Our church asked some freelancers to produce a video for us. And we happen to find that some of the freelancers use pirate software. We don't know exactly where they are. My question is that, since all their final works are made for the church, will our church be responsible for their such behavior?
Besides, for some believers of the church in Asian countries, they also volunteer to make some videos for the church. Will our church be responsible for their such behavior?
pirate softwares resposibility
Re: pirate softwares resposibility
Hi cindylin,
If I understand your first question correctly, you suspect that some pirated software such as an unlicensed video editing program may have been used to make the video. If this is the case, then that would not make the final video infringing and so the church has nothing to worry about (other than, perhaps, the moral dilemma over using something made through such means).
In the second case, the church as a legal entity (assumimng that it is one) would only be liable for the activities of members of its congregation if it was the publisher of the infringing work or had actively abetted* the infringing act (or both). A publisher is the person or body which makes the work available to the public. However if, say, the members who are thought to have infringed someone else's copyright, put their video on Youtube without the prior knowledge of the church leadership, then the church is unlikely to be liable, even if the video indicates an association with the church. That said, to try and preserve its good name it would be advisible for the church either to ask the members concerned to remove the video(s) or if that is not possible, to issue a disclaimer disassociating the church from the video(s). Much the same will apply if the videos were to contain defamatory statements or incited some sort of religious or racial hatred.
* A legal term meaning to instigate, encourage or assist another to commit an offence.
If I understand your first question correctly, you suspect that some pirated software such as an unlicensed video editing program may have been used to make the video. If this is the case, then that would not make the final video infringing and so the church has nothing to worry about (other than, perhaps, the moral dilemma over using something made through such means).
In the second case, the church as a legal entity (assumimng that it is one) would only be liable for the activities of members of its congregation if it was the publisher of the infringing work or had actively abetted* the infringing act (or both). A publisher is the person or body which makes the work available to the public. However if, say, the members who are thought to have infringed someone else's copyright, put their video on Youtube without the prior knowledge of the church leadership, then the church is unlikely to be liable, even if the video indicates an association with the church. That said, to try and preserve its good name it would be advisible for the church either to ask the members concerned to remove the video(s) or if that is not possible, to issue a disclaimer disassociating the church from the video(s). Much the same will apply if the videos were to contain defamatory statements or incited some sort of religious or racial hatred.
* A legal term meaning to instigate, encourage or assist another to commit an offence.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007