Copyright Policy

Keala Gasmen - January 18, 2021

Here at King’s, we endeavor to uphold copyright law in all that we do. We believe it is our duty to live our lives and conduct our ministry in accordance with God’s directive to honor the laws of our land.

The Lord provides us with a wealth of musicians, composers, writers, and artists who share their God-given talents with us so that, through the use of their copyrighted works, we can honor Him as we share the message of our faith.

We honor copyrights because:

They are protected by U.S. Copyright Law and it is our duty to abide by the laws of the land (Rom. 13:1-6).
The Scriptures support and command us to do so (see 1 Tim 5:18, Ex. 20:15, and Mal. 3:10).
It is our responsibility to avoid risks and liabilities for the church.
We support the creative arts that help provide expressions of worship and honor to God.
It sends a message to the next generation and presents an authentic model for our youth regarding respecting and protecting other people’s property.

Music Copyright Information

The Religious Service Exemption

Under the U.S. Copyright Law’s “Religious Service Exemption,” churches are granted the free use of some copyrighted materials, under specific, limited circumstances in religious services. However, it’s critical for ministry leaders to know and understand the exceptions—as well as what activities require licensing.

The “Religious Service Exemption” states the following are not copyright infringements:

“…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” shall not constitute infringement of copyright. To be exempted a performance or display must be “in the course of services,” thus excluding activities at a place of worship that are social, educational or fund raising, or entertainment purposes. “

Under this exemption churches do not need a performance license to play or perform secular music in worship services. In fact, churches do not need a performance license to play any kind of music, whether it’s live or pre-recorded. However, this is only within the confines of a church service physically in a church. The RSE exemption does not cover the following events:

Coffee shops
Concerts (non-ticketed)
Retreats
Picnics & barbecues
Singles groups
Graduations
Dance classes
Conferences & seminars
Music before and after the service starts
Live streaming events

Our Current Copyright Licenses

King’s holds two licenses through CCLI. These licenses are the Copyright License and the Streaming License. Here are the terms for these licenses.

Copyright License:

To enjoy the rights and benefits your License provides, your understanding and adherence to the following are necessary, and you agree to:

Keep your License in good standing by paying the annual fee when it is due
Honor the terms and conditions of this program as outlined in the following sections marked Permitted Activities and Activities Not Permitted
Report all Song copy activity when required
Validate each participating song (“Song”) before making a copy (see how in the Song Validation section)
Use the License in a lawful and ethical manner
Destroy all copies of Songs made under this agreement if your License expires
When reproducing a Song, include the song title, writer credit(s) and copyright notice in substantially the following form:
“Hallelujah” words and music by John Doe © 2018 Good Music Co. Used by Permission. CCLI License #12345

Permitted Activities:
An active License allows you to make copies of Songs to assist with congregational singing, in the following manner. You may:

Copy Songs from hymnals, websites, chorus books and similar types of publications
Print Songs in bulletins, liturgies, programs, song sheets, songbooks compiled by your church, overhead transparencies and slides
Electronically store, retrieve and utilize song files in computers, presentation software and similar resources to enable the visual projection of Songs
Record Songs in your live worship services, including meditations, preludes, postludes, interludes, fanfares, and handbell, vocal and instrumental specials, by either audio or audio-visual means, provided that:
Accompaniment tracks and artist or record label recordings of Songs may not be reproduced, and permission must be obtained directly from the producer
Such recordings are for shut-ins, missionaries and others in your church and the quantity made and distributed may not exceed fifteen percent (15%) of the Church Size of your License
To offset the cost of production, for each copy duplicated you may charge up to $4.00 USD or $5.00 CAD per CD or similar form, and $12.00 USD or $15.00 CAD per DVD or similar form
With the understanding that all rights in copies made under this provision are reserved by the copyright owner, only where a published version is unavailable you may:
Make customized vocal and/or instrumental arrangements of Songs
Translate Song lyrics into another language

Not Permitted Activities:

Charge a fee or receive any form of compensation for any of the Permitted Activities, except where specifically stated
Assign or transfer any rights under your License to any other church or group
Distribute copies of Songs outside of the jurisdiction of your license and church
Copy or duplicate choral sheet music, cantatas, musicals, handbell music, keyboard arrangements, vocal solos, instrumental works or music education publications
Alter or change the lyrics, melody, or fundamental character of any Song

Streaming License:

To enjoy the rights and benefits your License provides, your understanding and adherence to the following is necessary, and you agree to:

Keep your License in good standing by paying the annual fee when it is due
Honor the terms and conditions of this program as outlined in the following sections marked Permitted Activities and Activities Not Permitted
Validate the participation of each Song before you Stream it (see how in the Song Validation section)
Use the License in a lawful and ethical manner

Permitted Activities:
An active License allows you to “Stream” (i.e. digitally transmit, retransmit, distribute and play back) participating Songs (“Songs”) from your church’s proprietary website, a hosted website or a streaming service in the following manner. You may:

