Church Copyright
From LDSOSS
Steven H. McCown shared the following research he did on the LDS Church and copyright with the Mailing List:
I've found some citations regarding the Church's historical and contemporary use and statements of copyright. Pay attention to keywords such as 'rights', 'piracy', 'author', etc. Here we go...
Someone asked for a scripture regarding copyright law. Other than on the copyright page, I don't believe that the word 'copyright' appears in the 4 standard works. However, LDS scriptorians agree that one scripture in particular directs Joseph Smith to procure a copyright for the Book of Mormon. D&C 104:58-59 addresses some of the church's economic problems and directs the Prophet to print the scriptures. There are numerous references by LDS historians citing that this (and the writings at Kirtland regarding this matter) also specifically relates to procuring a copyright. (ex: Hartshorn, Wright, and Ostler, The Doctrine and Covenants, a Book of Answers: The 25th Annual Sidney B. Sperry Symposium [Salt Lake City: Deseret Book Co., 1996], 40).
LDS Historian of the 1800's, B.H. Roberts, said "According to the history of the Prophet it was early in June, 1829, when David Whitmer took Joseph Smith and his wife and Oliver Cowdery to his father's home near Waterloo, at the north end of Seneca Lake, to the neighborhood called Fayette. There the Prophet remained until the translation was completed and the copyright secured." (B. H. Roberts, A Comprehensive History of The Church of Jesus Christ of Latter-day Saints, 6 vols. [Salt Lake City: Deseret News Press, 1930], 1: Contributor, vol. 9 (November 1887-October 1888), Vol. Ix. March, 1888. No. 5. 196)
From that we can gather that copyright was important to the Prophet and to the Lord. But why?
Examining the Library of Congress entry, one sees Joseph Smith cited as author of the Book of Mormon. Here is Joseph Smith's copyright registration:
"Northern District of New York, to wit:
Be It Remembered, That on the eleventh day of June, in the fifty third year of the independence of the United States of America, A.D. 1820, JOSEPH SMITH, JUN., of the said district, hath deposited in this office the title of a Book, the right whereof he claims as author, in the words following to wit: (Then follows the title page, with the words: "By Joseph Smith, Junior, Author and Proprietor, Palmyra: Printed by E. P. Grandin for the Author, 1830.
In conformity to the act of the Congress of the United States, entitled, "An act for the encouragement of learning, by securing the copies of Maps, Charts and Books, to the authors and proprietors of such copies, during the time therein mentioned; and also the act, entitled, An act supplementary to an act, entitled 'An act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the time therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.
R. R. Lansing Clerk of the Northern District of New York"
In order to protect the Book of Mormon, his work -- presented from the Lord, Joseph was instructed to use U.S. Copyright law, which required him to enter his name as 'author'. The point was not to thwart its dissemination, but to control its use. Copyright law and its protections were so important to the Lord and thereby to the Prophet that this course of action was taken. In the original copy of the Book of Mormon following the copyright notice, is this Preface written by Joseph Smith:
"To the reader-As many false reports have been circulated respecting the following work, and also many unlawful measures taken by evil designing persons to destroy me, and also the work, I would inform you that I translated, by the gift and power of God, and caused to be written, one hundred sixteen pages, the which I took from the Book of Lehi, which was an account abridged from the plates of Lehi, by the hand of Mormon; which said account, some person or persons have stolen and kept from me, notwithstanding my utmost exertions to recover it again-and being commanded of the Lord that I should not translate the same over again, for Satan had put it into their hearts to tempt the Lord their God, by altering the words, that they did read contrary from that which I translated and caused to be written; and if I should bring forth the same words again, or in other words, if I should translate the same over again, they would publish that which they had stolen, and Satan would stir up the hearts of this generation, that they might not receive this work: but behold, the Lord said unto me, I will not suffer that Satan shall accomplish his evil design in this thing: therefore thou shalt translate from the plates of Nephi, until ye come to that which ye have translated, which ye have retained; and behold, ye shall publish it as the record of Nephi; and thus I will confound those who have altered my words, I will not suffer that they shall destroy my work; yea, I will shew unto them that my wisdom is greater than the cunning of the Devil. Wherefore, to be obedient unto the commandments of God, I have, through his grace and mercy, accomplished that which he hath commanded me respecting this thing. I would also inform you that the plates of which hath been spoken, were found in the township of Manchester, Ontario county, New York.
