Attorney Kimra Major-Morris shared some basic trademark and copyright principles to avoid activities that create legal risks while conducting virtual worship services, and more.

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LEGAL WORSHIP
IP BASICS FOR
CHURCHES
By Kimra Major-Morris

2. LEGAL DISCLAIMER
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Nothing in this presentation is intended as legal advice. This
presentation is merely informational, for educational purposes and is
not a substitute for hiring an attorney to advise you on your specific
situation. Please seek out an attorney before making legal decisions
based on the information in this presentation.

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Introduction
Copyright and Trademark laws and churches
are seldom if ever, thought of together, as it is
often assumed religious activities are exempt.
It is important for worship leaders to be aware of
the laws that govern material used in worship,
and to be proactive regarding the church’s
brand strength.
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Copyright Law
Basics
What are copyright laws? They are federal laws
protecting the tangible expression of ideas. Ideas
become tangible by definition when they are
recorded in a physical format- such as written
down, recorded, illustrated etc.
Works created after January 1st 1978 are
protected for 70 years once they are physically
recorded by default.
Registration is not necessary to acquire
copyrights, but must be undertaken should the
author ever wish to sue.
The eight broad categories of work eligible for
copyright are: literary work, musical works,
dramatic works, pantomimes and choreographic
work, pictorial/graphic/sculptural work, audio-
visual work, sound recording, and architectural
work.
The 6 exclusive rights, once the work has been saved in a
tangible format, are as follows:
The most common violation of copyright laws by places of worship is the
direct violation of performance and display rights.
The right to
reproduce the work
The right to produce
derivative works based
on the original
The right to sell or lease
copies of the original
work
The right to perform the
work publicly (if applicable
to the type of work)
The right to display the
work publicly (again,
where applicable)
The right to perform the
work in the case of
sound recordings
(applicable to audio
works)
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Copyright Ownership
Cannot assume that the original
author of the work is the current
copyright holder
Non-authors can become
copyright holders.
The author is always the original
copyright holder, regardless of
registration.
Copyrights can be assigned, shared,
licensed by contract, terminated, or
expired to other parties.
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How Are Copyrights
Assigned To Other
Parties?
• Employers pay fees in exchange for
ownership rights when commissioning
creative services of employees/contractors.
• For a transfer of ownership, a work made for
hire agreement must be signed with the
assignment of copyright in the language of the
document. The creator then has no right to use
the work after signing such an agreement and
must seek permission from the copyright owner
should they wish to use it.
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Key Points to Consider for
Copyright Ownership
Copyrights may be assigned or
licensed to other parties for a
fixed period of time (for
example, within publishing
deals).
All 6 rights can be assigned, or
only a limited number.
Copyright assignments must be
recorded in writing to be valid and
then filed with the copyright office.
Copyright assignments are
important in estate planning.
Just because proof of copyright
cannot easily be found online
does not mean that the work is
in the public domain, and it
should not be assumed as
such.
Intent is not required for an
infringement claim to be made.
Even if something doesn’t feel like
stealing, it can still lead to
prosecution for using copyrighted
material without permission.
Never assume something is free
to use just because you cannot
locate the copyright holder.
Often information with the
copyright office is simply be out
of date.
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Fair Use
Overview
The law provides some
guidelines relating to the fair use
of protected works. These are
exceptions to the need to seek
permission.
The fair use guidelines do not
protect the use of copyrighted
works for commercial gain.
So what is acceptable? Using
the work for:
Criticism Comment
News
reporting
Teaching (such as
making multiple copies
for classroom study)
Scholarship Research
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The fair use doctrine uses a four-factor
balancing test regarding qualifying
exemptions. These four factors are:
The purpose and character of the use: is
it for commercial or non-
profit/educational purposes?
The nature of the copyrighted work
The portion of the copyrighted
work used
The effect of the use on the
market for the work or value of
the copyrighted work
The works that most commonly qualify
for exemption are published works. Use
of original, unpublished works is less
acceptable.
There is no solid way of knowing
exactly what is acceptable to use.
Merely crediting the original author is
not always enough to avoid an
infringement claim, and neither is
acknowledging that the work was used
without authorization.
Imaginative works are more strictly
protected than factual works. However,
the law recognizes that blocking the
use of all protected works would stifle
various important societal benefits
and needs.
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Exemptions
The Fair Use Doctrine states the following:
“The performance of a non-dramatic literary or musical
work or a dramatico-musical work of a religious nature, or
display of a work, in the course of services at a place of
worship or other religious assemblies” is exempt from
infringement.
This is known as the Religious
Services Exemption and has
become much more relevant in
recent years due to digital ways of
distributing material.
It is important for religious
leaders to be educated on
what is and is not infringement:
the Religious Services
Exemption DOES NOT apply if
the service is broadcast.
This is not a common-sense
rule and has been subject to
widespread debate.
Ignorance of the law does not
protect against infringement.
Religious organizations must
have the author’s consent in
writing prior to the
broadcast of the
performance.
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License Overview
Religious organizations must
realize their vulnerability to
infringement claims, and be
aware of the law.
The biggest issue is the
unauthorized use of music in
worship services.
Church copyright licenses
were introduced in 1984
These are annual blanket licenses
that can be purchased to avoid
individual copyright claims.
However, it should not be
assumed that these licenses
cover all bases.
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12. Basic IP Protections
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1. COPYRIGHT for CREATIVE CONTENT AND ARTISTIC WORKS
(original writings, music, visual art (including avatars), sound recordings, software apps, and audio-
visual works)
www.copyright.gov
***Without a copyright registration, you cannot sue for infringement, attorney’s fees, or statutory
damages
***Register within 90 days of publication and qualify for between $750.00 - $150k per work (per
party)
2. TRADEMARK for BRAND IDENTITY
PROTECT BUSINESS NAMES, LOGOS (including avatars), SLOGANS, and DOMAIN NAMES
Be sure to file for virtual goods or services, if applicable.
www.uspto.gov
3. Get clearances/licenses for any intellectual property you don’t own before using.
4. Have third parties sign off on warranties and representations for elements they bring.
5. Have clear language for the term, territory, exclusivity, and uses for any licenses issued.

