Your youth group holds a weekend lock-in. Several in the group bring their favorite videos. Around 2:00 a.m. they watch “Free Willy.”
You use a short clip from “The Mission” to illustrate your message at the annual missions conference.
Your church operates a daycare center. Every Thursday afternoon one of your workers rents a video from Blockbuster for the children to watch.
You could be breaking the law.
All of these are illegal uses of video cassettes if your church does not have a license for public performance video viewing. Purchasing or renting a video does not carry with it the right to publicly exhibit that video. For that, you need a separate license.
Unintentional infringement
It was just a few years ago that churches began to take music copyrights seriously. Now, as more and more churches use multimedia, it’s essential to know the laws. We tend to fast-forward through the “FBI Warning” at the beginning of videos, but pre-recorded videos, whether purchased or rented, are for home/ private use only. Private showings are considered to be for a “normal circle of family and its social acquaintances.”
All other showings of home videos—such as at church—are deemed “public” and “subject to copyright control.” The only exception is under certain, narrowly defined instances, referred to as “face-to-face teaching activities,” which applies to full-time, nonprofit, academic institutions only. Because of this full-time status requirement, Sunday schools and daycare centers do not qualify.
Showing a video without the copyright owner’s authorization is a copyright infringement; fines range from $500 to $20,000—even if you are nonprofit and didn’t charge admission.
Umbrella license
The Motion Picture Licensing Corporation (MPLC) is an independent organization that licenses, or allows, churches, schools, and other organizations to show videos publicly.
MPLC holds exclusive authorization from many major motion picture studios to provide an umbrella license. This eliminates the need to get permission for each video you wish to show. Umbrella licenses grant unlimited showings on many home videos. You ask for permission once a year, for one location, instead of every time you show a video.
MPLC offers a renewable, annual license for $95 per congregation.. Additional programs (e.g., a church preschool) may be on the same license at a minimal additional fee.
Public performances may take place only at the location you specify on your license. Any other location is not covered. And the audience should be limited to the number of people normally present at that location. The license doesn’t cover advertising specific titles to the general public or charging a fee to view them.
Dilemmas
MPLC is looking to include more Christian producers, such as Word. But for now, if you want to show that new Amy Grant music video to your youth group, you have to obtain permission through the individual producer or distributor. Also, at least one major Hollywood studio, mgm, does not have an agreement with mplc. If you want to show an MGM movie like “The Wizard of Oz,” you have to get permission through MGM.
The license applies to unedited films only. According to Sal Laudicina, vice-president of media relations for MPLC, it is unlawful to edit, duplicate, or modify a video without permission from the studio or copyright holder. This means that if you want to show a clip in your worship service that includes some innapropriate material, you must show the clip as is, with no alterations. If you want to edit out some of the language, for example, you need to contact the studio or copyright holder. Laudicina admits the studios are not known for expediency in responding to such requests, and the red tape is tedious to cut through, especially if you are requesting an edit for the next Sunday service. “Since most churches are on a time line,” he adds, “it’s better not to try editing.”
Finally, if you have taped something from television and plan to show even a portion of it at church, you will be breaking the law, even with an umbrella license. Under no circumstances is it legal to show material gathered that way.
For more information or to receive a licensing application, contact:
The Motion Picture Licensing Corp. 5455 Centinela Avenue P. O. Box 66970 Los Angeles, CA 90066-6970
310/822-8855 or 800/462-8855.
Churches may sign up over the telephone as well. Payment can be sent with application, or mplc can bill the church. An annual Certificate of License is then sent through the mail.
Ginger E. McFarland is editorial coordinator of Leadership.
1996 by Christianity Today/LEADERSHIP journal
Last Updated: September 18, 1996