The Author"
If copyrights were unnecessary, then this long explanation about the distinction between authorship and translation would also have been unnecessary. Nevertheless, the Lord saw fit for copyright protection.
If the Book of Mormon was to be 'free', then why was copyright necessary? What protection did it achieve?
In 1830, Abner Cole was an individual who became hostile towards the church. Noel B. Richards relates the following, "Abner Cole published his Palmyra Reflector in Grandin's print shop, which is also where the Book of Mormon was then being readied for publication. On 2, 13, and 20 January 1830 Cole included in his Palmyra Reflector portions of the first two chapters of 1 Nephi and also Alma 20. This violation of copyright troubled Joseph Smith. With the assistance of others, he managed to persuade Cole to cease the unauthorized printing of the Book of Mormon. The quarrel over this matter seems to have angered Cole, who had previously been rather neutral in his treatment of Joseph Smith" (Noel B. Reynolds, ed., Book of Mormon Authorship Revisited: The Evidence for Ancient Origins [Provo: Foundation for Ancient Research and Mormon Studies, 1997])
Cole ignored Joseph Smith's copyright:
"Hyrum and Oliver were vigorously opposed to Esquire Cole's printing of sections of the Book of Mormon. When Cole ignored their argument that they held the copyright and continued to print what he wanted, Hyrum and Oliver reported such to the Prophet's parents. Joseph Smith, Sr., immediately went to Harmony, Pennsylvania, and arrived back in Palmyra with Joseph the following Sunday. As soon as Joseph had warmed himself, he went to the printing shop where Mr. Cole was again working on his paper. When Joseph insisted that Mr. Cole not print anymore of the Book of Mormon, Cole wanted to fight him; but through patience and firmness, Joseph and Mr. Cole agreed to submit the matter to arbitration, where it was decided that Mr. Cole must stop his violation of the copyright." (The Dogberry Papers and the Book of Mormon by Russell R. Rich Fn, BYU Studies, vol. 10 (1969-1970), Number 3 - Spring 1970 319.)
It was the protection of US Copyright Law that allowed Joseph to prohibit the reproduction of the Book of Mormon text. Notice that this does not refer simply to chapters and headings, but to the actual text itself. When the copyright violator did not cease, the matter went to legal arbitration according to the law.
So, how did the church continue to treat copyright infringement?
"Within the city of Nauvoo, the picture appears to be one of relative calm and lawfulness. Although municipal court records are lacking, diligent searching of other documents for the seven years from 1839 to 1846 has discovered only a few more than the sixty-four "crimes" discussed in this article. Over half of those "crimes" were cases brought before the Nauvoo High Council, and most of them involved relatively minor offenses: swearing, drinking, a hymn-book copyright violation, taking fence rails, lying, real estate deceptions, slander, playing the violin, dancing, widow abuse, delinquency of debt, misappropriation of an axe, striking with a sword, "brickbatting," a house, and watermelon stealing, in addition to a few cases involving adultery and the unauthorized teaching of polygamy." (Crime and Punishment in Mormon Nauvoo, 1839-1846 by Kenneth W. Godfrey Fn, BYU Studies, vol. 32 (1992), Num. 1 and 2 - Winter and Spring 1992 219)
Notice the case of "hymn-book copyright violation". Some of the LDS hymns are copyrighted for protection and copyrights held by others are always respected. Consider this:
"A large part of the Choir budget is allotted to sheet music. "Our musical library is a major cost factor," said Brother Smoot. "Each piece of music has to be individually purchased. We honor copyright provisions, so we don't reproduce sheet music."" (Behind the Choir Scene , LDS Church News, 1990, 10/06/90 )
Here is the Official LDS Church policy as published:
"OFFICIAL POLICIES AND ANNOUNCEMENTS Date: 06/01/96 In addition to the ward choir, other choirs from the ward, including Relief Society, priesthood, youth, children's and family choirs may also be invited to sing. . . .Church members should strictly observe all copyright laws. Much music published by the Church can be copied freely and used in Church settings. However, music bearing the copyright notice of individuals or other agencies may not be duplicated without permission from the copyright owner, for example, "How Great Thou Art," (Hymns, No. 86) and "Because I have Been Given Much" (Hymns, No. 219). Violation of copyright laws can subject individual members and the Church to criminal and civil liability." (Official Policies and Announcements , LDS Church News, 1996, 06/01/96)
After the Book of Mormon was published and secured by US Copyright Law, how did the church continue to operate with regards to copyrights?
