Kara Sears
Despite the common misconception that copyright laws do not apply to churches, they are in fact subject to the same laws as for-profit organizations. This means that churches require permission from the owner to use copyrighted music, even if they are a non-profit organization. The Religious Service Exemption (RSE) allows churches to perform or display non-dramatic literary or musical works of a religious nature during worship without infringing on copyright. However, this exemption does not cover the display of music or lyrics on a screen. With the rise of online streaming services, churches need to be particularly mindful of copyright laws to avoid interruptions to their live streams or, in some cases, large fines. To avoid copyright infringement, churches can purchase licenses from organizations like Christian Copyright Licensing International (CCLI) or follow procedures such as requiring each member to purchase a book for study groups instead of copying chapters.
| Characteristics | Values |
|---|---|
| Copyright Law Application | Applies to churches and other non-profit organizations |
| Religious Service Exemption | Allows churches to perform or display non-dramatic literary or musical works of a religious nature during services |
| Types of Copyrights | Only musical works and non-dramatic literary works are exempt |
| Types of Rights | Only "public performance" and "public display" of works are covered |
| Location and Setting | Applies during services at a place of worship or other religious assembly |
| Copyrighted Works Requiring Licensing or Permission | Music, choreography/dance/pantomime, and any "original works of authorship" |
| Church Blanket Licenses | CCLI License (reproduction rights) and PERFORMmusic License (performance rights) |
| Copyright Compliance Evaluation | Online tools and legal counsel can help churches assess their compliance and identify areas for improvement |
| Streaming Licenses | Churches may need separate licenses for streaming or publicly sharing recorded services |
| Public Domain Worship Songs | Some songs may be free to use and not covered by copyright restrictions |
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What You'll Learn
Religious Service Exemption (RSE)
The Religious Service Exemption (RSE) is a vital provision in the US Copyright Law for churches and religious organisations. Found in Section 110(3) of the Copyright Law, the RSE allows churches to perform or display copyrighted works without infringing the copyright.
The RSE covers two basic types of copyrights out of eight:
- Non-Dramatic Literary Works: poems, prose, short stories, books, and periodicals.
- Music: Religious and secular music, including dramatic musical works of a religious nature.
The RSE also covers two exclusive rights out of six:
- Public Performance: The RSE allows the performance of copyrighted works during religious services without requiring permission from the copyright owner.
- Public Display: The RSE permits the display of copyrighted works during religious services, such as displaying lyrics or sheet music.
Where does the RSE apply?
The RSE applies to performances and displays of copyrighted works during religious services, regardless of the location. This includes religious gatherings held in non-religious venues such as auditoriums, stadiums, or theatres.
However, it is important to note that the RSE does not apply to all activities within a place of worship. The exemption excludes performances and displays for social, educational, fundraising, or entertainment purposes.
The RSE does not cover the following:
- Music performed or played outside of religious services, such as in youth programs, conferences, or background music in common areas.
- Recording or retransmission of services, including streaming, video uploads, or broadcasting on TV or radio.
- Copying or reproducing religious music, lyrics, or other copyrighted works.
Ensuring Copyright Compliance
To ensure copyright compliance, churches can obtain blanket licenses that fit their specific activities. Popular licenses include the CCLI License for reproduction rights and the PERFORMmusic License for performance rights.
It is important for churches to evaluate their level of copyright compliance and seek legal counsel from a copyright attorney if needed.
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Copyright Compliance Report Card
The following is a step-by-step guide on how to report a church that breaks copyright laws, in the form of a report card.
Step 1: Understanding Copyright Laws
Firstly, it is important to understand that copyright laws do indeed apply to churches and other non-profit organizations. This means that churches need to obtain permission or the appropriate licenses to use copyrighted materials, even if they are not using them for profit.
Step 2: Religious Service Exemption (RSE)
There is an exemption in the form of the RSE, which states that the "performance of a non-dramatic literary or musical work or of a dramatico-musical work of a religious nature or display of a work" during religious services does not infringe copyright. However, this is very limited in scope and only applies to specific types of copyrights and rights, as well as locations.
Step 3: Common Copyright Infringements
Churches often use copyrighted works that require licensing or permission, such as music, lyrics, choreography, and written works. Using these without the appropriate licenses or permissions is a common form of copyright infringement.
Step 4: Obtaining Permissions
To avoid copyright infringement, churches can obtain the necessary permissions through licenses or by purchasing the materials they intend to use. Christian Copyright Licensing International (CCLI), Christian Copyright Solutions (CCS), and OneLicense are some of the leading licensing organizations for these types of materials.
Step 5: Reporting Copyright Infringement
If you believe a church is breaking copyright laws, you can report them to the Copyright Office. The Copyright Office will not honor a request for a copy of someone else's protected work without written authorization from the copyright owner, unless it is involved in litigation. However, they can provide information on the ownership of copyrights and conduct searches of their records to help identify potential infringement.
Step 6: Fair Use Doctrine
It is important to note that under the fair use doctrine, limited portions of copyrighted works can be used for purposes such as commentary, criticism, news reporting, and scholarly reports without requiring permission. However, this does not apply to using large sections of a work or playing part of a video without permission in a public setting.
