1. On September 22nd, 1987, Mary Baker Eddy's "little book," Science
and Health with Key to the Scriptures, emerged from under its unconstitutional
copyright -- Private Law 92-60 -- an attempt by the Board of Directors of the Christian
Science Church in Boston to copyright all 431 editions of the textbook to remove
them from the public domain, since Mrs. Eddy copyrighted Science and Health for
the last time in 1906.
2. The authentic 1910 edition by Aequus Institute gives
the date of its first one hundred-year anniversary edition in 1975 and the prior
copyright dates of 1890, 1894, 1901, 1902, 1906.
3. After her last copyright
in 1906, Mrs. Eddy made many significant changes that had no copyright restrictions
on them at all.
UNCONSTITUTIONAL 1971 COPYRIGHT ACT
4. Prior to 1906,
Mrs. Eddy had always copyrighted each edition in which any extensive changes were
made, regardless of the date of her last copyright.
5. She copyrighted Science
and Health in 1875, 1878, 1883, 1885, 1890, 1894, 1901, 1902, 1906, so why did
she not copyright the extensive changes made after the second edition in 1907 since
she tells us that "spiritual ideas unfold as we advance" -- and after her
second edition in 1907 many changes of great import culminated in the textbook's
scientific statement and proof.
6. The finished and final revelation of Christian
Science was not set forth in the 1906 edition. Fourteen more editions were required
to bring out the final revelation.
7. Mrs. Eddy speaks of her first edition
dated 1875 as having been revised only to give a clearer and fuller expression to
its original meaning. But it took the unfoldment of all 432 editions to make the
pure Science of Christian Science clear to humanity in such a form and manner that
would enable it to be taught as are music and mathematics now taught. A vital part
of this discovery came after 1907.
8. A science does not, cannot be copyrighted.
And Mrs. Eddy wrote that "Christian Science is not copyrighted."
9.
Since Mrs. Eddy made no arrangements to copyright the major developments that came
in the last fourteen editions after 1907, it is evident that she wanted Science and
Health to be in the public domain at the earliest possible time.
10. According
to the Appendix of Helen Wright's book, America Cradle for the Second Coming of
the Christ, United Christian Scientists, Inc. challenged The Christian Science
Board of Directors of The Mother Church on the constitutionality of the copyright
of Science and Health which the board had obtained.
11. This case, No.85-5959,
Civil Action No. 83-03486, was argued before the United States Court of Appeals for
the District of Columbia Circuit on May 28, 1986, and was decided on September 22,
1987 when Chief Judge WALD ruled in favor of the Plaintiff, UCS, Inc., as follows.
J
U D G M E N T
This cause came on to be heard on the record on appeal from
the United States District Court for the District of Columbia and was argued by counsel.
On consideration thereof, it is ORDERED and ADJUDGED, by this Court, that the judgment
of the District Court appealed from in this cause is hereby affirmed, in accordance
with the Opinion for the Court filed herein this date.
Per Curiam For The
Court George A. Fisher clerk Date: September 22, 1987 _______________________________________________________
Opinion
for the Court filed by Circuit Judge ROBINSON, Circuit Judge: At issue in this case
is the constitutional validity of Private Law 92-60, which grants appellant, Christian
Science Board of Directors of the First Church of Christ, Scientist (First Church),
an extended copyright on all editions of Science and Health with Key to the Scriptures
(Science and Health), the central theological text of the Christian Science faith.
Appellees, United Christian Scientists and David James Nolan and Lucile J. Place,
two officers of a dissenting group of Christian Scientists, challenge Private Law
92-60, on grounds that it violates the Copyright Clause of the Constitution and the
Establishment and Free Exercise Clauses of the First Amendment thereof. Finding that
both the purpose and the effect of Private Law 92-60 were to aid religion, the District
Court held that it contravenes the Establishment Clause. We conclude that Private
Law 92-60 offends fundamental principles of separation of church and state, and accordingly
affirm.... (last two pages as regards special copyright law, Private Law 92-60 rendered
in 1971) ....therefore, First Church has acquired full dominion over public access
to Science and Health. Congress has bestowed upon the Church not only a symbolic
recognition as guardian of the text, but also significant practical advantages in
that role. In conferring these benefits, Private Law 92-60 has the unmistakable effect
of advancing the Church's cause. The Establishment Clause precedent amply indicts
governmental involvement in sectarian affairs of this sort. As the Supreme Court
has taught, an important concern of the effects test is whether the symbolic union
of church and state effected by the challenged governmental action is sufficiently
likely to be perceived by adherents of the controlling denomination as an endorsement,
and by the nonadherents as a disapproval, of their individual religious choices.
In the case at bar, the impermissible message of sectarian endorsement and the correlative
message of sectarian disapproval are not merely possibilities, but accomplished and
formally attested facts. The judgment appealed from in this case (freeing the textbook
Science and Health with Key to the Scriptures from ecclesiastical control) is
accordingly Affirmed..