I recently have been asked about the legality of using a Youtube clip during a worship service. The clips used are either another product (like Integrity’s iWorship videos) that were uploaded onto Youtube, or a homemade video in which someone took a commercial recording and added their own video with lyrics on the screen. The church that asked this is using these clips during their corporate worship. So the question is: is it legal, and is the church at risk?m
I have posed this question to the leading church copyright experts in the nation, Christian Copyright Solutions, and they have confirmed that I’m on the right track (They’ll probably see my link there and respond in the comments, so read below!) I am not giving legal advice – I’m just giving my best response.
Viewing something on Youtube isn’t illegal for anyone. Publicly presenting a copyrighted work (the videos in question ARE copyrighted) is another story. However, since they are used in a worship service it would be covered under the “religious exemption” portion of copyright law. In order to publicly display song lyrics in any fashion, the church does need to have a CCLI license. That’s essential, and I wrote about it here. So the church is not infringing on copyright.
Now the person who uploaded the copyrighted track and/or video onto youtube – that person broke the law. It was a copyrighted work and they uploaded it to a public site. If Integrity Media or whoever wanted to have a hissy fit, Youtube would remove those videos immediately. Secular companies have been doing it left and right. In past posts on this blog, I have even linked to several Hillsong youtube videos that have since been removed for copyright infringement.
But as far as the church’s safety? Is the church at risk because they display a copyrighted youtube video like this? No, I don’t think so. I don’t think there is a risk factor here.
But that doesn’t make it right.
By using the Youtube video, the church has avoided a purchase. Those people make their living like everyone else – by selling a product. Their product is their song, their recording, and in some cases – the video. When you start avoiding a purchase, if you think about it – its a little manipulative. I speak boldly, because I’m preaching to myself as well here.
I think its more ethical and responsible to purchase the original recordings ($1 a piece on iTunes), and display lyrics through a free presentation software (must have a CCLI license). If you love the Integrity iWorship videos, you can purchase them here. I highly recommend the MPEGs over the DVDs as they will allow you to mix and match the songs.
If further discussion is needed I’d love to help you work through it in the comments below! If anyone else has a question – click on the “Have a question?” link in the sidebar!
Comment By: Chris Lydle
July 13th, 2011 at 2:32 pm
Another great article, Adam. Thanks for sharing. We just launched another copyright site and service for churches. You can check it out at church.rightsflow.com.