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In regards to copyright on religious works, it is not always clear who the rightsholder is. Under the provisions of the Berne Convention, copyright is granted to the author on the creation of the work. Several religions claim that all or some of their works were authored (written or dictated) by their god or gods.
Most countries do not give religion special treatment, either negative or positive, in regards to copyright. Thus, religious works are copyrighted in the same manner as any other type of work.
Since most of the world's major religions have been practiced for over a thousand years, their original scriptures are in public domain. This includes scriptures such as the Torah, the Bible, the Quran, and the Bhagavad Gita. However, most translations of these works are far newer, and translations are often under copyright of the translator. In the United Kingdom, the King James Version of the Bible is covered by crown copyright. Similarly, published versions of these works often include added commentary, and this commentary is under copyright.
For newer religions, scriptures are still copyrighted, and some religious organizations, such as the Church of Scientology, enforce these copyrights aggressively. Older religions often publish newer works to accompany their services, such as hymnals or prayer books, and these are usually copyrighted.
Religions often claim that their works were created by God, higher powers, or divine beings. Works created by such beings are not eligible for copyright and churches can't claim copyrights on their behalf. However, courts have upheld such copyrights under the argument that humans put enough creative work into compiling these divine statements to own a copyright. [1]
In 1991 the Urantia Foundation sued Kristen Maaherra for reproducing parts of The Urantia 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." [2]
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 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 (a channeler) was legally considered the author, and that the Urantia Foundation thus could not file a valid copyright renewal.
Four years later, in 1999, Harry McMullan III and the Michael Foundation published a book, Jesus–A New Revelation, which included verbatim 76 of the 196 papers included in The Urantia Book. [3] McMullan and the Michael Foundation subsequently sought a legal declaration that the Urantia Foundation's US copyright in The Urantia Book was either invalid or, alternatively, that the copyright had not been infringed upon. Urantia Foundation's copyright was held to have expired in 1983 because the book was deemed to have been neither a composite work nor a commissioned work for hire. These two arguments having been rejected, a U.S. court held that, since the Conduit had deceased prior to 1983, only the Conduit's heirs would have been eligible to renew the copyright in 1983 and, since they had not done so, the Urantia Foundation's copyright on the book had expired and the book had therefore passed into the public domain. This decision was upheld on appeal. [4]
A similar case arose when the copyright owners of A Course in Miracles sued the New Christian Church of Full Endeavor for distributing A Course in Miracles. The court ruled that, even though the church claimed divine authorship, it still held a valid copyright because of the human role in compiling the materials into a cohesive work. [1] 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 judgment in April 2004, copyright on the published text was not upheld because the earliest versions of ACIM were distributed without a proper copyright notice, which was required under US law at the time. [5] [6]
In some cases, copyright law may complicate the performance of religious duties, such as evangelism, where the desire for religious works to be made widely available for the purposes of evangelization may clash with a desire to obtain copyright protection and use it to prohibit the production of unauthorized or altered versions of a text outside of the control of the originating organization. One prominent example is the case of certain documents, presumably authored by L. Ron Hubbard, which were never intended for public dissemination. Their original purpose was restricted to internal use only.
Since 1994, Scientology has used various legal tactics in an attempt to prevent unauthorized third-party distribution of these works by those outside of the official hierarchy. [7] The church's position is that these documents are intended only for those who have obtained a certain status through religious practice. That status is internally described as being "clear", or having a state of "clearness", due to a person's diligent religious observance.[ citation needed ]
As a consequence of this belief, the Church of Scientology has sought to obtain legal injunctions against distribution of those documents by any entity other than the Church of Scientology, claiming that such distribution is copyright infringement, as the Church of Scientology considers itself to possess the copyright for such works.
After the death of Worldwide Church of God founder Herbert W. Armstrong in 1986, church leaders began moving in a different direction, both in tone and teaching. Some members dissatisfied with these moves formed the Philadelphia Church of God, led by Gerald Flurry. By the mid-1990s, much of Armstrong's writings had been repudiated by WCG leadership and were out of print. In 1997, PCG began reprinting many books written by Armstrong and distributed them for free. Flurry and others regarded this material to be central to their religious teaching and practice, requiring their familiarity for any members desiring baptism, especially Mystery of the Ages (Armstrong's last book) and Armstrong's autobiography (recounting his own conversion). [8] WCG sued PCG for copyright infringement, which claimed fair use on religious practice grounds. [9] After a lengthy court battle, WCG won a ruling that,
"...as a matter of law that PCG is not entitled to claim fair use. Because infringement by PCG of WCG's copyright is undisputed, barring fair use, WCG is entitled to a permanent injunction against the reproduction and distribution by PCG of [Mystery of the Ages]. Accordingly, we...dismiss the appeal from the denial of WCG's motion for an injunction pending...and remand for entry of a preliminary injunction pending a trial of any damages and final adjudication." [10]
Despite this victory, Worldwide did not continue the suit, but entered into an out-of-court settlement with Philadelphia. Among the terms of the settlement, PCG purchased the copyrights to Mystery of the Ages and 18 other written works. [11]
There are a number of disputes concerning the Church of Scientology's attempts to suppress material critical of Scientology on the Internet, utilizing various methods – primarily lawsuits and legal threats, as well as front organizations. In late 1994, the organization began using various legal tactics to stop distribution of unpublished documents written by L. Ron Hubbard. The organization is often accused of barratry through the filing of SLAPP suits. The organization's response is that its litigious nature is solely to protect its copyrighted works and the unpublished status of certain documents.
