Legal Question in Intellectual Property in Texas

Does a church need to have a copyright license to store song lyrics on a computer, congregational singing on audio recordings of services, print songs on bulletins, have song handouts, use overhead transparencies, or computer projections of song lyrics used in congregational singing?


Asked on 2/04/10, 12:27 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

I could give you the legal answer which is yes, but I will give you the practical answer, which is NO. No self-respecting copyright owner is about to sue a church for copyright infringement provided the church is not mass producing songs and selling them commercially. For you to store song lyrics on a computer, record the congregation singing, have songs on bulletins, have song handouts, use overhead transparencies and even computer projections of song lyrics in congregational singing is not going to be enough for a copyright owner to sue your church provided it is just in your church and you are not distributing to other churches for profit. One caveat, if "a church" means one of the Texas megachurches, that could be enough to draw fire from a copyright owner due to the number of copies and the wealth of the church. There are "fair use" considerations that bear on this issue. I am reading your question to suggest that this church is not a small one, so I think this church should spend a few bucks with a good copyright lawyer (me, for example) for a consultation to review the intended activities more specifically and determine if they are "fair use" and how much the license would cost. I am guessing that the license cost would be negligible. Bottom line: Little danger of suit here unless it is a really big church or a big commercial distribution is taking place. Copyright owners just don't want to be seen as suing a church.

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Answered on 2/09/10, 3:21 pm


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