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Questions
FAQs summarized below
What can be done about a member of the church recording the
service without a license?
It is the organization’s responsibility to avoid infringement, and this
includes preventing secondary recordings by all members and visitors
to the establishment.
Is it okay for a choir’s performances to be sold?
The sale of DVDs and recordings is an ongoing issue. Companies often
negotiate a price cap for recordings to be sold to a limited pool of
purchasers, and this should be negotiated with the original copyright
holder.
Can copies of a service performance by distributed to sick members
of the church?
As this does not fall under promotional distribution of material for
commercial gain, this is allowed providing the church holds a license.
Can a friend sing to an accompaniment track for a wedding at my
church?
Accompaniments are not included in church licenses, so consent
must be obtained in advance.
Can I show an educational powerpoint including music clips?
Music must be royalty-free, or you must obtain permission. You should
also consider the relevant laws for the images used.
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Questions
FAQs summarized below
Which restrictions are there
regarding music for a service in a
public space, such as a park?
You should consider a mobile license
(and be sure that broadcasting is
included). An event license may also
be beneficial.
What does the law say regarding
publication of pictures of those in the
congregation without their explicit
consent?
A photo release must be signed to grant
permission for use of images of
individuals. Be aware that your
organization may be able to quote an
implied license for this situation.
How can we be sure a graphic designer
for our website uses original material?
The designer should sign the relevant
documentation ensuring they are the
original creator of any work to be
published on the website. You must get
the designer to assign the copyright
ownership to you following signing of a
suitable document with the appropriate
legal language.
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SOCIAL MEDIA:
@KIMRAESQ
(855) IPLAW81 / (855) 475-2981
kimra@majormorrislaw.com
STAY IN TOUCH!!