The Church of Scientology has been involved in court disputes in several countries. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church of Scientology says that its use of the legal system is necessary to protect its intellectual property and its right to freedom of religion. Critics say that most of the organization's legal claims are designed to harass those who criticize it and its manipulative business practices.
Herbert W. Armstrong was an American evangelist who founded the Worldwide Church of God (WCG). An early pioneer of radio and television evangelism, Armstrong preached what he claimed was the comprehensive combination of doctrines in the entire Bible, in the light of the New Covenant scriptures, which he maintained to be the restored true Gospel. These doctrines and teachings have been referred to as Armstrongism by non-adherents.
The Urantia Book is a spiritual, philosophical, and religious book that originated in Chicago sometime between 1924 and 1955. The authorship remains a matter of speculation. It has received various degrees of interest ranging from praise to criticism for its religious and science content, its unusual length, and its lack of a known author.
The Free Zone, “Freezone”, or more recently identified as Independent Scientology, comprises a variety of non-affiliated independent groups and individuals who practice Scientology beliefs and techniques independently of the Church of Scientology (CoS). Such practitioners range from those who closely adhere to the original teachings of Scientology's founder, L. Ron Hubbard, to those who have adapted their practices so far that they are almost unrecognizable as Scientology.
Since its inception in 1954, the Church of Scientology has been involved in a number of controversies, including its stance on psychiatry, Scientology's legitimacy as a religion, the Church's aggressive attitude in dealing with its perceived enemies and critics, allegations of mistreatment of members, and predatory financial practices; for example, the high cost of religious training:191 and perceived exploitative practices. When mainstream media outlets have reported alleged abuses, representatives of the church have tended to deny such allegations.
The Fishman Affidavit is a set of court documents submitted by self-professed ex-Scientologist Steven Fishman in 1993 in the federal case, Church of Scientology International v. Fishman and Geertz (Case No. CV 91-6426.
Armstrongism is the teachings and doctrines of Herbert W. Armstrong while leader of the Worldwide Church of God (WCG). His teachings are professed by him and his followers to be the restored true Gospel of the Bible. Armstrong said they were revealed to him by God during his study of the Bible. The term Armstrongite is sometimes used to refer to those that follow Armstrong's teachings. Armstrongism and Armstrongite are generally considered derogatory by those to whom it is applied, who prefer to be known as members of the Church of God (COG). These doctrines were also espoused by his sons Richard David Armstrong and Garner Ted Armstrong with slight variations.
In Scientology, Operating Thetan (OT) is a notional spiritual status above Clear. It is defined as "knowing and willing cause over life, thought, matter, energy, space and time (MEST)." According to religious scholar J. Gordon Melton, "It’s basically a variation of the Gnostic myth about souls falling into matter and the encumbrances that come with that" with the exception in that instead of Divine intervention, there is Alien intervention. The Church teaches Operating Thetan doctrine in eight separate stages, or Levels; however, the Church claims there are actually fifteen Levels, and critics argue the Church uses the missing Levels to incentivize believers into giving more money to the Church in order to be able to experience them once they are finally released. Sometimes the Church requires believers to retake, and therefore pay again for, previous courses in the meantime as they await the missing Levels. Each course costs a considerable amount of money, often thousands of US dollars.
The Avatar Course, often simply called Avatar, is a series of LGAT self-development courses founded in 1986 by Harry Palmer and run by his privately held company, Star's Edge, Inc., which trains and licenses Avatar Masters (teachers) to deliver the Avatar Course globally.
Joseph W. Tkach was the appointed successor of Herbert W. Armstrong, founder of the Worldwide Church of God. Tkach became President and Pastor General of the church upon the death of Armstrong in 1986. Tkach spearheaded a major doctrinal transformation of the Worldwide Church of God, abandoning Armstrong's unconventional doctrines and bringing the church into accord with orthodox evangelical Christianity. His son, Joseph Tkach Jr., continued his work and in 1997 the Worldwide Church of God became a member of the National Association of Evangelicals.
