Copyright Laws Commentary
Copyright law is designed to protect the “authors” of materials, including the creators of music, film and video. There are specific laws that govern our ability as ministers to use copyrighted material. Copyright infringement is stealing because it denies authors the income from sale, licensing, or rental of their property.
Copyright law gives authors exclusive rights to:
- Reproduce the work
- Prepare derivative works
- Distribute copies of the work
- Perform the work publicly
- Display the work publicly
This protection extends to literary works, musical works, and accompanying words, dramatic works and music, pantomimes and choreographic works, pictorial graphical or cultural motion pictures other AV’s (including videos), sound recordings.
Related Policies
5.33 All youth ministry programming and events in the Diocese of Wilmington are to abide by Copyright Laws as outlined in this section.
Movie Copyright Commentary
The Federal Copyright Act (Title 17, United States Code, Public Law 94-553, 90 stat. 2541) governs how copyrighted materials, such as movies, may be used. Neither the rental nor the purchase of a videocassette or DVD carries with it the right to use the movie outside the home. To assist in your understanding of the law, the Office for Catholic Youth Ministry provides the following commentary to the law in brackets [ ].
“Fair Use”
In some instances, it is not required to obtain a Movie Copyright Compliance Site License when exhibiting copyrighted materials such as videocassettes or DVDs. This “face-to-face teaching exemption” applies only to full time non-profit educational institutions and only IF:
- A teacher [or youth ministers/DRE, etc.] is in attendance and
- The showing takes place in a classroom setting [even a parish hall will suffice] and
- The movie is used as an essential part of the current curriculum being taught
[According to the Motion Picture Licensing Association, parochial schools and parishes affiliated with the schools are exempt from purchasing a site license so long as the above criteria are met. This means, for instance, that a youth minister or classroom catechist can show a movie or clip(s) of a movie as part of the educational process or in ministry setting (and not solely for entertainment). Writing out the curriculum is recommended and adult leaders should be reminded that the law prohibits the use of pirated movies. Only an original (rented or owed by the teacher) are to be used in a classroom setting.]
Examples of situations where a Movie Copyright Compliance Site License must be obtained are public libraries, day-care facilities, and non-classroom entertainment movies being used at schools for after school activities. This legal requirement applies:
- Regardless of whether an admission fee is charged
- Whether the institution or organization is commercial or non-profit
- Whether a federal or state agency is involved
If you are uncertain about your responsibilities under the copyright law, consult the Office for Catholic Youth Ministry.
[This part of the Copyright Code can present a problem for parishes and schools as it prohibits the use of movies for purely entertainment purposes. This would include showing movies on a bus while on a trip or at an after school care program, as well as a ‘movie night’ with no written curriculum, educational purpose or oral evaluation or discussion of the event. To show movies or clip(s) of movies in such settings, a Site License should be purchased from the Motion Picture Licensing Corporation (www.mplc.com). Before purchasing a license and for more information, contact the Office for Catholic Youth Ministry as discounts may be available.]
Related Policies
5.33 All youth ministry programming and events in the Diocese of Wilmington are to abide by Copyright Laws as outlined in this section.
Print Copyright Commentary
Printing a poem, article, drawing, etc. is a violation of copyright law unless permission of the author is obtained. Merely citing the source is not adequate.
Exceptions: Copies of educational use may be exempted under the following circumstances:
The “fair use” portion of the copyright law will allow use of some works for criticism, scholarship or teaching. Several factors have to be weighted: purpose, nature of work cited, amount used possible effect on market value. Possible exceptions under fair use section: one Section of a book, a single short poem or essay, articles of less than 2500 words, or part of a longer article if the portion to be copied does not exceed 100 words or 10% of the whole. Consumable texts, workbooks, and standardized tests may not be copied.
Related Policies
5.33 All youth ministry programming and events in the Diocese of Wilmington are to abide by Copyright Laws as outlined in this section.
TV Broadcasts Copyright Commentary
When the criteria for fair use are met, it is possible to use a part of a copyrighted television program. However, there are very specific guidelines “for classroom copying in non-profit Educational Institutions”. This document allows teachers to video tape programs from television for classroom use if the following provisions are met:
- Tapes will be used only in the ten days immediately following the broadcast
- Tapes are erased within forty-five days after the original broadcast.
Related Policies
5.33 All youth ministry programming and events in the Diocese of Wilmington are to abide by Copyright Laws as outlined in this section.
Why is Copyright Infringement a Concern Commentary
The concept of “Public Performance” is central to copyright and the issue of protection for intellectual property. The men and women who work for and in the films’ production receive royalties as part of their compensation for their labor and skill. Such royalties are the only way publishers, writers, composers and many workmen are paid for their work.
Copyright Infringement Can Result in Costly Penalties
In addition to clouding one’s media compliance reputation, computer software and other areas, copyright infringement can be very costly and can easily be avoided. [Failure on the part of individuals or institutions to adhere to the Federal Copyright Laws can result in fines and unwanted publicity. It benefits everyone to follow the guidelines presented here.]
Copyright Infringers Can be Prosecuted
The Motion Picture Association of America and its member companies are dedicated to stopping film and video performance theft in all its forms, including unauthorized public performances. By its very mission, a school [or parish] should not appear to encourage copyright violation less it be considered a contributory infringer.
Related Policies
5.33 All youth ministry programming and events in the Diocese of Wilmington are to abide by Copyright Laws as outlined in this section.