February 4, 2008 CONGRESSIONAL RECORD — SENATE S603 S. 2591. A bill to amend chapter 1 of to watch the game nor have they used them SUBMITTED RESOLUTIONS title 17, United States Code, to provide as fundraisers. Rather, these events provide an exemption from exclusive rights in churches with a means of connecting with copyright for certain nonprofit organi- the greater community and new potential SENATE RESOLUTION 441—CON- zations to display live football games, members of their congregation. The unique- GRATULATING THE NEW YORK and for other purposes; to the Com- ness of these events is underscored by the GIANTS ON THEIR VICTORY IN mittee on the Judiciary. fact that these churches do not use the Acad- SUPER BOWL XLII Mr. SPECTER. Mr. President, I rise emy Awards or other popular television pro- Mr. SCHUMER (for himself, Mrs. gramming as a means of outreach. to introduce legislation which would CLINTON, Mr. LAUTENBERG, and Mr. modify the limitations on churches When Congress created the sports bar ex- MENENDEZ) submitted the following showing the Super Bowl under the NFL emption in 1998, they did so based on the ra- resolution; which was considered and copyright franchise. Churches across tionale that the display of copyrighted per- agreed to: formances—such as football games—in sports the country were notified by the NFL S. RES. 441 not to show the Super Bowl on a big bars and similar establishments did not neg- atively impact the overall viewership for the Whereas, on Sunday, February 3, 2008, the screen because it infringed their copy- game and value of the rights to the game. New York Giants defeated the New England right. There is an exception under the The same rationale applies to churches. Al- Patriots by a score of 17–14 to win Super Bowl XLII; copyright laws for bars. It is anoma- lowing churches to show the game would not Whereas the Giants, who were double-digit lous that you can go to a bar and see diminish the overall viewership for the Super underdogs, overcame overwhelming odds to the Super Bowl, but you cannot go to a Bowl. If anything, it increases the church for a social gathering and do defeat the Patriots; viewership by making it a social event and Whereas Giants owners John K. Mara and the same. This legislation will correct bringing people out to watch the game who Steve Tisch have built the Giants organiza- that. might not have watched it at home or in a tion into a championship caliber team; Mr. President, I ask unanimous con- bar. Whereas Eli Manning, having led a game- sent that my full statement be printed Today, I am introducing legislation that winning drive for 83 yards at the end of the in the RECORD. will create a new exemption for religious es- fourth quarter, was named the game’s Most There being no objection, the mate- tablishments. This legislation will provide Valuable Player; Whereas David Tyree’s game-breaking rial was ordered to be printed in the churches and other houses of worship with catch will forever go down in Super Bowl his- RECORD, as follows: the protection that they need to gather to tory as one of the greatest plays ever; INTRODUCTION OF LEGISLATION EXEMPTING watch the Super Bowl without fear of being Whereas the relentless onslaught of the Gi- RELIGIOUS ESTABLISHMENTS FROM THE PUB- sued for copyright infringement. This ex- ants defensive line, highlighted by spectac- LIC PERFORMANCE RIGHT FOR SPORTS PRO- emption will have limitations. For example, ular plays by Justin Tuck, Osi Umenyiora, GRAMMING in order to qualify for the exemption, a and team Captain Michael Strahan, sacked church may not charge a fee to view the Few images are more distinctly American Patriots quarterback Tom Brady 5 times; game. This will ensure that religious estab- than that of a religious community coming Whereas the Giants capped off an amazing lishments do not unfairly profit from the together not only in prayer but in fellowship playoff run by winning all 4 playoff games on NFL’s copyright. Further, the exemption to watch a major sporting event. For years, the road as underdogs; only applies to the live broadcast of a profes- houses of worship across this country have Whereas Giants head coach Tom Coughlin, sional football game at the church or house opened up their doors and welcomed their in his first appearance in the Super Bowl, of worship. A church may not tape the game congregation into their halls to watch the lead his team to victory from the wild card to show at a later date or rebroadcast the Super Bowl. They have provided families spot; game to another location. In other words, with an alternative to going to the local bar Whereas this marks the third time in fran- the legislation simply provides churches down the street to cheer for their favorite chise history that the Giants have won the with