Copyright Scavenger Hunt Activity Answer Key

Hunt 1. Copyright and the Church

Church Production Magazine Article: http://www.churchproduction.com/go.php/article/copyright_and_the_church

(Note: Since this page was created, the original article has been removed from the website. A suitable replacement has not yet been located. In the interim, an archived copy of the article is available here.)

  1. What specific exemption for churches is found in copyright law?

    Answer: The “performance of a non-dramatic literary or musical work or of 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 assembly,” is not an infringement of copyright.
     
  2. What two threshold questions must you answer before you begin to determine if the fair use doctrine applies to your intended use of copyrighted materials?

    Answer: Is the material subject to copyright protection, and was it legally obtained?
     
  3. What are the four parts of the test for fair use?
    Answer: (1) The purpose of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; (4) the effect on the market of the original.
     

Hunt 2. Fair Use Doctrine for Churches

Copyright Community: http://www.copyrightcommunity.net/churches-fair-use-doctrine

Review each of these scenarios. Is the intended use covered under the fair use doctrine or not? Why or why not?

  1. You find some peaceful, meditative photos that you would like to project as backgrounds during a prayer service to enhance the mood.

    Answer: Probably not. The purpose of the use is not for comment, criticism, news reporting, teaching, scholarship, or research. You are planning to use the entire photos, rather than small parts. You are thinking of using the photos without payment, which hurts the photographer financially.
     
  2. A newsmagazine runs a cover story on materialism in American society. Your pastor wants to project an image of the magazine cover during the sermon so he can discuss the church's views on materialism and how congregants might respond. Is the use of the image covered under fair use, or is this a copyright infringement?

    Answer: Probably. The purpose of the use is for comment, criticism, and teaching. The nature of the original work is a magazine cover, but you will be projecting it rather than using it in a publication or e-magazine. Although you will be using the entire cover, the cover is a small portion of the entire magazine. Finally, the use is unlikely to hurt sales of the magazine, and may even enhance it if congregants go buy a copy to read the article.
     
  3. Your pastor plans a sermon series built on themes from The Chronicles of Narnia. He would like to feature a different image from the recent movies on the cover of the bulletin each week to help promote the series.

    Answer: Questionable. The purpose of the use is not comment, criticism, etc., but rather publicity, and to some extent, to exploit the notoriety of the movies. The images are associated with a fictional work, rather than dealing with facts. Although the amount is only a few frames from the movie, they are key parts of the movie.
     

Hunt 3. Using Stock Photos

iStockPhoto.com Standard License Agreement: http://www.istockphoto.com/license.php

There are many stock photo services that have thousands of images that you can buy to use for your projects. One popular service with very reasonable prices is iStockPhoto.com. However, even these services place limits on the uses of the photos they sell.

Read sections 3 and 4 of the standard license agreement. Then decide whether each of these uses is permitted under the standard license agreement.

  1. You place an archive of purchased images on the church file server so that all staff and volunteers have handy access.

    Answer: No; requires an extended license.
     
  2. You use an image as a background image for song lyrics during worship.

    Answer: Yes.
     
  3. You use an image on a poster promoting an upcoming concert at the church.

    Answer: Yes.
     
  4. You use an image on an inspirational poster that you plan to sell as a church fund-raiser.

    Answer: No; requires an extended license.
     

Hunt 4. Using Free Photos

Flickr Shared Worship Background Graphics: http://www.flickr.com/groups/worshipgraphics/

Some photographers want their work to be shared. They post images to various free image collections on the Web. However, even these free images may have some restrictions on their use.

  1. Which of these uses are permissible for an image from this group?
    1. You use it as a projected background in Christian worship settings.

      Answer: Permitted.
       
    2. You use it on a bulletin cover.

      Answer: Not permitted in general; individual photographers may permit it for particular photos, or may permit it if you ask permission.
       
    3. You use it on a church Web site.

      Answer: Not permitted in general; individual photographers may permit it for particular photos, or may permit it if you ask permission.
       
  2. Do you need to give credit for your photo? If so, how do you need to give credit?

    Answer: Credit is requested, but not absolutely required. The group suggests placing a link at the bottom of each page or using a credits section in the church bulletin.
     

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