At the close of yesterday’s Super Bowl, American church auditoriums were among the few places deader than the New England Patriots’ bench. For the past two years, party-pooper NFL attorneys have worked to clamp down on unauthorized screenings of the game in public. Ironically, thanks to copyright law, the more churches upsize to vogue JumboTrons and giant flat-screen TVs, the fewer will be using their newfound devices for Super Bowl parties.
The Washington Post and The Wall Street Journal both reported on the NFL’s blockade in the lead-up to yesterday’s game. “The league bans public exhibitions of its games on TV sets or screens larger than 55 inches because smaller sets limit the audience size,” the Post said. “The section of federal copyright law giving the NFL protection over the content of its programming exempts sports bars, NFL spokesman Brian McCarthy said.”
Officially, a church violates the NFL’s rules if it does, inter alia, any of the following: (1) charges admission, which violates copyright law; (2) screens the game on any TV or projector of more than 55 inches, or on any two TVs or projectors, period; (3) promotes any kind of message; or (4) uses the words “Super Bowl” to advertise the event, which violates trademark law. (Churches bent on circumventing the latter have called events “Superb Owl” parties.)
McCarthy told the Post that public places like auditoriums and movie theaters are prohibited from showing NFL games because big-screen events “could eat into television ratings and erode broadcasters’ advertising rates.”
But bars and restaurants that typically run sports programming on their TVs got an exemption years ago. Critics don’t see why they are special. Yesterday Sen. Arlen Specter, a Republican from Pennsylvania, told CNN’s “Late Edition” that he sees “absolutely no reason why you ought to be able to have a big screen in a bar but not in church, where a church is having a social event.” Rep. Heath Shuler, a Democrat from North Carolina and a former Washington Redskin, pressed NFL commissioner Roger Goodell directly for an exemption. Last year, when the debate began after the NFL preempted a party at Fall Creek Baptist Church in Indianapolis, Ind., for about 400 churchgoers, lefty MSNBC talk-show host Keith Olbermann even gave the “No Fun League” a silver “Worst Person in the World” medal.