Re: Differing? copyright treatments of copyrighted information quoted in a sermon

From: William T. McGrath <WMcGrath[_at_]DMMLaw.com>
Date: Mon, 27 Jan 2003 13:19:07 -0600

The exemption in 110(3) relating to religious services requires that the performance or display be "at a place of worship or other religious assembly, which suggests that a radio or TV (or probably Internet) broadcast is net permitted under this exemption. I am not aware of any cases, but the legislative history says: "Since the performance or display must occur 'at a place of worship or other religious assembly,' the exemption would not extend to religious broadcasts or other transmissions to the public at large, even where the transmissions were sent from the place of worship. . . ." Thus, scenario 3 would have a different analysis than the other scenarios posed, which did not involve a broadcast.

Bill McGrath

At 10:06 PM 1/24/2003 -0500, you wrote:
>I'm not a lawyer, but like so many others, I sometimes play one on the
>Net.
>
> > What are the differences (if any) in the treatment of copyrighted
> > information (from a book, etc.) quoted in a sermon in the following
> > contexts:

  [snip]
> > 3. The sermon audio is broadcast or made available for download
> > via the Internet.
>
>I don't see anything in the statute that addresses that question, but
>we all know that church services are routinely broadcast over radio
>and TV. Is there any case law on this point?
>
>
>
>
>--
>John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 387 6869
>johnl[_at_]iecc.com, Village Trustee and Sewer Commissioner,
>http://iecc.com/johnl,
>Member, Provisional board, Coalition Against Unsolicited Commercial E-mail

---

William T. McGrath
Davis, Mannix & McGrath
125 S. Wacker Dr., Suite 1700
Chicago, IL 60606-4402
Phone: 312-332-4748
Fax: 312-332-6376 Received on Mon Jan 27 2003 - 19:26:45 GMT