a limited yet justifiable exemption to team. However, if the National Football Super Bowl; allow them to bring their congregation to- League has its way, such gatherings will Whereas the Giants attract fans from New gether to watch the Super Bowl. come to an end. York, New Jersey, and Connecticut to their A strict reading of the copyright code pro- I am aware that some may argue that this home games in East Rutherford, New Jersey, hibits virtually anyone from bringing a large bill implicates constitutional concerns. This and to away games across the country; and group of people together and watching the is not the first time that we have recognized Whereas Giants fans from across the tri- Super Bowl. The one exception to this gen- state region have rallied together to cheer eral rule is ‘‘food service and drinking estab- the unique needs of the religious community the Giants for coming from behind to win in lishments.’’ This exemption allows sports in the Copyright Code. Indeed, the section of the biggest upset in Super Bowl history: bars to show a sporting event, so long as the Copyright Code that we are amending al- Now, therefore, be it they do so on screens that do not exceed ready has an exemption for houses of wor- Resolved, That the Senate congratulates fifty-five, 55, inches. Although the law is ship and other religious assemblies for the the New York Giants on their victory in nearly impossible to enforce for Super Bowl use of copyrighted works of a religious na- Super Bowl XLII. parties held in places other than food service ture. Although the Constitution does not re- and drinking establishments, the NFL has quire the creation of an exception in this f turned its sights on churches and other case, it is reasonable to pursue one. In pre- SENATE RESOLUTION 442—COM- houses of worship, which use the large paring this measure, my staff has researched MEMORATING THE LIFE OF A. screens normally reserved for displaying the issue and spoken with some of the fore- LEON HIGGINBOTHAM, JR hymns to show the Super Bowl to their con- most experts in the field of First Amend- gregation. ment law. They share our view that this leg- Mr. CASEY (for himself, Mr. SPEC- Over the past several years, the NFL has islation appears consistent with the Estab- TER, and Mr. LEAHY) submitted the fol- begun sending churches across the country lishment Clause of the Constitution. This lowing resolution; which was consid- cease-and-desist letters, warning them not to ered and agreed to: show the game on their big-screen tele- legislation will not further entangle Govern- visions and threatening them with a copy- ment with religion but instead accommo- S. RES. 442 right infringement suit if they do. These re- dates the needs of houses of worship and rec- Whereas the late A. Leon Higginbotham, ligious establishments—many of which do ognizes their important role in the commu- Jr., dedicated his life to eliminating racial not have enough money to even think about nities they serve. barriers in the society of the United States; defending themselves against a giant such as In a time when our country is divided by Whereas, having grown up during the Great the NFL—have had little choice but to shut war and anxious about a fluctuating econ- Depression and the era of Jim Crow laws, A. Leon Higginbotham, Jr., overcame a child- down these gatherings. omy, these type of events give people a rea- This is unfortunate because many houses hood marked by economic hardship and seg- son to come together in the spirit of camara- of worship have used these events to reach regation; out to their members, as well as potential derie. We, Congress, need to recognize the Whereas, having personally experienced new members, particularly young people. As unique need that these events satisfy and the effects of racism, A. Leon Higginbotham, Reverend Thomas Omholt, senior pastor of provide religious establishments with the Jr., sought an education and career in law St. Paul’s Lutheran in Washington, DC, stat- protection that they need. I urge my col- during which he fought institutionalized rac- ed in a recent Washington Post article, ‘‘It leagues to join me in this effort. ism in the United States judicial system; takes people who are not coming frequently, Whereas A. Leon Higginbotham, Jr., began or who have fallen away, and shows them Mr. SPECTER. Mr. President, I ask his legal career as a law clerk to Justice Cur- that the church can still have some fun.’’ unanimous consent that the text of the tis Bok of the Superior Court of Pennsyl- These churches do not charge their members bill be printed in the RECORD. vania and soon became the youngest and

VerDate Aug 31 2005 02:21 Feb 05, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A04FE6.023 S04FEPT1 smartinez on PRODPC61 with SENATE