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Phoenix Journal 197 - Four Winds 10

Phoenix Journal 197 - Four Winds 10

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CHAPTER 9<br />

EDITORIAL FORUM<br />

WALKING THE WALK BEYOND<br />

SIMPLY TALKING SOME TALK<br />

Editor’s note: While providing room (starting on p.2), in this week’s CONTACT to air the righteous<br />

indignation of several readers from afar, members of the team nearby requested a chance to express<br />

their views about our current legal storms, from more of a position “on the firing line”.<br />

Viewed from a perspective which takes in the Larger Picture, it certainly appears there is, as one<br />

reader put it in her letter, a “conspiracy” afoot amongst several ready puppets of the dark forces,<br />

out to attack those who contribute to this beacon of Light. You discern and sort for yourselves,<br />

from these first-hand accounts, those who really walk THE walk—beyond simply talking some talk.<br />

Indeed, God wins in the end, but nobody said the battle would be dull!<br />

COPYRIGHTING THE WORKS OF GOD<br />

by Ray Bilger 2/9/97<br />

The word plagiarism is defined in Black’s Law Dictionary, 4th Edition (1951), at page 1308, as “The act<br />

of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or<br />

language of the same, and passing them off as the product of one’s own mind.”<br />

The need for laws to protect one’s own literary work no doubt arose because of the greedy nature of some<br />

people to take the work of someone else and then appropriate it for themselves. If you were to tell a friend<br />

about an idea you had for writing a story and then shortly thereafter you saw your story idea in print under<br />

the authorship of your friend, you would be justified in feeling that your friend had stolen your idea, and you<br />

would probably no longer consider them to be a friend.<br />

The Founders of America and the Framers of her Constitution no doubt understood this problem when<br />

they incorporated the provisions for protection of same in the Constitution at Article I, Section 8, Clause<br />

8, which states, “The Congress shall have the power to promote the progress of science and useful arts,<br />

by securing for limited time to authors and inventors the exclusive right to their respective writings and<br />

discoveries.” The purpose of the Clause, as well as the extent and the manner in which it is to be applied,<br />

are the source of continuous debate.<br />

The Supreme Court stated in 1984, in the case of Sony Corp. v. Universal City Studios, Inc., <strong>10</strong>4 S.Ct.<br />

774, 782, that a copyright “is intended to motivate the creative activity of authors and inventors” and at the<br />

same time “to allow the public access to the products of their genius...” Thus, the Congress, in passing<br />

copyright legislation, did promote the progress of science and useful arts.<br />

In order to protect the literary expressions of authors and at the same time to promote the discovery of<br />

new facts and information, copyright legislation drew a clear distinction between fictional and non-fictional<br />

writings. Title 17 U.S.C. Section <strong>10</strong>2(b), states in part that, “in no case does copyright protection for an<br />

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