INTRODUCTION
Mark Twain once remarked that “only one thing is impossible for God—to find any sense in any copyright law on this planet.”
This book was written to provide ministers, lay church leaders, musicians, choir directors, publishers, and attorneys with a nontechnical explanation of copyright law and its application to the kinds of common church practices described above.
It is an important task, since few areas of law affect church practices more pervasively than copyright law. Copying of choral music or church school literature, insertion of hymn or chorus lyrics in church bulletins, compilation of “chorus booklets,” use of overhead projectors and transparencies in religious services and in teaching, making of audio and video tapes of church services, copying computer programs, web sites, the broadcast of religious services over radio or television, use of copyrighted translations of the Bible, performance of copyrighted music in the course of religious services, and the use of videotapes in church youth services—these are but some common church practices that are directly affected by copyright law.
Further, copyright law involves the application of special rules that are not clearly understood by church staff members, church leaders, musicians, and even sonic publishers and attorneys. As a result, there is considerable confusion regarding the application of copyright law to churches. This confusion has contributed to widespread misinformation and noncompliance with the law. Such noncompliance, even if unintentional, can result in substantial damages.
Before proceeding with an explanation of copyright law, there area few preliminary comments that must be considered.
First, churches cannot afford to persist in acts of copyright infringement because they know of several other churches that are doing it. It is time for church leaders to apprise themselves of their obligations under copyright law, and to act responsibly. Many ministers and lay church leaders, when apprised of the relevant provisions of the copyright law, may disagree vigorously with some of those provisions. They will not be the first to do so. However, disagreement with a provision of the law is no justification for violating it. Expressing disagreement with the law through willful violation can have disastrous consequences, since damages for copyright infringement are substantially higher when the infringement is will-fill.
Second, this book was not written to justify copyright law or defend the position of publishers and authors. Rather, it was written to explain the pertinent issues of copyright law in an objective and intelligible manner.
Third, this book was not written to dictate any particular course of conduct. Again, the purpose is educating church leaders so they can make informed decisions concerning their response to the issues addressed.
Finally, this is the third edition of this text. The first edition was published in 1988, and the second edition was published in 1990. It is time to address the application of copyright law to church use of computers and electronic media including CDs and the internet. In addition, much of the text has been rewritten in light of changes in the law. The purpose of the text, however, remains the same as stated in the introduction to the first edition, “to provide churches, church leaders, clergy, choir directors, musicians, publishers, and attorneys with a nontechnical explanation of those provisions of the copyright law of greatest significance to churches.”
Richard R. Hammar, J.D., LI,.M., CPA
July 2001