Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
Hello, I will be assisting you.
The question has two components. One legal and one ethical
how much of the materials was used and how much of the sermon did those materials constitute?
Not sure at this point , but it would have been a portion !
There were some sentences thrown into the sermon that were word for word !
There were a few sentences thrown into the sermon that were word for word !
Generally speaking, Canada recognizes the fair dealing exception to copyright law. Under the fair dealing one can use copyrighted materials without permission from the copyright holder if the use of the copyrighted material relates to research, private study, criticism, review, or news reporting. However, the also mandates that that such use be accompanied by mentioning the source of the material, along with the name of the author, performer, maker, or broadcaster for the dealing to be fair. Then there is the question of ethics. Whether a public figure should include material written by others without giving proper disclosure to the audience making it seem as if the material is original.
In my mind the issue is mre ethical than legal. As far as ethics I would ask important as the use of the materials in the sermon and how extensive was that use. If the use of the materials represents the core thesis of the sermon then I would like to towards it being plagiarism. In addition, if there was an extensive use of copyrighted materials without giving attribution then again I would consider this plagiarism (though you indicated that were only a few sentences that were thrown into the sermon that were word for word)
I agree with you that this does not bode well for the pastor. We expect our clergy to be creative and innovative and it is always surprising and disappointing when a spiritual leader is caught up in earthly matters. In this case, however because the pastor believed he had permission from the author then I think that any false perception that was given to audience is rooted in the misunderstanding and the innocent failure to reference the source. Maybe the pastor can follow up in a future sermon indicate the presumption and make the references to the source known to the congregation.
Thank you for allowing me to assist you.
Please rate my answer. Without your rating I do not get compensated for my time.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).