Live stream Songs performed in your church services in audio and/or video form
Retransmit Songs performed in your church services in audio and/or video form
Distribute audio or video files of Songs performed in your church services to personal computers, portable media players or a similar device capable of receiving such files
Upload videos to YouTube and similar services provided that copyright owners have the right to monetize and place ads on videos containing their owned copyrights (these terms of agreement do not override those of the streaming platforms)

Not Permitted Activities:
This License has certain important and necessary limitations and you may not:

Charge a fee or receive any form of compensation for any of the Permitted Activities
Assign or transfer any rights under your License to any other church or group
Authorize any third-party that is not your church’s proprietary website, a hosted website or a streaming service to Stream Songs
Stream artist or record label recordings of Songs
Stream Songs from concerts, conferences and special events held at the Church property where a financial charge, including donations, is required for attendance
Stream Songs contained in non-Church Service audio and/or video content such as a non-Church Service teaching video, televised events or special productions
Regarding YouTube or any similar streaming service used by your Church, sublicense or enter into any revenue-sharing agreement for the monetization of a Song, including videos that are derived from a streaming website or service but are embedded in your Church’s website, as this right is reserved exclusively to the copyright owner
Regarding YouTube or a similar service, block the use of advertising placed by a streaming website or service on behalf of a Song owner

Photo and Image Copyright Information

Images are also subject to copyright claims. Just because something is found on a google search does not mean that we can use it for church advertisement or promotional material. 85 percent of images displayed in Google searches are protected by copyright, and, as for the rest, Google does not display complete or accurate copyright notices for all images it shows in search results, according to the Center of the Picture Industry. The best practice of photo use can be summed up here:

if you or King’s has taken the photo, you can use it.
if you or King’s did not take the photo, you must get written permission from the copyright holder to use it.

Here is are some resources for free stock photos:

https://www.pexels.com/
https://pixabay.com/
https://stocksnap.io/
https://unsplash.com/

Video & Digital Media Copyright Information

A commonly asked question is “can we show this video at [church event here]?”

YouTube Videos

Video sharing websites such as YouTube offer a treasure trove of content for almost every conceivable situation. However, as the sheer volume of content and the number of channels increases, understanding if and when you can show this content in church becomes ever more challenging.

So is it okay to stream videos from websites like YouTube during your church services and activities? While our answer focuses mainly on YouTube, the same principles can be applied to many other websites offering video-streaming.

Put simply, YouTube videos can be shown in your church provided the video is on an official channel and you have permission from the copyright owner.

YouTube’s terms of service specifies that content on the site should only be accessed for “personal, non-commercial use” (5.L.) except where “YouTube or the respective licensors [the copyright owner] of the content” has given “prior written consent” (5.M.).

Not all videos uploaded to YouTube have been done so by, or with the permission of, the copyright owner or licensor. With a staggering 400 hours of video being uploaded every minute, YouTube simply cannot control or police everything that is added to the site. It’s likely that many videos on YouTube infringe copyright, either accidentally or deliberately.

Movie Clips

King’s Alaska has our own CVLI license that allow us to play films and use movie clips in our Church building. Here are the terms for that licensing agreement:

PURPOSE. Christian Video Licensing International, LLC (“CVLI”) grants licensee (“Licensee”) a non-exclusive license (“License”) to publicly perform copyrighted “Works” defined below, under the Terms and Conditions specified in this CVLI License Agreement (“Agreement”).
LAW. CVLI warrants and represents that it has secured the appropriate rights, under the federal Copyright Act, Title 17, U.S.C. §101 and §106, to grant this License.
TERM. “Term” shall mean the period beginning on the “Start Date” listed on the CVLI Video License Application (“Application”) and shall continue thereafter for periods of one (1) year each, unless canceled by either party giving sixty (60) days advance written notice before the end of said period or any subsequent period. Each one (1) year period during the Term is referred to herein as a “Contract Year.” If Licensee does not timely notify CVLI of intent to terminate, this Agreement will remain in effect for the entire Contract Year, and Licensee will be responsible for the entire annual fee due to CVLI hereunder. No refunds or credits will be made by CVLI in the event of early termination by Licensee.
RIGHTS. The public performances authorized by this Agreement shall take place in the Facility(ies) identified in the Application or as Licensee otherwise notifies, and shall be via any means originally intended for personal use only including but not limited to DVD, streaming and download. The sole purpose of such performances is to entertain and/or educate authorized viewers and only employees that facilitate those performances. No specific titles, or any characters from such titles, or producers’ names will be advertised or publicized to the general public, and no admission or other fee will be charged to the audience. The exhibitions cannot be used to endorse any goods or services. Works are defined as motion pictures and other audiovisual programs to which CVLI has received the rights to license under the parameters set forth herein.
FEE. The agreed license fee for the first Contract Year of this Agreement is specified on the Application, which amount is payable to CVLI. Subsequent Contract Years may include adjustments based on various factors, including, but not limited to adjustments which: (i) reflect any change from the previous year’s Consumer Price Index (CPI), and/or (ii) reflect an increase in the number of facilities or other factors used to determine the license fee. On an annual basis, or upon request by CVLI, Licensee shall furnish CVLI with the information CVLI may require to determine the license fee for subsequent Contract Years. Following such a request, if Licensee does not furnish the requested information within thirty (30) days prior to expiration, CVLI may independently determine the license fee for that Contract Year based on its reasonable estimation. The license fee for each subsequent Contract Year shall be due and payable no later than each anniversary date of the applicable Contract Year. Late payments for subsequent Contract Years will be subject to a charge of one and one-half percent (1.5%) of the license fee per month.
RESTRICTIONS. The specific titles which may be publicly performed by Licensee under this Agreement are Works produced and/or distributed by CVLI affiliated rightsholder companies only. CVLI represents that it or its rightsholders may not possess the appropriate rights to certain individual titles, or, due to the expiration of those rights during the term of this Agreement, CVLI may send Licensee at any time during the term of this Agreement binding notices that certain titles cannot be or may no longer be publicly performed under this Agreement. Such notices shall be binding and effective upon Licensee when received.
LEGALLY OBTAINED WORKS ONLY. Licensee may publicly perform only legally obtained Works covered by this Agreement. The responsibility for obtaining the Works is that of Licensee, and the costs of acquiring the Works are to be borne solely by Licensee and are separate and distinct from the agreed public performance license fee.
NO OTHER RIGHTS. Licensee may not unlawfully duplicate, edit or otherwise modify the Works obtained for public performance purposes under this Agreement. Any and all rights not granted to Licensee in this Agreement are expressly reserved to CVLI and/or its rightsholders.
SEPARATE FEES. Any separate fees which may be due to music publishers, or collection societies for music publishers, for the right to publicly perform the music contained in any of the Works covered by this Agreement are solely Licensee’s responsibility and are not the responsibility of CVLI. To the best of CVLI’s knowledge, no such separate fees for motion pictures are presently in effect.
ASSIGNMENT. This Agreement may not be assigned by Licensee, without the prior written consent of CVLI, except that Licensee shall (a) assign this Agreement in connection with a merger, consolidation or sale of its assets and business, (b) provide CVLI with immediate notice of the assignment including contact information for the assignee, and (c) guarantee assignee’s performance of all obligations of Licensee under this Agreement. This Agreement may be assigned by CVLI.
TAX LIABILITY. In the event that a determination is made by a taxing authority or court of any state in which Licensee conducts business that the activity licensed herein renders CVLI liable for the payment of a gross receipts, sales, business use or other tax which is based on the amount of CVLI’s receipts from Licensee, then Licensee shall reimburse and indemnify CVLI within thirty (30) days of notification therefore for Licensee’s pro rata share of any such tax derived from receipts received from Licensee.
NOTICE. Any notice provided for herein shall be given in person; by first class air mail, postage prepaid; or by reputable overnight carrier; addressed to the party to be notified as listed on the Application. The date of personal service or mailing of any such notice shall constitute the date of service.
TERMINATION. CVLI reserves the right, exercisable upon thirty (30) days written notice, to terminate this Agreement on account of any breach by Licensee of its Terms and Conditions. In the event of such termination, there shall be no refund of the license fee. A waiver by CVLI or by Licensee of any specific breach by the other shall not constitute a waiver of any prior, continuing or subsequent breach of the same, or any other provision of this Agreement. If any part of this Agreement shall be determined unenforceable, the remainder of this Agreement shall remain in full force and effect.
LEGAL FEES. In the event CVLI engages a lawyer to enforce its rights under this Agreement by virtue of the breach on the part of Licensee, of any term of this Agreement, Licensee agrees to pay the reasonable costs and legal fees incurred by CVLI.
COLLECTION FEES. In the event that CVLI incurs any costs or fees in connection with the collection of any amounts past due to CVLI hereunder, then Licensee shall be responsible for paying such amounts to CVLI upon demand, with interest at the rate of nine percent (9%) per annum calculated from date of demand.
GUARANTEES. Licensee guarantees that the information provided by Licensee is true, correct and complete in all respects. This Agreement has been duly authorized and constitutes a legal, valid and binding obligation upon Licensee and is enforceable by its Terms and Conditions which may be updated by CVLI. In the event that any signature is delivered by facsimile or e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation with the same force and effect as if an original signature.
WARRANTY. To the extent that, prior to the commencement date of this Agreement, Licensee may have infringed upon rights held by CVLI, CVLI hereby agrees that it will not seek legal recourse or assert any claim for any and all such possible infringements which would have been licensed under this Agreement. CVLI makes this warranty only with respect to rights held by it, and is not empowered or authorized to make any such representation or warranty with respect to rights held by others.
JURISDICTION. The Application and these Terms and Conditions contain the full and complete agreement between CVLI and Licensee and shall be construed in accordance with the laws of the United States and the State of California and the parties submit to the nonexclusive jurisdiction of the U.S. Courts as regards to any claim or matter arising in relation to this Agreement

In summary, we can show full films and movie clips within our building as long as those full films or movie clips have been legally obtained. No specific titles, or any characters from such titles, or producers’ names will be advertised or publicized to the general public, and no admission or other fee will be charged to the audience. The exhibitions cannot be used to endorse any goods or services.

If you have any questions, feel free to reach out to our media team.