Re: Copyright Legislation and Fair Use extended to the pulpit

Greetings Minister Clement,

My name is Rev. Bob Davies and I’m a pastor in Kanata, Ontario. I’m writing to ask you to include something in the current copyright legislation that is underway. I’m sure I should have said something earlier . . . but since this is a work in progress, I expect there is still time.

In my work of preaching, I consider part of my role to be the critique of culture. There is a long and well established history of interpreting the pulpit in those terms. Certainly the civil rights movement would be the easiest and most significant example. Part of critiquing culture is the referencing, alluding to, or otherwise using cultural artifacts in the process of communicating. In our multimedia generation, that means making use of, or reference to, copyrighted material for illustrative, educational, or critical purposes.

Given the role of the pulpit in Christian circles, and assuming a parallel role for those of other faiths, I think the pulpit should share a place in the Canadian establishment of Fair Use policy within the new copyright act. Really, it’s a no-brainer. Along with education and the media, the pulpit shares a valid and vital role in our communities and should share similar rights.

I am not looking for churches to have wild free use of copyrighted material, especially not for fundraising or any other such project. What I am looking for is the freedom to fairly use copyrighted material in the course of our preaching ministry in a similar fashion to that employed by teachers for educational purposes.

The purpose of this freedom, again, is not for some profit, but is an expression of the reality that communicating in this culture requires multi-media expression, and critiquing culture requires relevant illustration. Clips of music or film and the display of images is foundational for 21st century preaching. The use certainly seems fair to me: it suggests no confusion of ownership; it has no financial motives or gain that would imply damages; and it serves the greater purposes of Canadian society by including the faith based pulpit in the cultural conversations of the Canadian public square.

Would you please seek to amend the currently proposed Copyright Act to allow churches and preaching ministries the Fair Use protection described above?

I might add an additional comment. DRM technology seems to me quite alarming. Copyright law is only fair when it clearly marks the termination of ownership after a set time, thereby reflecting the realistic dispersal of information, ideas, and symbols into the common culture. Technology which inhibits legitimate use beyond copyright time limits, or which forever eliminates the ability to exercise Fair Use is synonymous with the elimination of Fair Use. That would be a grievous step backwards for Canada since it would make Canada’s Fair Use provisions moot.

I know there is a great push from industry, but they threaten the legitimate freedoms of Canadian citizens, and we look to you to protect us. I look forward to your success in that regard.

I’ve sent a similar letter to the Prime Minister, and hope that together we can shape a Fair Use policy that includes the pulpit. Please don’t let the current cultural sidelining of the church and matters of faith keep what is right from being done.

Thanks so much – God’s blessing on your work and service,

Bob Davies