Churches Seek Super Bowl Copyright Exemption
Following a story in the Washington Post reporting that churches were cancelling Super Bowl parties in fear of copyright lawsuits from the NFL, Senator Arlen Specter introduced legislation providing exceptions to religious groups, but only religious groups, for this activity. It was later determined that prior to the 2007 Super Bowl the NFL did send two letters to churches that were going to charge admission to their Super Bowl events (a practice that will still be illegal if Specter's legislation passes), but no letters were sent out this year.
Since Specter's legislation improperly privileges churches the legislation must be modified to include all nonprofits or killed by the committee as a violation of the separation of church and state. Below is a copy of the letter sent to Judiciary Committee Chair Patrick Leahy. Similar letters were sent to Senator Specter and other members of the Judiciary Committee.
February 14, 2008
The Honorable Patrick J. Leahy, Chair
Committee on the Judiciary
United States Senate
433 Russell Senate Office Building
Washington, D.C. 20510
Re: S. 2591 Copyright Exemption for Religious Groups
Dear Chairman Leahy,
The Secular Coalition for America, dedicated to preserving the secular character of our government, is very concerned about S. 2591. This bill provides specific copyright exemptions for churches and church-controlled organizations (as defined in 26 U.S.C. section 3121(w)(3)(A) and (B)) but leaves out every other kind of group that provides similar services.
The legislation is designed to allow churches, and other religious groups, to receive a copyright exemption to show live football games to their congregations, but this immunity is only applicable to religious groups.
Our concern is that religious organizations are being privileged by this legislation. If an exemption is being provided it should be provided to all nonprofit groups. There is no justifiable reason to exclude non-religious community organizations.
Senator Specter said his legislation was necessary because religious groups "have provided families with an alternative to going to the local bar down the street to cheer for their favorite team." Boys and Girls Clubs, Big Brothers Big Sisters, and other non-religious nonprofits also provide this service and should not be excluded from this legislation.
Our Founders created a secular government that would neither hinder nor advance religion. S. 2591 advances religion and needs to be modified to include all nonprofits or voted down as a violation of the separation of church and state.
If you would like more information or have any questions please contact me at 202-299-1091 or by e-mail.
Sincerely,
Lori Lipman Brown
Director