Sermons and the Super Bowl

Once again, the NFL has asserted its copyright ownership rights against houses of worship.  It has been reported (WaPo, WSJ) that several churches hoping to attract new members on Super Bowl Sunday by showing the game on a large-screen television were ordered to cease and desist.  Although it is actually permissible for non-food and drinking establishments to display televised broadcasts, the screen size is limited to 55 inches or less.  To get an idea of how unbelievably specific and detailed this section of the Copyright Act is, you should read 17 U.S.C. 110(5)(B) (e.g., yes, it's actually 55 inches, not 50, not 60).  While religious performances of some works are exempted (e.g., 110(3)), the Super Bowl does not appear to be covered.  So the NFL has taken action.

Why does the NFL parse these obscure rules to assert copyright ownership against religious establishments?  One would have to ask the League's attorneys to be sure.  But it seems to follow a pattern of copyright owners strongly enforcing rights whenever possible, even against those who seem to cause little harm (consider the famous ASCAP-girl scout dispute).  One reason might be to ensure that the public does not presume such uses are merely so-called "fair uses" -- a perception that could lead a court to actully make such a ruling in the future.  Another may be to preserve licensing opportunities, perhaps through emergent electronic means.  In any case, copyright owners tread a thin line in enforcing rights that may lead to a public backlash.