Copyright Fact and Fiction

Hundreds of Bibles by kahunapulej
Hundreds of Bibles, a photo by kahunapulej on Flickr.

In the process of securing permission to publish translations of the Holy Bible and portions thereof, I have had to study some copyright law in detail. I’m not a lawyer, but I can read English and understand some complex issues. I recommend that you check my assertions against the actual law and/or get competent counsel from a real legal expert who specializes in intellectual property law before acting on what I say. If you find an error in this article, I invite your correction.

Fiction: Copyright can be renewed indefinitely.
Fact: All copyrights expire and the protected work enters the public domain at that point. Exactly when that happens depends on when and where it was published, when it was created, and if the copyright is owned by a corporation or individual(s). Anything published in the USA before 1923 is in the public domain, now. Current copyright law provides a longer period of validity than earlier laws, but it is still finite and copyrights still don’t last forever. Anything published in the USA today for the first time will enter the public domain 70 years after the last surviving author dies, or for work for hire by a corporation, 95 years from this year. For details, please see http://www.copyright.gov/title17/92chap3.html and http://copyright.cornell.edu/resources/publicdomain.cfm. Some people claim that the Crown Patent on the printing of the King James Version of Holy Bible is a non-expiring copyright, but it isn’t a true copyright and has no effect in most of the world. It is also doubtful that it has any effect on digital editions of the KJV Bible. If you live in Great Britain and have doubts, see if you can find someone who knows for sure.

Fiction: Converting a work to another format merits a new copyright claim.
Fact: Copyright only protects substantial creative works. Typing the contents of a book into a text file is work and it is tedious, but it is in no way creative. This is true even if some sort of standard markup is applied to indicate the structure of the printed book. An example of the law working this way is a decision that merely arranging names and telephone numbers in alphabetical order does not merit copyright protection, thus invalidating copyright claims on the main part of telephone books. So, if you convert the Latin Vulgate to USFM, using hours of your time laboriously inserting markers, don’t expect to win a lawsuit against anyone who copies that work without your permission.

Fiction: Copyright can be extended by revising a work.
Fact: If the revision amounts to a substantial creative work, such as a language update, adding new material, and such, a new copyright can be claimed on the new revision, but the original, unrevised work will still expire at the same time as it would have before the revision was made.

Fiction: A publisher must be listed as the copyright holder.
Fact: Nothing in the copyright law requires such a transfer. All that is required is that the copyright owner grants permission to publish to the publisher. The normal means of doing so is via a contract. It is also possible to transfer ownership of a copyright. In that case, the copyright becomes the property of the new owner, and the original owner no longer owns the copyright. Increasingly common practice among authors and publishers is to never transfer the actual copyright, but only selected rights associated with the copyright. The verso page of a modern book will often list the author as copyright owner, and have a separate statement of who the publisher is, with still another statement of who to contact for permission to make copies of all or part of the book (i. e. to quote a portion in another book).

Fiction: Copyright just applies to a particular form or expression of a work, like a single printing of a paper book.
Fact: Copyright means that the copyright owner has rights to allow or disallow copies in any format, including digital, printed, etc. See the definition of “copies” in http://www.copyright.gov/title17/92chap1.html for a very emphatic, watertight definition of anything that could possibly be a useful copy in any format.

Fiction: Copyright can actually belong to someone besides the person, group, or corporation claiming copyright in a copyright notice in a work.
Fact: A copyright notice is a legal notice of who owns the copyright, with very specific rules about the format. Essentially, there are three possibilities: (1) the notice is present and correct, (2) the notice is present and incorrect, and (3) the notice is absent. Case (1) is good. Case (2) indicates theft, implicit transfer of copyright ownership, outdated copyright ownership information, or a printing error. Unless the notice in a work is publicly and vigorously contested, the effect is one of implicit copyright ownership transfer, reducing this to case (1) either intentionally or otherwise. Copyright notices should be taken seriously, because the general public will assume that the notice is accurate. Case (3) is allowed under current copyright law, and is preferable to an incorrect notice, but makes defending a copyright more difficult. Case (2), when allowed to persist uncorrected, makes defending a copyright claim nearly impossible.

Fiction: Copyright claims on Bible translations can prevent heretical translations.
Fact: Since the original manuscripts of the Holy Bible were written well before 1923, they are firmly in the Public Domain. A new translation is a new creative work, and the more it differs from other translations, the less likely a claim of copyright violation against an existing translation can succeed. At a minimum, a translation need only differ from another translation as much as current translations differ from each other. Indeed, the more heretical, the more creative, the better under copyright law, at least with respect to overthrowing an attempted copyright infringement lawsuit. Orthodoxy is not nearly as creative, but it is preferable for some very compelling reasons that have nothing to do with copyright law. Of course, there is a HIGHER LAW concerning God’s Word, and the consequences of violating God’s Law are potentially much more serious than anything copyright law can offer. Copyright law and treaties are ignored in significant portions of the world, and enforcement may be technically possible but extremely improbable, so what “protection” is there is marginal, at best. The best you can do with copyright as a form of “protection” of God’s Word is to sue someone who makes a few simple but heretical changes to a translation you own the copyright to.

Fiction: A Public Domain work can be licensed under a Creative Commons or Open Source license.
Fact: “Public Domain” is the opposite of copyrighted. It means that a work is not copyrighted. Without a binding copyright, Creative Commons and Open Source licenses are meaningless, and cannot be enforced, because they rely on the fact that the licensed work is copyrighted. (So don’t bother suggesting that the World English Bible or the American Standard Version be licensed under a Creative Commons license.)

