Who Owns A Pastor's Publishing Rights?

[KMK]

If a series of sermons written for a church on church time is published. Who owns the rights?

 

[Reformed Covenanter]

At a guess, the minister - as it is his intellectual property.

 

[Edward]

Things like that should be negotiated up front. And too little info for a legal opinion. But off the cuff, I would say that the employer would, as it would be covered as a "work for hire". But in those denominations where the pastor owns the church, the answer would likely be different.

https://www.copyright.gov/circs/circ30.pdf

"A copyrightable work is “made for hire” in two situations:
• When it is created by an employee as part of the employee’s regular duties"

based solely on this:

written for a church on church time

As with many things in life, follow the money.

 

[Edward]

At a guess, the minister - as it is his intellectual property.

Which reminds me of a needed disclaimer. My answer applies to the US only.

 

[Reformed Covenanter]

Which reminds me of a needed disclaimer. My answer applies to the US only.

Ahh, yes, the rules for these types of things are not likely to be universal. Morally speaking, I would say that he should own it; legally speaking, my opinion is irrelevant.

 

[iainduguid]

Legally, what Edward said. In the same way. technically the seminary owns the rights to anything I write on seminary time.

In practice, in most cases churches (and seminaries) are comfortable with the minister receiving the royalties to anything he publishes. It requires a certain amount of work beyond simply preaching the sermon (which is his contracted duty), and in any event, it isn't easy to categorize what exactly is and is not "church time". Ministers don't punch in and punch out; they are on call in most cases 24/7 to attend a need in the congregation. So if pastors are generally responsible with their use of time, churches treat such additional efforts as his own labor, and grant him the benefit. Frankly, if a church were to challenge the pastor over this, I would regard it as a symptom of a much deeper issue (though would not prejudge which side was at fault). In the same way as churches allow their pastor to minister more broadly in serving their presbytery and their denomination, so too writing is a ministry that serves the kingdom more broadly. Likewise, if a minister serves as stated clerk of his presbytery, or preaches in another pulpit from time to time, most churches regard any remuneration as his rather than theirs.

Having said that, a church has a reasonable right to expect their pastor to fulfill his local obligations first, and so may legitimately put restrictions on how many times he may preach elsewhere without it being counted as vacation, and it is reasonable for a Session to be asked for approval if he is going to spend significant time teaching (or writing). Good communication is important, with the Session being comfortable with the minister's use of his time, whether that is writing or some other activity.

 

[Chad Hutson]

Legally, what Edward said. In the same way. technically the seminary owns the rights to anything I write on seminary time.

In practice, in most cases churches (and seminaries) are comfortable with the minister receiving the royalties to anything he publishes. It requires a certain amount of work beyond simply preaching the sermon (which is his contracted duty), and in any event, it isn't easy to categorize what exactly is and is not "church time". Ministers don't punch in and punch out; they are on call in most cases 24/7 to attend a need in the congregation. So if pastors are generally responsible with their use of time, churches treat such additional efforts as his own labor, and grant him the benefit. Frankly, if a church were to challenge the pastor over this, I would regard it as a symptom of a much deeper issue (though would not prejudge which side was at fault). In the same way as churches allow their pastor to minister more broadly in serving their presbytery and their denomination, so too writing is a ministry that serves the kingdom more broadly. Likewise, if a minister serves as stated clerk of his presbytery, or preaches in another pulpit from time to time, most churches regard any remuneration as his rather than theirs.

Having said that, a church has a reasonable right to expect their pastor to fulfill his local obligations first, and so may legitimately put restrictions on how many times he may preach elsewhere without it being counted as vacation, and it is reasonable for a Session to be asked for approval if he is going to spend significant time teaching (or writing). Good communication is important, with the Session being comfortable with the minister's use of his time, whether that is writing or some other activity.

Ian, you are too thorough and spot-on in your replies! You shut us all down as a result!