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