Foreign copyrights were secured:
"1841-February 8: With Heber C. Kimball, secures copyright to Book of Mormon at Stationer's Hall, London, in name of Joseph Smith, Jr, " (Wilford Woodruff, The Discourses of Wilford Woodruff, edited by G. Homer Durham [Salt Lake City: Bookcraft, 1969], vi)
"Saturday, 7.-Elder W. Woodruff visited the saints in London and secured the copyright of the Book of Doctrine and Covenants at Stationer's Hall, having published three thousand copies at Liverpool: he presented a copy to the Library of the British Museum. The copyright was secured in forty-eight hours after the last sheets were obtained from the printers; which defeated a secret plan of some of our enemies who were taking measures to print the book and secure the copyright."
-- Elder Parley P. Pratt's Letter to the Twelve in Nauvoo-Conditions in New York City, Joseph Smith, History of The Church of Jesus Christ of Latter-day Saints, 7 vols., introduction and notes by B. H. Roberts [Salt Lake City: The Church of Jesus Christ of Latter-day Saints, 1932-1951], 7: 426
"Monday, 10.-I spent the day with Elders Heber C. Kimball, Willard Richards and George A. Smith revising Church History; several of the Twelve and others called in the afternoon; we consulted on the subject of purchasing the copyright of Mother Smith's History; and concluded to settle with Brother Howard Corayfn for his labor in compiling the same."
-- Joseph Smith, History of The Church of Jesus Christ of Latter-day Saints, 7 vols., introduction and notes by B. H. Roberts [Salt Lake City: The Church of Jesus Christ of Latter-day Saints, 1932-1951], 7: 519.)
"I entered the work at Stationers' Hall, London, and secured a certificate of the entry of the copyright, which secures unto us the right of printing it throughout the British dominions, notwithstanding the plots laid by some of our enemies in secret chambers in the city of Pittsburgh, to rob the church of the copyright of that book by entering it before me. "
-- A Visit To London, Birmingham, and the Potteries., Latter-day Saints' Millennial Star, vol. 6 (June 1845-December 1845), No. 3. July 15, 1845. Vol. Vi. 39.)
Copyright acquisition was directed by Brigham Young:
"You will please call at Stationer's Hall, London, the first opportunity, and get or by some means procure a copy of the 'copyright of the Book of Mormon' and safely keep it until further notice. " (Letter from Brigham Young to Wilfred Woodruff, Joseph Smith, History of The Church of Jesus Christ of Latter-day Saints, 7 vols., introduction and notes by B. H. Roberts [Salt Lake City: The Church of Jesus Christ of Latter-day Saints, 1932-1951], 7: 373.)
Maps and other works were also secured under copyright law (in the US and abroad):
Richards filed for the map's copyright on behalf of Joseph Smith in Illinois District Court in Springfield on December 17, 1842."
-- Picturing the Nauvoo Legion, BYU Studies, vol. 35 (1995), Number 2--1995
"During that year I published three thousand copies of the Doctrine and Covenants, and secured the copyright in London, being the first European edition, three thousand Hymn Books and twenty thousand copies of the proclamation of the Apostles. "
-- Contributor, vol. 10 (November 1888-October 1889), Vol. X. February, 1889. No. 4. 147
So, how did church members and officials respond to copyright law and new international laws?
"The passage by the House of Representatives of the International Copyright bill, a few days ago, was an event of great importance. It will now become law, and the struggles of nearly fifty years, by those who have felt the shame of pirating the best thought and often the life time labor of European authors will be crowned with victory. Though so long coming, it is the sign of a good heart and awakened conscience that this sentiment of justice has at length prevailed. The objection to granting the protection of copyright to foreign authors has been sustained by the mistaken belief that the piracy of their writings was essential to cheap literature in our own country. If this had been true it would be infamous to take advantage of it; but as it is not, it becomes not only infamous but ridiculous to persist in a course of injustice to the writers of other nations. We are glad that our nation has reached the end of that course." (REMINISCENCES OF WILLIAM C. STAINES, Contributor, vol. 12 (November 1890-October 1891), Vol. Xii. February, 1891. No. 4. 121.)
What about copyright law for literary works? Notice that it says, "the laborer will receive his compensation, and the writing of books be encouraged":
"Shall we have international copyright? That is the question that agitates the authors. At present, the situation is about as follows: Each country protects its own writers, composers, and artists, in the enjoyment of the fruits of their labor, but does not extend its protection to aliens. It results that the people of Europe have helped themselves to American works of literature and art, and, which is incomparably more important, Americans have not scrupled to duplicate the rich products of European minds. The importance of the question is understood when we contemplate the extent to which this literary piracy is carried on, and the number of foreign books we read which do not realize one cent to the authors, except when the piratical publisher may elect.
