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| ] ( |
] (''The Course'') is a book of spiritual philosophy and practice claimed to have been ], or "scribed", by New York psychologist ] and first published in 1976. It has since sold over one million copies worldwide and has been translated into over a dozen foreign languages <ref>{{cite web | ||
| | author =Garrett, Lynn | | author =Garrett, Lynn | ||
| | title ='Disappearance' Appears Big Time | | title ='Disappearance' Appears Big Time | ||
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| </ref>. The earliest versions were distributed without assertion of copyright. The legal dispute raised issues of copyright status which, while not a precedent, are informative. | </ref>. The earliest versions were distributed without assertion of copyright. The legal dispute raised issues of copyright status which, while not a precedent, are informative. | ||
| The issues of authorship and copyright status were the focal point of arguments during a lawsuit brought by ], the ] and the ], against ]. The judge decided that |
The issues of authorship and copyright status were the focal point of arguments during a lawsuit brought by ], the ] and the ], against ]. The judge decided that ''The Course'' is now in the public domain <ref> {{cite web | ||
| |url=http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-07413.PDF | |url=http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-07413.PDF | ||
| |author=U.S. District Court Southern District Of New York | |author=U.S. District Court Southern District Of New York | ||
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| }} | }} | ||
| {{verify credibility}} | {{verify credibility}} | ||
| </ref> In its response, Endeavor argued that the author is a divine being, and hence |
</ref> In its response, Endeavor argued that the author is a divine being, and hence ''The Course'' is uncopyrightable per the regulations of the US Copyright Office. In response, the plaintiffs maintained that Helen Schucman was the author. | ||
| Penguin and FACIM denied that |
Penguin and FACIM denied that ''The Course'' contains the words of Jesus, is a divine revelation, or is a modern day scripture. Helen Schucman is described as the author of the Course, not its scribe, and Jesus is not mentioned as having a role in the origin of the Course. | ||
| The case came to court in 2000 in front of Federal judge Robert Sweet. Oral arguments were heard on cross-motions for partial summary judgment. In its motion, the Church claimed that fraud was committed by not informing the Copyright Office of the true authorship; they also invoked ], based on the claim that for many years Jesus had been presented as the author, and prepublication, distributing copies without notice of copyright prior to any attempt to obtain a copyright. | The case came to court in 2000 in front of Federal judge Robert Sweet. Oral arguments were heard on cross-motions for partial summary judgment. In its motion, the Church claimed that fraud was committed by not informing the Copyright Office of the true authorship; they also invoked ], based on the claim that for many years Jesus had been presented as the author, and prepublication, distributing copies without notice of copyright prior to any attempt to obtain a copyright. | ||
Revision as of 01:03, 1 July 2006
A Course in Miracles (The Course) is a book of spiritual philosophy and practice claimed to have been channeled, or "scribed", by New York psychologist Helen Schucman and first published in 1976. It has since sold over one million copies worldwide and has been translated into over a dozen foreign languages . The earliest versions were distributed without assertion of copyright. The legal dispute raised issues of copyright status which, while not a precedent, are informative.
The issues of authorship and copyright status were the focal point of arguments during a lawsuit brought by Penguin Books, the Foundation for A Course in Miracles and the Foundation for Inner Peace, against New Christian Church of Full Endeavor. The judge decided that The Course is now in the public domain .
The case
In 1996, Penguin Books and Foundation for Inner Peace, which at that time asserted copyright later transferred to FACIM, sued The New Christian Church of Full Endeavor, sibling organization of the Endeavor Academy, for copyright infringement, asking for one million dollars in damages. In its response, Endeavor argued that the author is a divine being, and hence The Course is uncopyrightable per the regulations of the US Copyright Office. In response, the plaintiffs maintained that Helen Schucman was the author.
Penguin and FACIM denied that The Course contains the words of Jesus, is a divine revelation, or is a modern day scripture. Helen Schucman is described as the author of the Course, not its scribe, and Jesus is not mentioned as having a role in the origin of the Course.
The case came to court in 2000 in front of Federal judge Robert Sweet. Oral arguments were heard on cross-motions for partial summary judgment. In its motion, the Church claimed that fraud was committed by not informing the Copyright Office of the true authorship; they also invoked estoppel, based on the claim that for many years Jesus had been presented as the author, and prepublication, distributing copies without notice of copyright prior to any attempt to obtain a copyright.
Sweet rejected the first two claims, which went to the question of authorship, but ruled in favor of the last, which invalidated the copyright. This has been cited as an example of "holding that copyrighted work entered public domain where it was 'published without notice of copyright prior to copyright registration'", and was discussed briefly in a 2002 discussion of issues surrounding representation of overseas litigants in US courts .
References
- Garrett, Lynn (7 Mar2005). "'Disappearance' Appears Big Time". Publisher's Weekly. Retrieved 29 Jun2006.
{{cite web}}: Check date values in:|accessdate=and|date=(help) - Foundation for Inner Peace. "Language Editions of ACIM". Retrieved 27 Jun2006.
{{cite web}}: Check date values in:|accessdate=(help) - U.S. District Court Southern District Of New York (1996). "Penguin Books U.S.A., Inc., Foundation for "A Course in Miracles, Inc.", & Foundation for Inner Peace, Inc., Plaintiffs, against New Christian Church of Full Endeavor Ltd., & Endeavor Academy Defendents. Case: Civil 4126 (RWS) Denial for Summary Judgment" (PDF). Retrieved 25 Jun2006.
{{cite web}}: Check date values in:|accessdate=(help) - U.S. District Court Southern District Of New York (1996). "Penguin Books U.S.A., Inc., Foundation for "A Course in Miracles, Inc.", & Foundation for Inner Peace, Inc., Plaintiffs, against New Christian Church of Full Endeavor Ltd., & Endeavor Academy Defendents. Case: Civil 4126 (RWS) Conclusion" (PDF). Retrieved 25 Jun2006.
{{cite web}}: Check date values in:|accessdate=(help) - Whitmore, Thomas E. "ACIM copyright -Time Line". Retrieved 25 Jun2006.
{{cite web}}: Check date values in:|accessdate=(help) - case description on Groklaw
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