by Anthony D. Coppedge, CTS 12 Jul 2005

Have you ever wanted to use a video clip from “Lord of the Rings” to bring home a point in a sermon? Or maybe you wanted to take those scenic landscape shots from the movie and edit them together as a background for the lyrics from the song "Majesty." In either case, you're most likely wanting to copy from the DVD (or VHS tape) and play it back from your computer — for the sake of convenience.

Copyright usage of videos in churches is a hotly debated topic. While the laws aren't always crystal clear, the main excuses/reasons you'll hear from church leaders about why they think it's OK to use any video clip include:

"Fair use" (citing something they can't really define)
"We have a CVLI license"
"We're too small for anyone to care"

Here in the U.S., the copyright laws are sometimes difficult to navigate. "Fair use" seems to be the most common response to avoiding copyright infringement, but it is also the least understood.

Fair use?

Fair use is subject to certain limitations found in sections 107 through 118 of the Copyright Act (title 17, U.S. Code). Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in Section 107 of the Copyright Law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Some churches have subscribed to Christian Video Licensing International thinking this license covers them for any video usage. CVLI provides churches and ministry organizations with two options for using their license. The first allows for usage of video from a select list of smaller video production companies (no big name companies here).

Their second license type is called the Total Producer Package, and does cover a few recognizable names such as Artisan Entertainment, Fox Searchlight Pictures, Paramount Classics, Sony Pictures Classics, Touchstone Pictures, Turner Home Entertainment, Twentieth Century Fox Film Corp., Warner Brothers and Universal Pictures.

This covers quite a few movies for playback, but it still doesn't allow for a church to digitize clips or edit from DVD or VHS to another source. That kind of license is called a Synchronization and Mechanical license, and must be obtained from the movie license holder, even if they're a CVLI-listed company.

The misunderstanding about what churches can and cannot do with video clips is immense. However, our course of action is clear: Ask permission, get it and you're covered.

It's not all bad news!

Don't look so sad! There's also easy-to-use, no-permission-needed content that your church can use, including your own content, royalty-free content and specific church-licensed content.

The easiest, of course, is the use of your own video footage (assuming you don't break laws taping something). With the quality of video cameras today, along with a good tripod, a good microphone and decent lighting, it's not too difficult to capture footage for your own uses.

Royalty-free content, sometimes called buy-out content, is also a simple way to get the footage you need for a flat fee. Companies like PhotoSpin, ArtBeats, Worship Films and WorshipScapes have created very good quality content that you can order or, in some cases, download online. These products are a buy-once, use-forever stock library of footage that can fit just about any situation.

Several companies have realized the need for more video content in churches and provide specific pre-edited content for instant use. Companies that I personally use and endorse include:

Digital Juice
Vertical Sky Productions
Midnight Oil
Digital Hotcakes
CreativePastors.com
Highway Video
Radiate Films
Maranatha!
NAMB E-ssentials
12InchDesign

These companies provide bundled products, thematic content, creative content and great video quality for very easy usage. Most of these companies even provide an enduser license agreement that lets you digitize their content for editing.

Planning makes it easier

If you still want to use that “Lord of the Rings” DVD clip, you'll need to plan far enough in advance to try and get permission. I know this doesn't sit well with the last-minute weekend messages.

But when you plan far enough in advance (30 - 90 days), you'll have a better chance of obtaining permission to use the video. It's not unusual when four to six weeks pass before permission — or the lack thereof — is given.

Even with all of this information, there are arguments that can still be made in a court of law — both by the church and by the copyright owner to dispute the usage of copyrighted videos.

In fact, some churches think they're so small that it just won't matter. Two issues with that reasoning:

1. The copyright owners (especially the big companies) sometimes make examples out of small offenders. Let's face it — most churches can't afford the court costs much less the potential penalties; and
2. Church leaders should be above reproach (1 Timothy 3).

Finally, it may take planning and work to use copyrighted content for worship services, but the value of reinforcing messages with powerful video support is worth the trouble.

Reprinted with permission from the Church Media Hotlist Newsletter.

Anthony Coppedge provides consulting to churches for developing and growing a Media Ministry, building teams, casting vision and even choosing the right equipment. He lives in Bedford, Texas, with his wife and two daughters and can be reached at anthony@anthonycoppedge.com.