"Dickens, Thackeray, Hugo, have not received a cent's tribute from America for their superlative novels, nor have Gilbert and Sullivan nor Wagner for their musical works, nor Sardou for his dramas, nor Munckacsy, nor Millais for their paintings. It is wrong, and Congress is relied upon to remedy it. If remedied, books will be higher, but the laborer will receive his compensation, and the writing of books be encouraged. " (Contributor, vol. 9 (November 1887-October 1888), Vol. Ix. March, 1888. No. 5)
Here is an LDS Church statement at the Parliament of Religions by B.H. Roberts:
""Among the great themes which the congresses are expected to consider are the following: the grounds of fraternal union in the language, literature, domestic life, science, art, and civil institutions of different peoples; the economic, industrial and financial problems of the age; educational systems, their advantages and their defects, and the means by which they may best be adapted to the recent enormous increase in all departments of knowledge; the practicability of a common language for use in the commercial relations in the civilized world; international copyright and the laws of intellectual property and commerce; immigration and naturalization laws and the proper international privileges of alien governments and their subjects or citizens; the most efficient and advisable means of preventing or decreasing pauperism, insanity and crime, and of increasing productive ability, prosperity and virtue throughout the world; international law as a bond of union and means of mutual protection, and how it may best be enlarged, perfected and authoritatively expressed; the establishment of the principles of judicial justice as the supreme law of international relations and the general substitution of arbitration for war in the settlement of international controversies."" (The Church of Jesus Christ of Latter-Day Saints at the Parliament of Religions. by B.h. Roberts., Improvement Era, 1899, Vol. Ii. June, 1899. No. 8.)
Even in the early 20th Century, the church reaffirmed its ownership of copyright:
"The band together with the emblems, Bee-Lines, and Honor Badges are copyright and cannot be duplicated or made by any other company." (Bee Hive Girls, Improvement Era, 1937, Vol. Xl. April, 1937. No. 4.)
Like most other LDS authors, even Lucy Smith held copyrights:
"A summary of Lucy's opinions concerning family solidarity for the "Cause of Zion" is made clear in her application for copyright of her book in 1845" (Sons of the Martyrs' Nauvoo Reunion-1860 by Buddy Youngreen Fn, BYU Studies, vol. 20 (1979-1980), Number 4 - Summer 1980)
Emma Smith retained copyrights after the Prophets death:
"At the death of Joseph Smith the manuscript of his Bible translation became the possession of his widow Emma Smith, and still later it became the property of the Reorganized Church of Jesus Christ of Latter Day Saints. Beginning in 1867 that organization published several editions of the Joseph Smith Translation and it currently holds the legal copyright. " (Robert J. Matthews, A Bible! A Bible! [Salt Lake City: Bookcraft, 1990], 90)
An interesting statement regarding copyright infringers being referred to as "Pirates":
"English writers were also read because, without international copyright laws, it was cheaper for American publishers to pirate foreign books than pay royalties to American authors. " (George W. Givens, In Old Nauvoo: Everyday Life in the City of Joseph [Salt Lake City: Deseret Book Co., 1990], 254 - 255)
Finally, an article in the LDS Church News regarding copyright infringement:
"COPYRIGHT INFRINGEMENT IS DISHONEST Date: 08/19/95 People who would not think of stealing money or goods sometimes have no qualms about stealing "intellectual property," said Elizabeth W. Pierce at a workshop question-answer session on copyright laws. Sister Pierce, a paralegal who worked nearly 13 years for the Church Copyrights and Permissions office, said, "Photocopying music without permission is dishonest and illegal; it is an infraction of federal copyright law. "Here are some of the questions and her responses from the session. May one make a photocopy of sheet music to mark up for analysis or, for example, give director's cues in performance, thus preserving a clean, archival copy of the music? For the purpose of scholarship or analysis, one may make a copy, so long as the copy is not shared with others.Do copyrights last indefinitely? No, copyrights expire. If a work was copyrighted before March 1, 1978, the duration is 28 years, renewable for 47 years, totaling 75 years as a rule of thumb on any work copyrighted prior to that date. After that date, the duration is the life of the author, renewable for 50 years. For works copyrighted by companies, the duration is 75 years.What is the liability for copyright infringement? The civil liability is up to $100,000 for each infraction. Thus, illegally copying music for use in a ward choir, for example, could easily bring a lawsuit for millions of dollars. Through a legal doctrine called "vicarious liability," the choir director, stake president and the Church could become embroiled in the lawsuit. Thus, it is absolutely necessary that Church members scrupulously observe copyright laws. What music in the Church hymnbook may be copied?Each hymn carries a notice at the bottom of the page as to whether it may be copied "for incidental, noncommercial church or home use" or whether copying is prohibited without permission. If there is no such notice, the hymn is in the public domain and may be freely copied." (Copyright Infringement Is Dishonest , LDS Church News, 1995, 08/19/95)
So, I guess this gives a good overview of some of the church's copyright issues. Copyright Law has been deemed necessary because some people would like to take intellectual works and creations and use them without the permission or recompense to the author/creator. These laws are neither moral nor immoral, but are put in place to govern those who don't respect the author's inherent rights. In 'Zion', these laws may become unnecessary, but they will probably not be banned. Respecting the wishes of our fellow men will probably be the norm.
