commercial song recordings, while ensuring that internet rights are
included for split tracks.
Webcasting copyrighted images
Churches frequently use photos and drawings
to illustrate points during a sermon or to provide a backdrop to a
performer. It is important to secure permission to webcast any
copyrighted image. If the image is provided by a church member, be
certain to get a release form signed by them. To ensure that your images
can be webcast, stick to royalty-free catalogs like
iStockPhoto and
Getty images.
Webcasting copyrighted video
Video and animations are also commonly
featured in services. Videos clips from popular culture are often used
to highlight points in sermons. While the
CVLI license allows churches to play or perform many of these videos
on the church premises, it does not allow editing, reproduction or
webcasting the videos. While it is possible to get permission for
webcasts from movies studios, it can be very time consuming and
expensive. It is recommended that churches avoid commercial video clips
if they want to webcast their services.
Many churches are now using animations to “jazz up” their services.
These animations take the form of “service starting” countdowns and
transitions between segments of the service. Be certain to confirm that
you have permission to webcast these animations if you use them as part
of your service. The contracts that many animation distributors have
with their filmmakers often do not allow for webcasting.
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