Bare-faced Messiah: The True Story of L. Ron Hubbard is a posthumous biography of Scientology founder L. Ron Hubbard by British journalist Russell Miller. First published in the United Kingdom on 26 October 1987, the book takes a critical perspective, challenging the Church of Scientology's account of Hubbard's life and work. It quotes extensively from official documents acquired using the Freedom of Information Act and from Hubbard's personal papers, which were obtained via a defector from Scientology. It was also published in Australia, Canada and the United States.
Moxon & Kobrin is a "captive" law firm of the Church of Scientology, meaning that it has no other clients apart from Scientology-affiliated entities. Its headquarters are located in Burbank, California." Wilshire Center Business Improvement District. Its members are: Kendrick Moxon, Helena Kobrin, and Ava Paquette.
A Piece of Blue Sky: Scientology, Dianetics and L. Ron Hubbard Exposed is a 1990 book about L. Ron Hubbard and the development of Dianetics and Scientology, authored by British former Scientologist Jon Atack. It was republished in 2013 with the title Let's sell these people A Piece of Blue Sky: Hubbard, Dianetics and Scientology. The title originates from a quote of Hubbard from 1950; an associate of Hubbard's noted him saying that he wanted to sell potential members "a piece of blue sky".
OT VIII or OT 8 is the highest current auditing level in Scientology. OT VIII is known as "The Truth Revealed" and was first released to select high-ranking public Scientologists in 1988, two years after the death of Scientology's founder, L. Ron Hubbard. OT VIII is only delivered to members of the Church of Scientology in one place—aboard the organization's private cruise ship, the Freewinds. OT 8 is also available in the Scientology Independent Field. There are a few advanced auditors that are able to deliver the level to those who meet the prerequisites.
Scientology is a set of beliefs and practices invented by American author L. Ron Hubbard, and an associated movement. It has been variously defined as a cult, a business, or a new religious movement. The most recent published census data indicate that in the United States there were about 25,000 followers ; around 2,300 followers in England (2011); and about 1,700 each in both Canada (2011) and Australia (2016). Hubbard initially developed a set of ideas that he called Dianetics, which he represented as a form of therapy. This he promoted through various publications, as well as through the Hubbard Dianetic Research Foundation that he established in 1950. The foundation soon entered bankruptcy, and Hubbard lost the rights to his book Dianetics in 1952. He then recharacterized the subject as a religion and renamed it Scientology, retaining the terminology, doctrines, and the practice of "auditing". By 1954, he had regained the rights to Dianetics and retained both subjects under the umbrella of the Church of Scientology.
The Philadelphia Church of God (PCG) is an international church based in Edmond, Oklahoma, USA. The PCG traces its roots to the Worldwide Church of God (WCG), founded by Herbert W. Armstrong (1892–1986). The PCG was founded by Gerald Flurry with the stated purpose of continuing Armstrong's teachings, which were re-evaluated and subsequently rejected by the WCG after Armstrong's death, as it came to accept mainstream Christian teachings, such as the Trinity. Armstrong had rejected the Trinity doctrine in favor of the view that God is not one but two separate God-beings into which Family, according to Armstrong, humans, "upon true conversion and spiritual growth", may be born.
The Urantia Foundation is a Chicago-based non-profit organisation, founded 1950, that provides materials, promotes events, and provides guidance associated with The Urantia Book.
Religious Technology Center v. Netcom On-Line Communication Services, Inc., 907 F. Supp. 1361, is a U.S. district court case about whether the operator of a computer bulletin board service ("BBS") and Internet access provider that allows that BBS to reach the Internet should be liable for copyright infringement committed by a subscriber of the BBS. The plaintiff Religious Technology Center ("RTC") argued that defendant Netcom was directly, contributorily, and vicariously liable for copyright infringement. Netcom moved for summary judgment, disputing RTC's claims and raising a First Amendment argument and a fair use defense. The district court of the Northern District of California concluded that RTC's claims of direct and vicarious infringement failed, but genuine issues of fact precluded summary judgment on contributory liability and fair use.
Hubbard v Vosper, [1972] 2 Q.B. 84, is a leading English copyright law case on the defence of fair dealing. The Church of Scientology sued a former member, Cyril Vosper, for copyright infringement due to the publication of a book, The Mind Benders, criticizing Scientology. The Church of Scientology alleged that the books contained material copied from books and documents written by L. Ron Hubbard, as well as containing confidential information pertaining to Scientology courses. Vosper successfully defended the claim under the fair dealing doctrine, with the Court of Appeal deciding unanimously in his favour. The judgment given by Lord Denning clarified the scope and content of the fair dealing defence.
