Copyright on religious works
Encyclopedia
With copyright on religious works it is not always clear who the rights' holder
is. Under the provisions of the Berne Convention
, copyright is granted to the author on creation of the work. Several religions claim that all or some of their works were authored (written or dictated) by their god or gods.
Many Christians, for instance, believe that the Bible
is literally the word of God
. Many editions of the Bible are under copyright due to their unique edition or translation.
The founder of Latter Day Saint movement
, Joseph Smith, claimed that an age old Book of Mormon
contains the religious and secular history of ancient civilizations in the Americas.
In 1991 the Urantia Foundation held a copyright to The Urantia Book. They sued Kristen Maaherra for reproducing parts of the book unauthorized. According to the Foundation's representatives, the Papers of The Urantia Book were dictated by celestial, unseen cosmic beings to an unidentified sleeping subject (a human being) and they, The Urantia Foundation held the copyright in trust of keeping the text "inviolate".
In resolving Urantia Foundation v. Maaherra, the court said that "We agree with [the defendant], however, that it is not creations of divine beings that the copyright laws were intended to protect, and that in this case some element of human creativity must have occurred in order for the Book to be copyrightable. At the very least, for a worldly entity to be guilty of copyright infringement, that entity must have copied something created by another worldly entity."
Maaherra lost the case at this level, on the argument that the members of the receiving group had been given an original direction to the writings by selecting and formulating their questions, thus fulfilling the obligation of creative effort required to gain a copyright under U.S. law. This was later overturned on the grounds that the Urantia Foundation was not the author, and that the sleeping subject, sometimes highly controversially called a channeler, was legally considered the author, and that the Urantia Foundation thus could not file a valid copyright renewal.
A similar case arose when the copyright owners of A Course in Miracles
sued New Christian Church of Full Endeavor
for distributing A Course in Miracles. The court ruled that the copyright on the manuscripts was violated, and wrote, quoting from the above case:
"In a case similar to this one, the Ninth Circuit recently
held that, notwithstanding a spiritual book's "celestial" or
"divine" origins, the originality requirement necessary for a valid
copyright was satisfied because the human beings who "compiled,
selected, coordinated, and arranged" the book did so "'in such a
way that the resulting work as a whole constitutes an original work
of authorship.'" Urantia Found. v. Maaherra, 114 F.3d 955, 958
(9th Cir. 1997) ("Urantia") (quoting 17 U.S.C. § 101)."
However, in the final judgement, copyright on the published text was not upheld, because it was published without a proper copyright
notice, which was required under US law at the time.
In the United Kingdom
, the King James Version of the Bible is covered by a crown copyright
.
Copyright law can clash with the evangelization
work of a church. Probably the best known instance of this is the case of the secret religious writings of the Church of Scientology
. Since late 1994, Scientology has used various legal tactics to stop the distribution of these documents written by its founder, L. Ron Hubbard
. The church claims these documents may only be read by followers who have reached a state of so-called "clear," although critics hint that the enormous sums of money followers must pay to be able to read these documents could provide another reason as to why the church is so secretive.
. They grant an entity, either the author or a publisher, a right to derive commercial benefit from a text, and some countries grant the author additional rights to control the integrity of the text. They do not control what some other individual believes about that text, nor forbid access to that text.
On the other hand, copyright laws can be used as leverage by the owner, and if that owner is a religious organization, they will naturally attempt to control their assets. This can lead to problems, as seen above, if a dissenter also wants to promulgate their own vision of the text.
However, despite the creep up of copyright terms, all copyrights are finite in duration. This means that eventually all texts will become public domain somewhere. So at that point anyone will be able to do what they wish with that text.
The original text of ancient books, such as the Bible, Rig Veda, etc. predate any copyright laws. However, translations of that text may be recent enough to fall under copyright law, and commentary or cross-notes added to the text may be copyrighted. Of course that copyright will belong to the person, persons, or organization that translated or added material to the text, not God (or any particular god or gods).
