Is Your Photocopier an Illegal Weapon?

There is a new law in our land: Public Law 94–553 to be precise, most often called Copyright Law S. 22. But S. 22 does not really apply to the church, does it? A pastor from upstate New York speaks for many when he writes:

“For as long as I can remember, churches have mimeographed song sheets for banquets, meetings, conventions, etc. I understand it is illegal to reproduce copyrighted material in any fashion. Many youth groups have gotten together a collection of contemporary hymns and choruses and have mimeographed small song books, that is reproducing only the words. I think all of us in the Christian ministry want to be law abiding citizens, but we are not sure just what the law allows and what it does not allow.”

Even under a loose interpretation of the law reproducing copyrighted material is illegal. Taking something that belongs to someone else always is, particularly now under S. 22, which grants longer protection and greater rights for the creator. Not that the idea of a copyright law is anything new. Congress in 1790 first exercised its constitutional power “to promote the progress of Science and useful Arts by securing for limited times to Authors and Inventors the exclusive Right to their respective writings and discoveries.” Three times since then, most recently in 1909, the copyright law has been modified. But over the last half-century, and more particularly in the last twenty years, with great technological change (photocopiers, tape recorders, cable television, and the like), the law has been revised and rewritten.

Initiated by Congress in 1955—twenty-two years ago—the new Copyright Law S. 22 was signed on October 16, 1976, by President Ford and became effective January 1, 1978. The new law, after agonizing and prolonged negotiations among representatives of artists and authors, publishers and producers, and the general public, strikes an equitable compromise between the right of copyright owners and the needs of the users. For example, the work of the author-creator is better protected under a new single system of statutory protection for all copyrighted works, whether published or unpublished. It extends the copyright fifty years beyond the life of the author—without renewal. Before, the work was copyrighted from the date of creation or production, usually for twenty-eight years with a second renewal period of another twenty-eight years. The new law has even extended the renewal period by nineteen years to seventy-five (rather than fifty-six) years for materials published before 1978. The new legislation also increases the regulatory role of the government. A new Copyright Royalty Tribunal is now charged with various rate-setting and royalty-distribution responsibilities in connection with cable television (CATV), juke boxes, pictorial works, public broadcasting, and sound recordings of music. None of these was covered in the old law.

Although the law gives five fundamental, exclusive rights to copyright owners—the rights of reproduction, adaptation, publication, performance, and display—it also extends the consumer’s “fair use” of copyrighted works. The principle of fair use is a specific limitation on the exclusive rights of the copyright owners. But it has its own limitations. S. 22 clearly specifies that criticism, comment, news reporting, teaching, scholarship, or research are not an infringement of copyright. For example, for teaching or scholarly research, a professor may make a copy of: a chapter from a book; an article from a periodical or a newspaper; a short story or a poem; a chart, graph, diagram, drawing, or cartoon; or a picture from a book, periodical, or newspaper. But in most instances only a single copy is allowed.

Factors considered under “Limitations on exclusive rights: Fair Use” include whether its use is for commercial or nonprofit educational purposes, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, the nature of the copyrighted work, and the effect of the use upon the potential market for or value of the copyrighted work. Fair use copies are intended essentially to supplement not substitute the use of the purchased work.

Multiple copying and systematic reproduction require the prior permission of the copyright owner, with one exception: multiple copies for classroom use, not to exceed more than one copy per pupil in a course, may be made under certain provisions of brevity, spontaneity, and cumulative effect. For example, poetry, if less than 250 words and if printed on not more than two pages, whether it were the total poem or an excerpt, may be reproduced for classroom use. So may either a complete article, story, or essay of less than 2,500 words, or an excerpt from any work of prose not to exceed 1,000 words or 10 per cent of the work, whichever is less, but a minimum of 500 words. If a teacher decides that he or she needs to reproduce material right away and there is no time to request permission, then reproduction of materials under the guidelines is permissible.

Copying cannot, however, substitute for the purchase of books, workbooks, test questions, and exercises.

Copyrighted music to the student cannot be charged over the actual cost of photocopying. Further, the copying of materials cannot be for more than one course in the school in which the copies are made; only one item or two excerpts may be copied from the same author, or three from the same collective work or periodical volume during one class term; and only nine instances of multiple copying for one course during one class term is allowed.

Copyrighted music may be photocopied or reproduced when the publication is out of print or to replace lost or stolen copies, such as in an emergency at a performance. Single copies of printed or recorded music can also be made for academic purposes other than performance. But there are certain prohibitions. Your best safeguard is to check with the publisher.

Public performances where there are no direct or indirect commercial advantages or compensation to anyone involved is not an infringement of the new law. Under S. 22, Section 110, educational institutions as well as places of worship or other religious or charitable assemblies do not have to pay royalties.

Translations of the Bible are also copyrighted, much to the chagrin of some. Other than the King James (Authorized) Version, which is in the public domain (the copyright on it having expired), and the Hebrew and Greek testaments, new translations and paraphrases of the Bible are protected by the new copyright law, just as they were protected under the earlier copyright law.

Copyrighting a translation, of course, protects the huge investments made by the sponsoring companies or societies, recoverable only through the sale of the finished product. And it protects the translation from being modified by others. If Bible translations, or church music, or periodical articles, or books were not protected, who would pay for the cost involved in translating, or scoring, or printing?

Of course, under the fair use provision, the church can produce certain portions within specified uses of copyrighted materials provided credit is given: “Copyright” (or ©), together with the year(s) of the copyright, the copyright owner, and the source.

Longer excerpts may be reproduced at the discretion of the copyright owner. When seeking permission, the following ingredients are necessary: (1) title, author and/or editor, and edition of materials to be duplicated; (2) exact material(s) to be used, giving amount, page numbers, and so forth; (3) number of copies to be made; (4) purpose for which you want the material; (5) form of distribution; (6) whether or not the materials will be sold; and (7) method of reproduction. Requests should be sent with a self-addressed return envelope, and with address on the request form as well, to the permissions department of the publisher or company. Allow enough time for your request to be answered.

Additional detailed information on the new law may be obtained from the Association of American Publishers, 1707 L St. NW, Suite 480, Washington, D.C. 20036. Their booklet, “Explaining the New Copyright Law,” which costs one dollar, offers “a guide to legitimate photocopying of copyrighted materials.” Copies of the new statute may be obtained at no charge from the Copyright Office, Library of Congress, Washington, D.C. 20559. The Copyright Office also has a mailing list for receiving update information.

D. Bruce Lockerbie is chairman of the Fine Arts department at The Stony Brook School, Stony Brook, New York. This article is taken from his 1976 lectures on Christian Life and Thought, delivered at Conservative Baptist Theological Seminary in Denver, Colorado.

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