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Copyright infringement
Copyright laws apply to churches and other non-profit organizations. Churches that use copyrighted works without permission are infringing on the rights of the creator and can be held liable for copyright infringement.
Religious Service Exemption (RSE)
The Religious Service Exemption (RSE) allows churches to perform or display non-dramatic literary or musical works of a religious nature during religious services without infringing on copyrights. However, this exemption has specific limitations and does not cover all types of copyrighted works or uses.
Fair Use Doctrine
The Fair Use doctrine is another exemption that allows limited use of copyrighted works for critique, parody, news reporting, and educational purposes. However, it involves a complex four-part test that may not be applicable in all church settings.
Obtaining Permissions and Licenses
To avoid copyright infringement, churches should obtain the necessary permissions or licenses for the use of copyrighted materials. This can be done through proper purchases, licenses from organizations like Christian Copyright Licensing International (CCLI) and Christian Copyright Solutions (CCS), or by following guidelines for fair use and religious service exemptions.
Reporting Copyright Infringement
If you believe a church is breaking copyright laws, you can start by gathering evidence of the infringement, including dates, times, and specific copyrighted works being used without permission. You can then reach out to the church directly to address your concerns and request that they obtain the necessary licenses or permissions. If the issue is not resolved, you may need to seek legal advice or contact the appropriate copyright enforcement authorities in your jurisdiction.
Additionally, you can suggest that the church evaluates its copyright compliance by taking a Copyright Compliance Report Card, which can help identify areas where they may be infringing on copyrights and provide guidance on obtaining the necessary licenses or permissions.
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Streaming licences
When choosing a streaming licence, it's important to consider the type of content your church will be streaming. For example, the WORSHIPcast Streaming Licence covers live and archived performances of worship services, while the CCLI Streaming Licence is more limited and only covers podcasting and streaming of worship services. If your church wants to stream a variety of content, including special events and guest performances, the WORSHIPcast Licence would be the better option.
Another factor to consider is the type of music you'll be playing during your streaming sessions. The WORSHIPcast Licence covers a wide range of secular and Christian songs from various genres, while the CCLI Streaming Licence is more limited and only covers Christian songs from the CCLI catalog. If your church only plans on streaming Christian music and has a CCL Copyright Licence, the CCLI Streaming Licence would be sufficient. However, if your church wants to stream music outside of the CCLI catalog, the WORSHIPcast Licence would be necessary.
Sound recordings are another element that can enhance streaming services. CCLI's Streaming Plus provides access to a large number of recordings that can be used during streams. However, the WORSHIPcast Streaming Licence does not provide coverage for sound recordings, and licensing would need to be obtained from the master recording owner.
In addition to these options, churches can also consider the PERFORMmusic and WORSHIPcast bundle, which offers complete performance licensing coverage for a variety of music in all church activities. This bundle provides tremendous freedom for churches to utilise music in their online and onsite activities.
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Religious Freedom Restoration Act
Copyright laws apply to churches and other non-profit organisations. US Copyright Law applies to churches, and they must obtain permission from the copyright owner to use copyrighted music. However, there is an exception for churches in the form of the Religious Service Exemption (RSE). This allows churches to perform or display non-dramatic literary or musical works of a religious nature without infringing on copyright. This exemption only covers public performances and displays of the works and only applies during services at a place of worship or other religious assembly.
Churches that use copyrighted works regularly will likely require licensing or permission. There are church blanket licenses available, such as the CCLI License for reproduction rights and the PERFORMmusic License for performance rights.
The Religious Freedom Restoration Act (RFRA) of 1993 is a US federal law that ensures that interests in religious freedom are protected. The bill was introduced by Congressman Chuck Schumer and passed unanimously in the House and with a near-unanimous vote in the Senate. The RFRA was passed in response to the US Supreme Court's 1990 decision in Employment Division v. Smith, which held that "neutral laws of general applicability" that burden the free exercise of religion do not violate the First Amendment.
The RFRA requires that strict scrutiny be applied to any law that burdens religious freedom. This means that a law may only burden religious freedom if it is the least restrictive means of pursuing a compelling government interest. The RFRA initially applied to both state and federal laws, but its application to state governments was ruled unconstitutional by the Supreme Court in 1997. The Act provides an exception if two conditions are met: the burden must be necessary for a compelling government interest, and the rule must be the least restrictive way to further that interest.
The RFRA has been cited in several court cases, including Burwell v. Hobby Lobby Stores, Inc. in 2014, where it was declared that nothing about the RFRA confined its application to solely First Amendment case law.
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Frequently asked questions
Yes, copyright laws apply to churches and other non-profit organizations.
The RSE states that the "performance of a non-dramatic literary or musical work or of a dramatico-musical work of a religious nature or display of a work, in the course of services at a place of worship or other religious assembly" does not constitute infringement of copyright.
The Fair Use doctrine is intended for critiques, parodies, news reporting, and educational uses. It involves a complex four-part test that most experts agree is often not applicable in a church setting.
You can contact a law firm that specializes in intellectual property issues, such as Tripp Scott, or seek legal advice from a copyright attorney.