Today, it is precisely through copyright law that OSS, GPL, etc. are able to go forward. In our desire for 'freedom', lets not forget the laws and rights that have allowed us to establish such a tremendous society, foster creativity, produce such wonderful innovations, and become free.
Another Opinion
While I agree that breaking any law is dishonest and should not be condoned, I do feel that there are some aspects of copyright and alleged "intellectual property" that should be offered as an alternate view to the above.
I have asked several times for scriptural evidence that ideas are property, or that "intellectual property" is a natural right. I have yet to see any.
Copyright laws are a trade-off. We give up a little bit of freedom to encourage authors and inventors and give them financial incentive to create. Making laws does not make a natural right.
If there was a law that all butter should be green, it wouldn't change the fact that butter is naturally yellow. There are those who believe that because there are laws that treat ideas and expressions as property, then it must be so. These people generally believe that anything they create is theirs for unlimited control in perpetuity.
Current copyright law has swung too far from balancing the rights of society vs. the rights of authors and inventors. Mickey Mouse laws and eternal copyrights do not fit the constutional idea of a "limited monopoly."
Just because we have copyright laws, and Joseph Smith was commanded to use them doesn't mean that the RIAA is always morally correct or every click-thru or shrink-wrap license is ethical and enforcable. It doesn't mean that I don't have the right to edit movies for my kids or pay someone else to edit movies I have purchased. I can mark out swear words in books I own. I can loan books to a friend and check out books at a library. Current lawsuits and propaganda campaigns trying to present these behaviors as unethical or illegal (and they all exist) are just wrong. The fact that Joseph Smith and the Church use copyrights doesn't mean that copyrights can't be abused.
Yet Another Opinion
There seems to be a discrepancy between the original post and the previous "Another Opinion." The previous post describes the Church's efforts to secure and protect their copyright privileges. The "Another Opinion" seems to believe that the Church's copyright extends to what they do with their copy of a book, music, or video.
Whether we like it or not, everything an individual does is (a) potentially valuable and (b) potentially abusable. Laws such as copyright are designed to protect a person's ability to profit from their creativity and not be harmed by it. In other words, you can't profit from my creativity (in context, you can't make a copy of The Book of Mormon and sell it for your own profit without the permission of the Church), nor can you hurt me through my creativity (in context, you can't make a copy of The Book of Mormon, change some of the words, republish the book, then claim that Joseph was a false prophet. Sound familiar?)
What an individual does with his or her copy of a protected work, so long as their action does not violate the rights of the copyright owner, is their own business. If you want to edit your video's nude scenes, blacken your book's swear words, or rip your CD so you can edit out an offensive lyric --- go right ahead. If you want to burn your legally acquired copy of The Book of Mormon, go ahead, what you do with your copy is your business.
One the other hand, do you want to resell your edited video? That's not your right. CleanFlicks lost their lawsuit for a reason --- and it's little wonder that the owners of the videos didn't want their creations edited. If you're not thinking about Martin Harris and the 116 pages, you should be. It's a similar problem. It's a good thing the Lord knows more about the need to protect creative works than the members of the Church or we would have suffered the same fate that the movie producers suffered --- edits without permission.
If you don't think copyright laws are fair, or that a creative work should be treated as inherently protected, then remember one of my favorite verses from Luke: "The worker is worthy of his hire" --- whether he's digging a ditch or writing a book.