[Ecommerce] NFL to church: Super Bowl showing violates copyright

[robert weissman]

http://www.indystar.com/apps/pbcs.dll/article?AID=/20070201/LOCAL/702010431/&template=printart

Indianapolis Star
February 1, 2007

NFL's lawyers sack church's game plan
By Robert King
robert.king@indystar.com <mailto:robert.king@indystar.com>
February 1, 2007

The thousands of churches across the country that want to host Super
Bowl parties Sunday night had better not pull out big-screen TVs, or
they could face the wrath of NFL attorneys.
The NFL is telling Fall Creek Baptist Church in Indianapolis that the
church's plans to use a wall projector to show the game at a party for
church members and guests would violate copyright laws.
NFL officials spotted a promotion of Fall Creek's "Super Bowl Bash" on
the church Web site last week and sent pastor John D. Newland a letter
-- via FedEx overnight -- demanding the party be canceled.
Initially, the league objected to the church's plan to charge partygoers
a fee to attend and that the church used the license-protected words
"Super Bowl" in its promotions.
Newland told the NFL his church would not charge partygoers -- the fee
had been intended only to pay for snacks -- and that it would drop the
use of the forbidden words.
But the NFL wouldn't bite. It objected to the church's plans to use a
projector to show the game on what effectively was a 12-foot-wide
screen. It said the law limits the church to one TV no bigger than 55
inches.
The league even took exception to the church's plan to influence
nonmembers with a video highlighting the Christian testimonies of Colts
coach Tony Dungy and Chicago Bears coach Lovie Smith.
"While this may be a noble message," NFL assistant counsel Rachel L.
Margolies wrote in a follow-up e-mail, "we are consistent in refusing
the use of our game broadcasts in connection with events that promote a
message, no matter the content."
Given all the NFL's concerns, the church appears unlikely to host a
Super Bowl party.
"The Colts and Tony Dungy are such good people -- and (team owner) Jim
Irsay, too. We want to be supportive of our local team. I don't want to
make our people choose between coming to church and watching the game.
It is such a big event," Newland said.
"For us to have all our congregation huddled around a TV that is big
enough only for 10 or 12 people to watch just makes little sense."
Newland said he expected there are churches across the country that are
planning similar Super Bowl watch parties using big screens.
NFL spokesman Greg Aiello said the league's longstanding policy is to
ban "mass out-of-home viewing" of the Super Bowl. A major exception to
the rule is made, however, for sports bars and other businesses that
show televised sports as a part of their everyday operations.
"We have contracts with our (TV) networks to provide free over-the-air
television for people at home," Aiello said. "The network economics are
based on television ratings and at-home viewing. Out-of-home viewing is
not measured by Nielsen."
Newland said his church won't break the law. But he sees a double
standard at work when sports bars with giant screens can charge barstool
rental fees and sell food, but his church can't offer a free event for
families.
"It just frustrates me that most of the places where crowds are going to
gather to watch this game are going to be places that are filled with
alcohol and other things that are inappropriate for children," Newland
said. "We tried to provide an alternative to that and were shut down."