Learn About Copyright

What you need to know...

Ownership of a copyright and ownership of a material object in which the copyrighted work appears are entirely separate things. This means that the purchase of a product that includes protected material does not transfer the copyright owner’s exclusive rights. A copyright owner’s exclusive rights can only be transferred by a written agreement. For example, a person who buys a copy of a book owns that book, but this person acquires no copyright rights to any of the work contained therein.

Copyright regulations are complicated, but you need to know enough so you can obey the law. Ignoring a copyright might cost less, but it’s illegal and unethical. For information about copyright basics, see the website for the U.S. Copyright office at www.copyright.gov.

Basic Copyright Information

U.S. copyright law is designed to protect, and thereby encourage, the work of creative individuals in our society—composers, authors, poets, dramatists, choreographers, and others. Under Section 106 of the Copyright Act, copyright owners are granted five exclusive rights:

• The right to reproduce the copyrighted work in printed copies or on records, tapes, video cassettes, or any duplicating process now known or which later comes into being;
• The right to prepare derivative works based upon the copyrighted work (adaptation);
• The right to distribute copies or phonorecords (CDs, DVDs, or any other audio or visual recordings) of the copyrighted work
• The right to perform the copyrighted work publicly;
• The right to display the copyrighted work publicly.

It is a violation of copyright law to exercise any of these rights without permission from the copyright owner. Sometimes the copyright owner is an individual, and sometimes it is a publisher or organization. To determine the copyright status and/or owner, look for a © symbol or the word copyright followed by the name of the copyright holder. If you are unsure of a work’s copyright status, it is a good idea to check with the publisher or Web site administrator where the work is published.

Important Reminder: Ownership of a copyright and ownership of a material object in which the copyrighted work appears are entirely separate things. This means that purchasing a book that includes protected material does not transfer the copyright owner’s exclusive rights. A copyright owner’s exclusive rights (reproduction, adaptation, distribution, performance, and display) can only be transferred by a written agreement. A person who buys a copy of a book owns that book, but acquires no copyright permissions to any of the works contained therein (such as a hymnal or songbook).

For more detailed information on US copyright law, see the US Copyright Office Web Site.

For information on NPH copyrights, see Copyright FAQ.

Request Permission to Reprint NPH Materials

For permission to reprint NPH copyrighted material, please fill out a Copyright Permissions Request Form

Is the Bible Copyrighted?

Most English translations of the Bible are protected by copyright. However, most of these publishers allow churches to reprint Bible text, provided it is for congregational, noncommercial use and doesn’t exceed a certain number of verses or contain an entire book of the Bible. Contact the copyright holder for more specific information on that particular Bible translation:

New International Version (Zondervan)

English Standard Version (Crossway/Good News Publishers)

New King James Version (Thomas Nelson Publishers)

Holman Christian Standard Bible (B&H Publishing Group)

Can a church post material obtained from a book, magazine, or another website on its own website?

If any part of the material is copyrighted, permission from the publisher/copyright holder must be obtained. Each publisher/copyright owner has its own guidelines in regard to internet usage.

Do churches need permission to reprint (i.e. photocopy or retype) something if the copies will not be sold?

Yes. Congregations and schools, although not-for-profit, are still required to obtain permission for reproducing any copyrighted material. Nonprofit status does not exempt an individual or an organization from following copyright law.

Why do I need to get permission to reprint something that is out of print?

Even though a publication may no longer be in print, it is still copyrighted and is illegal to copy without permission. Also, the rights may have been transferred to the author or to another publisher, so it’s a good idea to check with the original publisher.

How much of a book can I reproduce without permission from the publisher/copyright holder?

Each publisher has its own definition of “fair use” (amount one can copy from a publication without permission or charge), so it’s best to request permission from the publisher/copyright holder first.

According to the US Copyright Office, “The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.”

If the copies are for “educational purposes,” is it okay to make copies of copyrighted material?

Not necessarily. See the US Copyright Office Web site for more information on educational fair use provisions. If in doubt, contact the publisher/copyright owner.

There are a lot of different online licensing services. How do we know which license our church needs?

Be sure to check the details of the license to make sure it covers the specific copyrighted material for which you need permission (the specific hymns or liturgies you will be recording or reprinting, for example) and the specific use (audio or video recording or reprinting music in a service folder). Keep in mind that rarely will one license cover all of your copyright permissions needs.

Does a church need permission to make audio or video recordings of its services?

If a church has a license from a licensing agent such as CCLI or OneLicense, recordings (audio and/or video) of copyrighted works by the member publishers of those licensing agents may be recorded and distributed only to homebound members of the congregation holding the license. For any other recordings or type of distribution, permission for anything copyrighted must be obtained from the copyright holder directly.

What about special worship services such as a children’s Christmas service? Can a church record the service and then distribute copies of that service to families?

Permission must be obtained for anything copyrighted within the service that is recorded, even if the copies of the DVD or CD are distributed at cost or free of charge. This type of use is generally not covered under licenses such as OneLicense or CCLI.

Can I download the contents of a CD (audio or software) I’ve purchased onto more than one computer?

U.S. copyright law prohibits the duplication of these works (including software) without permission from the publisher. Sometimes a publisher will “spell out” what can or can’t be duplicated or shared via multiple computers. Check the CD packaging or the Readme file for more detailed copyright information, or contact the publisher if you are unsure. There is one exception: Copyright law does allow the purchaser of computer software to make one “archival” copy (a single back-up copy that is to be stored and only used if the original becomes damaged).