Legal Question in Intellectual Property in New York

Can the pastor of a church legally record and video tape any part of a sermon or bible class and then air it on radio or tv without consent of everyone who may be present at the time of recording?


Asked on 7/24/10, 9:12 am

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Individuals have the right to control the distribution of their images on television. Radio isn't as much of a problem because the only person talking is usually the pastor.

If the pastor plans to televise the service, s/he needs to at least publicly display (perhaps in the bulletin?) a notice to the congregation that notifies the individuals that the service is being recorded for television and their continued presence in the church is their consent for their images to be used without further notice or compensation. Better yet, the pastor really should collect a signed release form from everyone in the congregation, including the parents of minor children granting consent for the child's image to be broadcast. The time to collect signatures is before the service (and its recording) starts.

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Answered on 7/24/10, 7:02 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. The pastor should have everyone sign a release. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/25/10, 8:00 am


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