Publishing: Unfair Use Alleged
Religious groups fight Internet copyright abuses
Mark A. Kellner | posted 4/23/2001 12:00AM
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Distribution Suppressed
The WCG case attracted national attention, including a front-page Wall Street Journal article. In September 2000, federal judges in the Ninth Circuit Court of Appeals ruled on a 2-1 vote that Armstrong legally willed his copyright of Mystery of the Ages to the WCG, which could restrict its distribution. The court majority said that despite the WCG action to suppress the book, PCG could not claim fair use in reprinting the entire book. Because they now believe Mystery of the Ages is "riddled with error," WCG officials say they feel a Christian duty to withhold the book.
The significance of the WCG ruling has grown in recent months after the Ninth Circuit cited its own ruling in another case. In its finding that Napster, the online music-sharing service, was allowing copyrights to be violated, the Ninth Circuit said: "Repeated and exploitative copying of copyrighted works, even if the copies are not offered for sale, may constitute a commercial use" that can be blocked under copyright laws.
Joseph Tkach Jr., pastor general of the WCG, told CT that should the U.S. Supreme Court refuse to hear the PCG's appeal, WCG lawyers will go after several overseas Web sites that post the complete text of Mystery of the Ages.
Sources close to the PCG legal team, who requested anonymity, said the Ninth Circuit's denial of PCG's claims threatened the "Betamax" Supreme Court decision, which permitted duplication of some copyright works (television programs) under certain circumstances.
The Christian Science Church also acknowledges that the explosion of the Internet has in part motivated its efforts to gain additional protection for Eddy's writings by creating the library.
Stephen Danzansky, executive officer of the Mary Baker Eddy Library for the Betterment of Humanity, says the library's materials would be available for public access, but not for wholesale copying and distribution (which are now easier through the Internet).
"The law is catching up to the technology as it always does," Danzansky told CT. "Everybody's in the same boat when it comes to the Web. It makes you think about how to assure these protections."
Copyright © 2001 by the author or Christianity Today International/Christianity Today magazine.
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Related Elsewhere
In 1996, Christianity Today briefly examined the many religious criticism sites online.
The 9th Circuit Court of Appeals September 2000 ruling (PDF | HTML) for the Worldwide Church of God is online, but the district court's order to stop distributing Mystery of the Ages is apparently no longer available.
Mystery of the Ages is still online at a variety of sites, including A Voice Cried Out.
Christianity Today's Weblog took note of the WCG decision when it was released.
Christianity Today's other coverage of the Worldwide Church of God includes:
From the Fringe to the Fold | How the Worldwide Church of God discovered the plain truth of the gospel. (July 15, 1996)
Splinter Groups Dismiss Leaders (Mar. 2, 1998)
Worldwide Church of God Joins NAE (June 16, 1997)
Christianity Today also covered the Utah Lighthouse Ministry's battle for its Web site.
The Utah Lighthouse Ministry site offers an area all about the lawsuit, including the complete settlement.
Kent Steinhaug's Watchtower Observer, which was sued by Norwegian Jehovah's Witnesses, has information about the suit.
Pay Attention to Yourselves and to All the Flock is still available at many sites. (And one great thing about the Web is that even if a controversial document disappears, it doesn't necessarily disappear altogether.)
In 1999, Salon.com profiled Scientology's war on the Web. Many other similar articles abound online. Meanwhile, Operation Clambake and other sites offer secret Scientology documents.
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