[cc-community] CC licenses and recording rights for music
Gavin Baker
gavin at gavinbaker.com
Wed Dec 19 20:07:20 EST 2007
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drew Roberts wrote:
> I wonder why I have never seen the seperation of church and state issue
> brought up in relation to the government granting copyrights to works of a
> religeous nature...
The (U.S.) grants copyrights to works of a religious nature for the same
reason that churches are allowed to own land.
BUT, did you know: "The only copyright statute ever found
unconstitutional was found unconstitutional as a violation of the First
Amendment's Establishment clause"? (according to William Patry)
The bill was Private Law 92-60, signed by Richard Nixon in 1971. It
added 75 years to the copyright of one religious work, the book "Science
and Health with Key to the Scriptures" by Mary Baker Eddy. Eddy was the
founder of the Church of Christ, Scientist. It was overturned in 1985
(upheld by the appellate court in 1987).
(Coincidentally, the presiding judge in the court of original
jurisdiction was Thomas Penfield Jackson, who was later the judge in
U.S. v. Microsoft.)
Fun facts!
- --
Gavin Baker
http://www.gavinbaker.com/
gavin at gavinbaker.com
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