Another issue is which version of the text one might want to use. For instance, there are numerous variations in the text of the Bible, as the canonical text has been preserved through a set of manuscripts, each with minor variations. This means that any critical edition of the Bible will reflect a huge number of decisions on the part of the editor, which rises to the level of 'creativity' which copyright law demands.
In most countries, fair use
is intended to permit sufficient quotation from the original work as needed for commentary or criticism.
Holder
Holder may refer to:People with the surname Holder:* Holder In mathematics:* Hölder condition* Hölder's inequality* Hölder mean* Jordan–Hölder theoremIn sports:* Holder In devices:...
is. Under the provisions of the Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
, copyright is granted to the author on creation of the work. Several religions claim that all or some of their works were authored (written or dictated) by their god or gods.
Many Christians, for instance, believe that the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
is literally the word of God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
. Many editions of the Bible are under copyright due to their unique edition or translation.
The founder of Latter Day Saint movement
Latter Day Saint movement
The Latter Day Saint movement is a group of independent churches tracing their origin to a Christian primitivist movement founded by Joseph Smith, Jr. in the late 1820s. Collectively, these churches have over 14 million members...
, Joseph Smith, claimed that an age old Book of Mormon
Book of Mormon
The Book of Mormon is a sacred text of the Latter Day Saint movement that adherents believe contains writings of ancient prophets who lived on the American continent from approximately 2600 BC to AD 421. It was first published in March 1830 by Joseph Smith, Jr...
contains the religious and secular history of ancient civilizations in the Americas.
In 1991 the Urantia Foundation held a copyright to The Urantia Book. They sued Kristen Maaherra for reproducing parts of the book unauthorized. According to the Foundation's representatives, the Papers of The Urantia Book were dictated by celestial, unseen cosmic beings to an unidentified sleeping subject (a human being) and they, The Urantia Foundation held the copyright in trust of keeping the text "inviolate".
In resolving Urantia Foundation v. Maaherra, the court said that "We agree with [the defendant], however, that it is not creations of divine beings that the copyright laws were intended to protect, and that in this case some element of human creativity must have occurred in order for the Book to be copyrightable. At the very least, for a worldly entity to be guilty of copyright infringement, that entity must have copied something created by another worldly entity."
Maaherra lost the case at this level, on the argument that the members of the receiving group had been given an original direction to the writings by selecting and formulating their questions, thus fulfilling the obligation of creative effort required to gain a copyright under U.S. law. This was later overturned on the grounds that the Urantia Foundation was not the author, and that the sleeping subject, sometimes highly controversially called a channeler, was legally considered the author, and that the Urantia Foundation thus could not file a valid copyright renewal.
A similar case arose when the copyright owners of A Course in Miracles
A Course in Miracles
A Course in Miracles is a self-study curriculum that aims to assist its readers in achieving spiritual transformation. The book describes a non-dualistic philosophy of forgiveness and includes what are meant to be practical lessons and applications for the practice of forgiveness in one's daily life...
sued New Christian Church of Full Endeavor
Endeavor Academy
Endeavor Academy, founded in 1992 as the New Christian Church of Full Endeavor, is a community of students of the late Charles Buell Anderson, which focuses primarily on the teachings found in the book; A Course in Miracles...
for distributing A Course in Miracles. The court ruled that the copyright on the manuscripts was violated, and wrote, quoting from the above case:
"In a case similar to this one, the Ninth Circuit recently
held that, notwithstanding a spiritual book's "celestial" or
"divine" origins, the originality requirement necessary for a valid
copyright was satisfied because the human beings who "compiled,
selected, coordinated, and arranged" the book did so "'in such a
way that the resulting work as a whole constitutes an original work
of authorship.'" Urantia Found. v. Maaherra, 114 F.3d 955, 958
(9th Cir. 1997) ("Urantia") (quoting 17 U.S.C. § 101)."