Fiction: There is no copyright law in Papua New Guinea (or another country)
Fact: Although there was a short time after PNG independence before a copyright law was passed and international treaty signed, that is no longer true. Even a new country like Kosovo has a copyright law.

Fiction: Copyright law is clear and consistent.
Fact: Copyright law leaves a lot to the imagination and the discretion of judges and certain administrative offices. Copyright law and respect for the same varies by country and region, even though international treaties provide some consistency and international protection. For example, the “fair use” doctrine in the USA is nice, if somewhat fuzzy as to how much of an excerpt is protected, but Australian law has no such clause.

You can read more about copyright… much more… at http://www.copyright.gov/.

Sleeping Coconuts

Coconut Tree by kahunapulej
Coconut Tree, a photo by kahunapulej on Flickr.

The flight attendant looked at me, wondering why my eyes were watering. I asked for a soft drink, and continued reading Sleeping Coconuts. Macho or not, I think a few tears is a normal reaction to being freshly reminded of such intense disaster affecting close friends.

Our friends, John and Bonnie Nystrom, wrote a book about their adventures in Bible translation. Apparently, Bible translation in Papua New Guinea is not for whimps. This is a story of God’s grace, and His awesome ability to once again bring great good out of terrible tragedy. You might think that Bible translation sounds like a lot of detailed language work, with day after day of language learning, translating, and checking your work. It is, actually. It also involves a lot of support work (like I do). But there is also a serious element of spiritual warfare and a need for the kind of endurance that only God can empower you with.

This book is about real life with real people (most of whom Lori and I know) and real victory in Jesus Christ. I heartily recommend it. You can get a copy of Sleeping Coconuts from Amazon in paperback or Kindle format at mpj.cx/buyscb.

A miracle of slow healing

Kodiak departing Uvol by kahunapulej
Kodiak departing Uvol, a photo by kahunapulej on Flickr.

I just read again about a dear friend of mine, Steve, returning to service as a missionary pilot in Papua New Guinea. This is an awesome miracle, really. It may not seem to be spactacular, or quick as we would like it, but it is nonetheless awesome and a reflection of a serious servant of the Most High God.

Now, for the rest of the story.

Steve was riding his motorcycle between Ukarumpa and the Aiyura airstrip in Papua New Guinea– a curvy dirt road that I’m very familiar with. It was my daily commute for a few years, by foot, bicycle, truck, or van. One day a PMV truck went way too fast around a blind corner on the wrong side of the road and smashed into him. The guilty driver ran away, abandoning the truck, and was never seen again. Broken bones, bruises, abrasions, and more threatened his life. Normal people die on impact with a truck like that, but somehow the Lord softened the blow just enough. Somehow, he was gathered up alive and flown straight to Cairns, Australia, nursed back to health. Months later, he actually was healed enough to pass a flight physical. He returned to his job, but his wife and he agreed that he shouldn’t commute by motorcycle any more. (It could be worse– going by bicycle or foot, like me, but he rode the Aviation department van, instead.)

Enraged that he failed to take the missionary pilot out, the enemy tried again.

Steve was in the left front seat of a van full of missionaries, mostly short termers. Another good friend of mine was in the right front seat, driving. (Yes, we drive on the left side of the road in PNG and the steering wheel is on the right.) Instead of a little local road, they were on the highlands highway, heading up the infamous Barola Pass. On a blind corner, they met a huge semi-trailer truck loaded with heavy steel pipe, coming way too fast down hill on the wrong side of the road (dodging a pot hole). Wham! There was no way to dodge the truck. No way. Conservation of momentum was NOT on their side. The truck driver abandoned his vehicle and ran away, never to be seen again. (Understandable, since bystanders probably would have killed him for that.) By the time some of them regained consciousness, one of them, a short term missionary with no language or culture knowledge to speak of and serious injuries, had been taken to the Kainantu “Hospital” by a well-meaning passerby. One of them radioed for help, and our center sent both helicopters, both doctors, and a few others. The auto shop staff took off by land to help. It took a long time and a lot of cutting of steel to get Steve out. His legs were smashed like so much spaghetti in wrinkled metal. The helicopters kept shuttling people back to our hanger, where triage took place. The worst cases were sent to Cairns on our own aircraft. The next worse were sent on another air ambulance. No more air ambulances. We did what we could. At one point, Steve’s wife was almost sent to a PNG hospital, based on the fact that the doctor didn’t think she would survive all the way to Australia… but just as he was saying that, her blood pressure came back up, color returned to her face, and the doctor sent her with her husband to Cairns.

None of them died. The misplaced passenger was retrieved.

Steve’s x-rays looked like a jigsaw puzzle that had been manhandled by a toddler and fed to the dogs. It took months of prayer, surgery, external frameworks holding bones in place, etc. Finally, Steve was released. He could walk, barely. But the doctors in Australia seriously doubted that he would ever pass a flight physical again, because he didn’t have full control of his feet, and didn’t see how that could happen. But God did.

Steve kept praying and trying to walk, run, and work that foot. God answered prayer. Again.

God wins. Steve wins. The Bible translators in Papua New Guinea that get flown around the country doing their jobs win. Glory be to God!