February 2nd, 2007
The Super Bowl, a Big Screen TV, Friends Over to Watch = Copyright Infringement
By Michael Santo
Executive Editor, RealTechNews
Honestly, the NFL needs a penalty for Illegal Procedure for this one … Planning on having a Super Bowl party? If your TV is over 55″, you’d better watch it alone. The NFL may come after you for copyright infringement. Apparently this all stemmed from a church that was going to have a Super Bowl party. First the NFL complained about them charging for the party, as well as using the license-protected words “Super Bowl” in their ads (give me a break on both points). After the church said they would eliminate both problems, the NFL STILL continued to press the issue, objecting to the church’s plans to use a projector to show the game, saying the law says the TV could not be more than 55″.
While we, at first, doubted the reality of this, Ben Austro sent in the fact that it is, indeed, spelled out in copyright law that once you get above 55″, you may be talking about a “public performance,” though, as Ben notes, the wording sounds like it was clearly written by a lobbyist. Source: TechDirt
We Say: I’ll just say one thing: IT’S A CHURCH! Non-profit? Give me a break. Based on this, I can’t even have a party at my house ‘cuz my TV is 65″. Argh! 
Update: The NFL, obviously feeling the heat. now says it’s OK for the church to have the party, as long as no admission is charged. And, they say, viewing at home, on “home-style” TVs is fine.
This was after many churches, not just in Indiana, but in other states, dropped plans for get-togethers, and after the story was picked up by many news outlets.
Charles says:
What does the location being a CHURCH have anything to do with the situation?
It’s being advertised? Is this a promotional activity to draw new people to the church? If so, isn’t that a potential revenue generating activity for the church?
The fact that the NFL got wind of it tells me it’s a little more than a fun thing to do for the congregation.
February 2nd, 2007 at 1:35 pm
Erik says:
The NFL needs to unclench, persecuting fans is about the dumbest thing a sport can do. They should be happy more people want to watch the game, heck, they should reward big parties.
Besides, how in the heck are they going to enforce this ridiculous edict?
February 2nd, 2007 at 4:33 pm
Michael Santo says:
The fact that it’s a church, Charles, means it’s not for profit. Most likely the charge was to cover food, etc. Nothing wrong with that, as far s I know. Heck, if I ask people to BYOB, or chip in a few bucks for the food at my party that’s not much different in my book.
February 2nd, 2007 at 7:20 pm
NivoXZ says:
Cmon it’s a church… this kind of events of course are for the congregation to get closer, and to get money to cover expenses… i wonder too, how they will make sure to enforce this law? it makes no sense to go against your fans…
February 3rd, 2007 at 7:29 am
John P says:
It’s just another example of the disgusting, grasping, unlimited greed of the filthy rich, media-dependent modern ‘entertainment industries’.
The participants should be happy they can play (talk, act, sing, make music) better than the rest of us. The managers should be working for us, not for their own already well-lined pockets.
Enjoy!
February 3rd, 2007 at 9:46 am
Freud says:
Sorry folks, but this is what happens when you live in a world where you can be sued for serving a hot cup of coffee.
The U.S. courts would hold their failure to protect their copyright in this case against them in other cases that you would feel are legit.
Their actions are the same here as they would be in a pay per view fight being advertised as being shown at a local Elks club.
If the violation was reported to them, they HAVE to act. If they cherry-pick only the big cases the defense in those cases would use their failure to enforce copyright law across the board effectively against them.
February 3rd, 2007 at 11:15 am
caco potoso says:
I am sorry, but if the super-bawl is being transmitted in the public right of way (airwaves) then f…-off NFL. It is OUR spectrum, not yours.
February 3rd, 2007 at 5:56 pm
bill says:
“Based on this, I can’t even have a party at my house ‘cuz my TV is 65″.”
I am glad to see you take your legal advice from incomplete pieces of journalism rather than looking up the law for yourself. The screen size is relevant for public viewing, not what you do in your home.
There is also language in the law that talks about using equipment other than that commonly found in the home. Larger screens are becoming common in the home so that presents a defensible position for the church to use a larger screen up to a point. 6 foot screen might now be OK but probably not a 20 foot screen.
February 4th, 2007 at 11:53 am
Charles says:
Everybody likes capitalism, except when it forces them to pay for something they think they can get for free.
Newsflash… the NFL is all about making money and is a business like any other. The difference in revenue for 200 people watching 1 TV as opposed to 200 people watching 10 TVs is huge.
Understand also that the “pockets being lined” are shareholders. And who are those? Mutual Fund owners, 401K participants, small individual investors, and yes, large individual investors. But to be clear, the “average Joe” benefits when big corporation stock prices go up.
Is everyone saying that it’s OK for a church to hold a super bowl party to attract new members to the congregation?
February 4th, 2007 at 1:26 pm
Joe Blow says:
So, do you guys often publish incorrect and poorly researched articles?
February 4th, 2007 at 1:29 pm
NFL Handbag says:
NFL Handbag…
I found your site on technorati and read a few of your other posts. Keep up the good work. I just added your RSS feed to my Google News Reader. Looking forward to reading more from you….
May 11th, 2008 at 11:15 am