Mormon Media Symposium: LDS copyright history
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A sign above some of the photo copiers on the Brigham Young University asks a profound, yet simple question: "Are you copy-righteous?"
Stephen McIntyre, J.D., M.A., from Duke University, addressed this important issue of copyright at the Mormon Media Studies Symposium on the BYU campus Friday, Nov. 12.
In a session about copyright law and the Church, both Brother McIntyre and Edward Carter, a lawyer and associate professor of communications at BYU, highlighted important events in the Church's copyright history and on the importance of copyright in keeping control of sacred texts.
Brother Carter illustrated that Mormon copyright was not about financial gain.
"Mormon jurisprudence, the theory and philosophy of law, is very inclusive and includes all truth," Brother Carter said. "It is inclusive instead of merely coherent, and does not include law or economics." Brother Carter presented his research gathered in London where he studied the copyright documents relating to the copyright on the Book of Mormon in Great Britain.
The registration of the copyright in Great Britain came to be in 1841 when Parley P. Pratt, Brigham Young and Heber C Kimball took five copies of the 1830-version of the Book of Mormon into Stationer's Hall in London.
"They went in through the front door, in a legal and upfront manner to get a copyright," Brother Carter said. "The Mormon view of copyright is a means to accomplish an end to disseminate the Lord's work."
Scholars have thought that American copyright law is insensitive to religion in many ways because of the desire to spread the word of God freely.
"The book copyright allowed its reproduction and distribution, which in turn facilitated the conversion of thousands," Brother Carter said. "Likewise, it is also true that the copyright registration of the Book of Mormon was one of the most unique and important events in the history of Stationer's hall."
The registration of the copyright of the Book of Mormon in Great Britain was done by George Greenhill, a clerk at Stationer's Hall.
Other books copyrighted by Greenhill that day included a book on a life story of a minister, books on arithmetic, philosophy, English grammar, the working of locomotives and a collection of Italian music and lyrics.
Brother McIntyre discussed more of his research that showed that throughout history, copyright was a way to guard Mormon texts from alteration by enemies.
"Copyright law had existed for 121 years by the year 1830," Brother McIntyre said. "It has been relevant for every Mormon text ever published."
Copyright law in the United States gives the copyright to the author. The law states that the copyright holder, the author, is the only person legally allowed to reproduce, display or perform the work. This right lasts the life of the author plus an additional 70 years.
Religious texts through the ages have challenged the basic tenets of copyright law.
Brother McIntyre discussed the issue of of works written by immortal authors; the author will live forever, so why shouldn't the copyright last forever as well?
The 70 years plus life of the author law does not seem to fit that scenario.
"Mormons take the integrity of their texts very seriously," Brother McIntyre said. "Whenever LDS copyright has failed, non-Mormons have twisted their publications to challenge the LDS teachings and authority."
His research showed that while the LDS efforts to sustain copyrights may seem defensive, it is not unreasonable when viewed with a historical perspective.
In the Book of Mormon Alma exhorted Helaman to take care of these scared things, [the records] and to preserve and protect them.
Mormon buried the plates in the Hill Cumorah in order to prevent both physical and figurative destruction to them.
Joseph Smith learned the perils of losing sacred writings when he entrusted the 116 pages to Martin Harris and they were lost. Evil men were able to lay a hold of them to twist their teachings to deceive and destroy.
"Any informed Mormonism student needs to know a little about copyright law and how it has affected Mormonism," Brother McIntyre said. "But also, remember that the scriptures counsel us to have temperance in all things" (Alma 7:23).

