God commands Christians to store up “treasures in heaven, where neither moth nor rust destroys, and where thieves do not break in or steal, for where your treasure is, there your heart will be also.”  (Matthew 6.20-21)  Christian writers must never forget the obligation to “seek first His kingdom and His righteousness,” but should remember that Matthew 6.33 continues, “and all these things will be added to you,” with “these things” referring to the provision of earthly needs.  Creative works produced to advance the kingdom of God can provide earthly returns without violating the will of God.  On the contrary, Deuteronomy 8.18 states that God gives us power to make wealth, in order to confirm His covenant and Proverbs 12.14 instructs that “a man will be satisfied with good by the fruit of his words, and the deeds of a man’s hands will return to him.”

While Christians, particularly Christian writers and artists, must remain vigilant against the temptation to become “spotted” by the world, the scripture supports Christians using copyright law to protect and benefit from their creative works.

Copyright law confers a set of specific rights on the copyright owner (also called the copyright holder).  The law says that these rights are conferred on the “copyright holder” rather than the “creator” because the creator of a copyrighted work may sell some or all of his or her rights to another person, who then becomes the legal owner of the purchased portion of the rights.  Writers and artists should understand the nature of their rights in order to better understand how to protect and benefit from their copyrighted works.

Statutory duration of copyright

A copyright lasts for a limited period of time.  Once the term of the copyright expires the work becomes part of the public domain and is generally available for public use (with proper citation and attribution).

The copyright term recognized by U.S. law differs depending upon the nature of the copyright holder.  If the copyright holder is an individual the copyright generally lasts for the life of the author plus seventy years.  This gives both the author and his or her heirs the opportunity to protect and benefit from the work.  Corporate copyrights (which may be held by a corporation or other business entity) last for a maximum of ninety-nine years.  Copyright terms begin on the date a work is created, as opposed to the date of publication, performance or presentation.

Legal defenses and Christian representation

The rights of copyright holders discussed below are subject to a number of legal defenses and are not absolute.  Copyright holders should generally consult an experienced attorney about intellectual property issues rather than attempting to enforce their own rights.  In some situations a Christian attorney specializing in copyright issues may be able to resolve potential infringement issues without resorting to the court system by using the principles outlined in Matthew 18.  Christian writers and artists seeking to utilize these methods should discuss this option with their attorneys before problems arise to ensure their attorneys are also committed to Biblical principles of business and dispute resolution. 

Rights conferred by copyright

Control over copying, distribution and sales. 

With limited exceptions, only the copyright holder may create, distribute or sell copies of the copyrighted work.  This includes control over copies which change the form of the original work.  For example, someone who copied blog content without the blogger’s permission and read it aloud on the radio or created a CD-ROM containing the blog entries would be violating the blogger’s rights to his or her original copyrighted material.  The copyright holder may even prevent copying, distribution and sales of material or substantial portions of a copyrighted work.  The “fair use doctrine,” discussed in next week’s blog entry, creates the major and often extensive exception to this right.

Control over copying does not include control over the independent creation of substantially similar works.  Two people may simultaneously create remarkably similar works despite each having no knowledge of the other’s work or existence.  In this situation each individual may copyright his or her own independently created work.  Neither author may prevent publication or use of the other’s creation.

Control over derivative works.

Derivative works are subsequently created works based on an original but produced in a different form or with altered content.  Sequels are derivative works.  Novels based on motion pictures and film scripts based on novels are also examples of familiar derivative works.  Essentially, anything which is based upon or uses content from a prior work is considered a derivative.

Derivative works are eligible for full copyright protection, but cannot be created without the permission (often in a specialized form called a license) from the person or people who hold the copyright on the original work. 

The law does not require permission for the creation and copyright of derivative works based upon works in the public domain.

Control over performance and display.

The copyright holder has the exclusive right to publicly perform or display copyrighted works.  Showings of works which move or contain movement, such as motion pictures, dances or readings of written works, are considered performances while showings of works which remain still, such as photographs, are considered displays.  “Public” means performance or display which is open to the public or which takes place in a place open to the public, even if the actual performance or display occurs in a back room or at an “invitation only” event to which admission is limited.

Moral rights.

Moral rights include the right of the copyright holder to have his or her name associated and published with the copyrighted work (in publishing, this is often called the right to a byline), to prevent the association or publication of his or her name with works the author did not create, and the limited right to prevent modification, distortion or mutilation of his or her copyrighted works. 

Although these rights often receive less public attention than others they take on greater concern for Christian authors and artists seeking to advance and glorify the kingdom of God in their work.

© 2005 Susan L. Spann

Questions about these or other copyright topics may be directed via e-mail or comment on this page.  I will attempt to answer questions with supplemental blog posts and entries posted at various times throughout the week