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Who Owns a Pastor's Sermons?

Most clergy are shocked when they learn the answer.

Most clergy would be shocked to learn that their sermons are works made for hire that are owned by their employing church, and that their sermons cannot be used in any other churches with which they are later employed without the permission of the church with which they were employed when the sermons were created. This can become a contentious issue in the case of clergy whose sermons are recorded and sold publicly by the church.

Are Sermons Works Made for Hire?

Are a minister's sermons works made for hire that are owned by the employing church? To the extent that sermons are written in a church office, during regular working hours, using church secretaries and equipment, it is possible if not likely that they are works made for hire since they are created by an employee within the scope of employment.

The argument could be made that sermons are works for hire even if composed ...

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Posted:
  • September 19, 2011

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