Copyright Guidelines for Churches in the Digital Age

Today, churches rely on a growing digital presence to reach an increasingly online world. This is great for relating to a more tech-savvy population. But if not handled properly, it could expose a church to potential risk without following copyright guidelines.

When evaluating your church or ministry's digital presence, GuideStone^® would recommend working with a legal adviser to help you protect against liability.

How can churches and ministries reduce legal risks online?

1. Respect Copyrighted Materials

Because it's so easy to access information on the internet, it's possible to forget material may be published online and copyrighted. Since copyrights are legally protected, be careful to use only materials that:

• You own. If you create it, you own it. Or if a church employee prepared the work for a church, it may be owned by the church as a "work for hire."
• You have permission to use. Written permission should be obtained.
• Are considered "fair use." Fair use refers to use of a copyrighted work in a reasonable manner without the consent of the copyright owner. Fair use doctrine is complex and depends on the facts and circumstances as it is applied. As always, it is prudent to consult your legal counsel regarding what constitutes fair use.

As churches expand their digital presence, the risk of copyright infringement grows.

Intellectual property and copyright law is the fastest-growing specialty in the U.S. Fortunately, there are several actionable steps churches can take to make navigating copyright guidelines easier and help protect their ministry:

• Invest in a broad-use license for video and broadcast material. If you print or project song lyrics, record songs in church worship services or show videos in worship, get the appropriate license. Christian Copyright Licensing International^® (CCLI) and Christian Video Licensing International® (CVLI) offer blanket licensing for a very wide variety of Christian and secular music and video, respectively. Should an issue arise, a license strengthens your claim of best efforts to comply with copyright laws.
• Get a license for recorded music. If you broadcast streaming music or make your services available via podcasts and download, get an American Society of Composers, Authors and Publishers (ASCAP^®) or Broadcast Music, Inc.^® (BMI) license.
• Use materials that are original, in the public domain or royalty-free. Start cultivating resources to build a library of public domain materials. Generally, if a copyrighted work is more than 95 years old, the copyright has expired and the work is in the public domain. There are organizations that provide royalty-free videos and worship images, such as WorshipHouse Media.

2. Use Trademarks Correctly

Slogans, names and symbols are often used to set apart an entity’s or a person's goods or services from those used by others. Trademarks and service marks are legally protected against infringement, so it is important never to use another’s trademark or service mark without written permission. For example, before displaying brand names or trademarks on your site make sure you secure written permission, even in invisible content such as metatags.

3. Manage Link and Endorsement Liability

Linking content from another website can be an easy way to enhance your website or social media presence. However, as described above, you must be careful not to infringe copyrights, trademarks or service marks. Also, there is the possibility that you might be viewed as endorsing the content of the linked website or otherwise responsible in some manner for the accuracy or appropriateness of the linked content. Consider working with your legal adviser to craft an appropriate disclaimer stating that you are not responsible for services or information contained on linked sites.

4. Establish and Include Appropriate Terms of Use and Disclaimers

Your legal adviser will be in the best position to protect your organization against potential liabilities. For example, they might suggest that your website include terms of use and various disclaimers. It is important to consider carefully both content and conspicuousness of any such protective language.

Safeguarding Your Ministry's Digital Presence

To stay current and have the maximum impact on your community, your ministry can benefit from an online presence. But play it cyber safe and work with your legal adviser to limit potential liability from your website.

Beyond internal website liability concerns, ministries should also take steps to manage risk and protect themselves from external cyberattacks that can compromise sensitive information, disrupt operations and damage trust.

Reduce Risks in All Areas of Church Management

When the unexpected happens your ministry’s work can be disrupted in an instant. At GuideStone Agency Services^® (NPN#11466614), we help safeguard your people, property and purpose so you can stay focused on your mission.

For more information, contact us at AgencyServices@GuideStone.org or (214) 720-2868, Monday through Friday, from 8 a.m. to 5 p.m. CT.

GuideStone Agency Services^® is an agency licensed to sell property and casualty products and an affiliate of GuideStone^®. Coverage and eligibility of various products are subject to the insurer’s underwriting guidelines, terms, conditions and exclusions. Products are not available in Hawaii and New York.

This article is not intended as legal advice and, as always, a church should consult its own legal adviser regarding how best to protect against liability.