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.

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# re: Do Churches Have Copyright?

Thursday, May 15, 2008 12:43 AM by JonBostwick

No one can own copyrights. They are a perversion of true property, which is a system to resolve conflict over scarce resources.

Ideas are not scarce so there is no need for Intellectual Property, other than to cause some to profit at the expense of others.

If you do believe copyrights to be valid, for whatever reason, than anyone able to own real property is eligible to own copyright.

# re: Do Churches Have Copyright?

Thursday, May 15, 2008 3:32 PM by jtucker

what a can of worms! The Catholic Church in the US makes big bucks from its copyrights and its publishing arms and enforcing them against its own members who would dare publish a word of even the tiniest portions of its liturgy without approval and payment. Talk about the mixing of church and state! But here is an irony: not all the oldest texts are copyright protected, particularly not the Latin ones. So guess which form is growing? A good example is that massive set of books called the Catholic Encyclopedia. The 1912 edition is online for free, while the ones from the 1970s is copyright protected. So of course it is the old one that has all the influence and pull, while the new one is gathering dust in libraries.

# re: Do Churches Have Copyright?

Thursday, May 15, 2008 5:23 PM by Cork2

"The Catholic Church in the US makes big bucks from its copyrights and its publishing arms"

Though I oppose religion, I disagree with this statement. Just because churches have big bucks, it does not mean that they stole the money. They got their money from the buyers of their books. Only the buyers are the ones that are losing their money and giving them to the church. Wealth is not zero-sum. Copyrights do not restrict wealth of non-consenting individuals (unlike patents when ideas can duplicate)

"and enforcing them against its own members who would dare publish a word of even the tiniest portions of its liturgy without approval and payment.""

I see them as legitamate, as equivalent to trade secrets.

# re: Do Churches Have Copyright?

Thursday, May 15, 2008 5:25 PM by Cork2

"Ideas are not scarce so there is no need for Intellectual Property, other than to cause some to profit at the expense of others."

Yes, most forms of IP is zero-sum, but most forms of copyright is not. Copyright is a voluntary agreement between the seller and the buyer. So copyright does not really gain one at the expense of others. Even though copyright holders are rich, their money only comes from their sellers.

# re: Do Churches Have Copyright?

Friday, May 16, 2008 11:09 AM by jtucker

if you think that copyright is part of the market, try a mental experiment. abolish the U.S. copyright office and think what would happen.

What's more, it is not merely an agreement between buyer and seller. If I find an abandoned book published in 1975 on a park bench and walk away with it, I cannot republish it legally. I must hunt down the claimant not to the physical property but to the word and letter arrangement. I'm not free to do with it what I want.

# re: Do Churches Have Copyright?

Friday, May 16, 2008 11:41 AM by aheram

"Copyright is a voluntary agreement between the seller and the buyer."

You are inaccurately portraying copyright as some sort of license agreed between parties upon purchase. In fact, copyright involves much more than any voluntary exchanges. Copyright is involved even in cases where there are not any exchanges, voluntary or otherwise.

A person drawing a popular cartoon character is prevented by copyright laws from selling his work (the derivative). Never mind that the copyright holder did not expend any effort or resources into the creation of this derivative! Copyright assumes that the original content-creator's copyright precedes that of the private property-owner (the derivative content-creator).

# re: Do Churches Have Copyright?

Saturday, May 17, 2008 8:43 AM by Cork2

Taxes, regulations, etc. are a more significant infrigement of rights than copyright.

# re: Do Churches Have Copyright?

Saturday, May 17, 2008 10:36 AM by aheram

@Cork2: That is the thing. Copyright is nothing more than mere regulation of information.

# re: Do Churches Have Copyright?

Wednesday, June 18, 2008 9:15 PM by Charlie

Wikileaks has no connection with Wikimedia. It is an independent whistle-blowing site that merely uses wiki technoloogy.

# re: Do Churches Have Copyright?

Thursday, June 19, 2008 1:24 AM by aheram

Thank you, Charlie, for that correction. It seems that it is only Wikinews, and not Wikileaks, that have any connection with Wikimedia.