Wednesday, September 30, 2009

Re: [Avid-L2] OT: Copyright Resources

The other issue you run into is public performance rights. While there
should be no problem referring someone to a YouTube URL, actually going to it
during a service constitutes a public performance rather than a personal
use. This has a much larger chance of causing problems.

This brings us to the "chances of getting caught" argument. A lot of
copyrighted material gets used without permission because the use is too small
to find and/or prosecute. A small congregation in a rural church will get
away with a lot more than a Saddleback Christian Church. That's because the
Saddleback is big enough for someone to see something they should be getting
paid for.

Something to share with your pastor, all creative works are copyrighted at
creation (with a small group of exceptions that involve government work).
You don't have to file anything. The artist holds the copyright unless it is
a work for hire, then the entity writing check owns copyright. There are
several Fair Use exceptions, none of which apply to worship services. If it
were a class or seminar, then some of the Fair Use clauses could apply. But
I doubt a judge would allow a sermon to qualify as fair use.

If he is insistent, let him/her contact the artist and negotiate
permission.

Quinton Lee, MIS
Q.A. Lee Consulting
Helping People and Technology Work Together


In a message dated 9/29/2009 9:58:28 P.M. Eastern Daylight Time,
MarkM@SR-Pro.com writes:

This is probably a good group to ask - I need a place to confirm what I
already know....

As the resident "video professional" I frequently run the video
projection system in our church. A new pastor is constantly asking to
use You Tube clips. As a professional, I know these kids don't get
permission to use the pictures, or the music, let alone get the
mechanical rights to combine them - but yet the You Tube Police don't
seem to be acting, especially on the Christian clips, which makes people
complacent.

Can anyone point me to a place where I can see this spelled out, so it's
not just coming from me? Right now everyone thinks I'm just being
neurotic because I can't show them a legal opinion.

Thanks
Mark


--
Owner/Director
S.R. Film & Video
195 W Broad St
Salunga PA 17538


Cinematography, Still Photography, Copy Writing,
Post Production, Web Hosting & Design

Office: 717-393-5504 ex 142
Cell: 717-203-0976
Fax: 717-393-1833

www.SR-Pro.com <http://www.sr-pro.com/>


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