Thu, May 15 2008 1:15 PM
aheram
Do Churches Have Copyright?
The Church of Jesus Christ of Latter-Day Saints are claiming that their copyright on the religious handbooks they give out to their bishops have been violated by Wikimedia Foundation's Wikileaks that published pages of the aforementioned material online. In an article published by Wikinews, the news publication arm of Wikimedia Foundation, a spokesman from Wikileaks stated:
Wikileaks will not remove
the handbooks [the Church Handbook of Instructions is a two-volume
set], which are of substantial interest to current and former Mormons. Wikileaks will remain a place where people
from around the world can safely reveal the truth.
This a complicated issue. The LDS is attempting to stop the online distribution of its publicly and widely disseminated material. It is an exercise in futility if there is one. But there is a crucial question here: do tax-exempt religious institutions have copyright? I have seen no comparable cases where a church invoked its copyright in order to stop dissemination of its materials (with the notable exception of the Church of Scientology). Does the Catholic Church have a copyright on papal bulls, for example? Who owns the copyright to prayers? Religious songs? Is there anything that is not copyrightable? Even the Air Force has attempted to invoke its copyright going as far as sending DMCA notices to YouTube, never mind the inconvenient fact that governmental agencies do not hold copyrights! While I understand that the churches are not governmental institutions, their very public function (and historically they were the government!) should make them ineligible for copyrights.
Filed under: copyright