Resources
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Policy Statement for Video & Film
POLICY RE: THE USE OF VIDEO, DVD & FILM AT CHURCH 1. Generally the sharing of video, DVD or film in a Church is to be considered to be causing a cinematograph film to be seen or to be heard in public or a communication of it in public for the purpose of the Copyright Act and potentially is a breach of the copyright owners rights unless there is a licence granted. 2. If a Church is in doubt it ought to obtain permission from the copyright owner in respect of most commercially produced films. It may be possible to obtain permission to screen the same from Roadshow Film Distributors or from Columbia Tri-Star Films. It is not sufficient to pay the usual rental from a local video store as they will generally not be able to grant permission for public screenings. It will also be necessary to obtain separate permission for the music on a film on the basis that it amounts to a public performance on musical work even though it is on a film or DVD or video. The Australian Performing Rights Association should be approached for permission. Generally the issue of the soundtrack recording is not a concern for Churches provided the funds raised from the screening are not used for purposes other than Churches purposes. If this is not the case then a further permission will be required from Phonographic Performance Company of Australia (PPCA). 3. If a film, video or DVD is used in a teaching setting such that the recipients can be considered a class and the person giving the instruction is a teacher giving an educational instruction, it may be possible to rely on Section 28 of the Copyright Act 1968. It is noted however that the Act seems to be focused on educational institutions rather than other institutions where teaching occurs such as in a Bible class or even in a teaching sermon within a Church setting. Accordingly, reliance on Section 28 may be difficult to establish. As a matter of prudence it is considered that a Church should obtain the permissions referred to above even in a setting where Section 28 may be able to be used by way of a defence. 4. If only a part of a DVD, video or film is used it may be possible to establish that copyright has not been infringed on the basis that by using only part of a video, film or DVD a substantial part of the work has not been shown. With the decision in a recent case this has become far more difficult in respect of a video, film or DVD and although it is certainly open to argue that the use of part of a video is not substantial use, the Full Court of the Federal Court appears to have made the argument more difficult. 5. If part only of a video, film or DVD is used in a teaching session within a Church program then there are the two arguments, one of non-substantial use and the second relying on Section 28 of the Copyright Act. Although it is possible that in that setting that a breach of the copyright may still be established by the Court, one would have thought that it is significantly less likely. If, however, a Church is concerned again the two avenues to obtain permission ought to be sought. 6. It is appreciated that many will be frustrated by the above as being totally unnecessary in the context of not for profit charitable groups such as the Church. It is even more of a nuisance for those Churches who are small in numbers and where a significant amount of work performed is voluntary. The above amounts to a further imposition on already busy people. Unfortunately, although the government has specifically provided under Section 106 to exempt sound recordings heard in public as part of activities for the benefit of an organisation concerned with the advancement of religion, education or social welfare, no such broad exemption applies generally in respect of the other copyright rights. This Policy Statement has been prepared by the Association of Christian Brethren Fellowships of Victoria for the purpose to assist Churches in what is a highly complex area of law. If it is necessary to give consideration to a particular problem in relation to film, videos or DVD’s then it may be necessary to obtain formal legal advice on that specific issue. In addition, attached to this Policy are two information sheets made available by the Australian Copyright Council, G31 and G32 which are being constantly updated which may further assist Churches in applying copyright law. For further information please contact the Secretary. |
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The Kingdom of God - by Tim Dyer
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