Post on 17-Jan-2016
Operations 104Intellectual Property,
Class 9
INTELLECTUAL PROPERTY: COPYRIGHTS & TRADEMARKSDavid Middlebrook & Matt Anthony
Today’s Topic
Pastors deliver sermons and then write a book based on the sermon series. Worship leaders create songs, teach them to their church and then a music publisher wants to sell the tune on iTunes. Children’s ministers put together curriculum for elementary kids, it goes viral and revenue is generated. Who owns this intellectual property? Where was it created and on whose time—personal or church time? This area of law is not murky as universities and corporations have wrestled with intellectual property issues for decades. What is murky in most churches is policy on intellectual property. In this module, we will examine the law, policy and practice of “who owns what in your church.”
Church Law Group
Matt Anthony & David Middlebrook are nationally noted attorneys and founders of The Church Law Group of Grapevine, Texas.
David’s practice emphasizes tax-exempt organizations. He has authored and published numerous articles on nonprofit topics and is a frequent speaker on church-related legal subjects. He wrote The Guardian System for the prevention of child abuse, and was awarded an Evangelical Christian Publishers Gold Medallion award.
Church Law Group
Matt Anthony’s practice focuses in the area of nonprofit organizations with an emphasis on compliance issues, executive compensation and litigation/arbitration. He is AV Rated by the Martindale Hubbell Peer Review Rating System. An AV rating is a testament to the fact that his peers rank Mr. Anthony at the highest level of professional excellence.
Trademark vs. Copyright
Trademark Difficult to Secure Easy to Understand
Copyright Easy to Secure Difficult to Understand
Trademark
A recognizable sign, design, or expression which identifies products
or services of a particular source from those of others.
Copyright
Understanding licensing terms, mechanical licenses, deconstructing
licenses, music licenses, print licenses, synchronization licenses.
Complaints about © Law
Expensive Complicated Incomprehensible Punitive Restricts freedom of expression Not American!**
Benefits of © Law
Provides economic incentive Encourages creativity Dissemination of creative works Advances public welfare The American Way!
Creators
Users
Worried?
Navigation Strategies
Who Owns It? Church Employee
Facilities Maintenance Videographer Musician Assistant Pastor Senior Pastor
Church Property/Staff During business hours Used Church’s property Used Church’s staff
Volunteers/Independent Contractors
Works Made for Hire
A work prepared by an employee within the scope of his or her employment, or an
independent contractor, by written agreement.
Who is an Employee?
Can volunteers be employees?
What about independent contractors? Website Developers Musicians Graphic Designers Audio/Video Technicians
Architects?
Source of Copyright Law
The Constitution
The Congress shall have the Power….To promote the progress of Science and useful Arts, but securing for limited Times to Authors and Inventors the exclusive Rights to their
Respective Writings and Discoveries.
Article 1, Section 8, Clause 8
What is Copyrightable?
Literary Works
Musical Works
Dramatic Works
Architectural Works
How
Original?
What is Not Copyrightable?
Not fixed in a tangible form;
Ideas, procedures, concepts, or discoveries;
Titles, names;
Familiar symbols or designs; and
Works containing no original authorship.
Rights of Copyright Owner
Reproduction
Adaptation
Distribution
Public Performance
Public Display
Securing Protection
Common Law
Registration
Benefits
Notice of Copyright
No notice is required.
©, “Copyright”, or “Copr.”, year of publication, name of copyright owner.
Copyright Term
Life Plus 70
95 years from Publication
Infringement
The violation of any exclusive rights of a copyright holder
Examples Use of whole or part of a book without permission Use beyond the scope of a license Adapting an image without permission Unlawful copying of work
Ignorance of © law is no excuse
Penalties
Actual damages
Statutory damages per violation
Attorney’s fees and costs
Injunctions
Impounding
Destruction of copies and equipment
Copyright Myths
Misuse &Abuse of the Fair Use Doctrine No “innocent infringement” defense No blanket exemption for nonprofits, including
churches. FBI warning: “For home or private use only”
includes playing video at church events. No “10 seconds or less” rule. No “100 words or less” rule. Not “Okay to display words/lyrics, but no the
music” rule.
Eighth
Commandment
Examples
Fair Use
vs.
Not Fair Use
“Educational Institution”Fair Use
Includes a school run by a church, but not a Sunday School.
Religious Service
Exemption
4 Goals of a Comprehensive IP Policy
1. Protect the Church.
2. Clarify respective rights of all parties.
3. Foster a creative workspace.
4. Avoid IP disputes and lawsuits.
IP Pyramid - Creators
5%
15%
80%
IP Pyramid - Contracts
80%
15%
5%
We can help you develop a
Comprehensive IP Policy.
Q & ASend Questions via Chat