Legal Question in Intellectual Property in Pennsylvania

Copyrights

Is it legal for our youth ministry to make cd mixes of worship songs off of Napster? We would give them to kids for free.


Asked on 9/28/00, 5:15 pm

1 Answer from Attorneys

J Stephen Simms Simms Showers LLP

Re: Copyrights

The first question to ask is whether it is right to do that. Of course, the artists are only paid from the sales of their songs. Consider for example if your ministry developed a terrific youth study program, went out and had videos made and study books printed, and then you offered that to other youth ministry programs. Your church spent a good amount to get the video made and books printed, and of course a good amount of thinking, prayer and effort went into the whole project as well. Then, you found that most other people who used your stuff had simply made a copy of the video, and photocopied the materials.

So, my initial response would be that it would not be right, to make disks from Napster for your youth ministry, see 1 Timothy 5: 17 (talking about elders, For the Scripture says, "Do not muzzle the ox while it is treading out the grain," and "The worker deserves his wages.") and Luke 10: 6-7 (�If a man of peace is there, your peace will rest on him; if not, it will return to you. Stay in that house, eating and drinking whatever they give you, for the worker deserves his wages. Do not move around from house to house.�)

The better approach would be to go to each of the producers of the songs that you want to have on your CD, and ask them how much it would cost to license each, for your CD. That way you could also be a witness to the youth in your ministry and an encouragement to the producers. I am remembering that Maranatha and Integrity music both have a pretty easy licensing process and that's probably true for others.

From a secular legal standpoint, although the law is not entirely clear on this, we'd say that it is a copyright violation to compile a CD for distribution from copied music. Although its unlikely that you or your church would be prosecuted, you can be be certain that Satan will look for any openings that he can if your ministry is effective. Imagine the horrible witness if your church and ministry was prosecuted for copyright infringement - - of Christian music.

We are Christian Legal Society members and would be glad to talk with you further about this. Our toll free number is 800-537-6930.

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Answered on 10/28/00, 9:56 am


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