However, in the final judgement, copyright on the published text was not upheld, because it was published without a proper copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
notice, which was required under US law at the time.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the King James Version of the Bible is covered by a crown copyright
Crown copyright
Crown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. It provides special copyright rules for the Crown .- Australia :...
.
Copyright law can clash with the evangelization
Evangelization
Evangelization is that process in the Christian religion which seeks to spread the Gospel and the knowledge of the Gospel throughout the world. It can be defined as so:-The birth of Christian evangelization:...
work of a church. Probably the best known instance of this is the case of the secret religious writings of the Church of Scientology
Church of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...
. Since late 1994, Scientology has used various legal tactics to stop the distribution of these documents written by its founder, L. Ron Hubbard
L. Ron Hubbard
Lafayette Ronald Hubbard , better known as L. Ron Hubbard , was an American pulp fiction author and religious leader who founded the Church of Scientology...
. The church claims these documents may only be read by followers who have reached a state of so-called "clear," although critics hint that the enormous sums of money followers must pay to be able to read these documents could provide another reason as to why the church is so secretive.
Freedom of religion
The commercial rights granted by copyright law do not infringe on freedom of religionFreedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
. They grant an entity, either the author or a publisher, a right to derive commercial benefit from a text, and some countries grant the author additional rights to control the integrity of the text. They do not control what some other individual believes about that text, nor forbid access to that text.
On the other hand, copyright laws can be used as leverage by the owner, and if that owner is a religious organization, they will naturally attempt to control their assets. This can lead to problems, as seen above, if a dissenter also wants to promulgate their own vision of the text.
However, despite the creep up of copyright terms, all copyrights are finite in duration. This means that eventually all texts will become public domain somewhere. So at that point anyone will be able to do what they wish with that text.
The original text of ancient books, such as the Bible, Rig Veda, etc. predate any copyright laws. However, translations of that text may be recent enough to fall under copyright law, and commentary or cross-notes added to the text may be copyrighted. Of course that copyright will belong to the person, persons, or organization that translated or added material to the text, not God (or any particular god or gods).
Another issue is which version of the text one might want to use. For instance, there are numerous variations in the text of the Bible, as the canonical text has been preserved through a set of manuscripts, each with minor variations. This means that any critical edition of the Bible will reflect a huge number of decisions on the part of the editor, which rises to the level of 'creativity' which copyright law demands.
In most countries, fair use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
is intended to permit sufficient quotation from the original work as needed for commentary or criticism.
See also
- Church of Spiritual TechnologyChurch of Spiritual TechnologyThe Church of Spiritual Technology, also known as CST, is a Californian 501 non-profit corporation, incorporated in 1982, which owns all the copyrights of the estate of L. Ron Hubbard. The CST is doing business as L. Ron Hubbard Library...
and Religious Technology CenterReligious Technology CenterThe Religious Technology Center is a Californian non-profit corporation. RTC was founded in 1982 by the Church of Scientology in order to control and oversee the use of all of the trademarks, symbols and texts of Scientology and Dianetics, including the copyrighted works of Scientology founder and...
, owner of ScientologyScientologyScientology is a body of beliefs and related practices created by science fiction and fantasy author L. Ron Hubbard , starting in 1952, as a successor to his earlier self-help system, Dianetics...
and L. Ron HubbardL. Ron HubbardLafayette Ronald Hubbard , better known as L. Ron Hubbard , was an American pulp fiction author and religious leader who founded the Church of Scientology...
intellectual property - Intellectual ReserveIntellectual ReserveIntellectual Reserve, Inc is a non-profit corporation based in Salt Lake City, Utah, USA. It is wholly owned by The Church of Jesus Christ of Latter-day Saints...
, owner of The Church of Jesus Christ of Latter-day Saints' intellectual property - A Course in MiraclesA Course in MiraclesA Course in Miracles is a self-study curriculum that aims to assist its readers in achieving spiritual transformation. The book describes a non-dualistic philosophy of forgiveness and includes what are meant to be practical lessons and applications for the practice of forgiveness in one's daily life...