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Q. What is A Course in Miracles?
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Here is Kenneth Wapnick's description of A Course in Miracles, taken from Forgiveness and Jesus:
The Circle of Atonement Web page contains a more complete description of the material:
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| Q. What is the history of the Course? |
Books have been written which
describe the process of the scribing of the Course and its subsequent
evolution into what is now the book entitled A Course in Miracles.
A particularly succinct account is The Complete Story of The
Course by D. Patrick Miller. Miller describes how, in the
midst of an academic environment of "professional jealousy,
fierce competition and outright back-biting", Dr. William
Thetford decided he had had enough and declared to his colleague,
Dr. Helen Schucman, that "There must be another way, and
I'm determined to find it." Schucman vowed to help him.
What ensued was a dramatic progression of waking dreams for Schucman,
which culminated her experiencing a voice which spoke clearly
in her mind. With Thetford's support and assistance in transcribing
her shorthand notes, Schucman took down over seven years some
1,500 typewritten pages which became A Course in Miracles. |
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| Q. Who is the author of the Course? |
From The Circle of Atonement:
As is suggested in the quotation
above from the Circle of Atonement, A Course in Miracles
itself contains numerous references and suggestions that the
"voice" which spoke to Helen was indeed the voice of
Jesus. One student has identified 193 references in the Course
which are suggestive that the author is indeed Jesus. The most
compelling of these references
appears below. |
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| Q. When was the Course first published? |
Bill Thetford produced two carbon copies as he typed the original transcript, known as the "urtext". One of these he gave to an unnamed colleague at Columbia University. After the urtext was complete, Helen retyped it two times, removing material that was personal to her and Bill and inserting chapter and section breaks and titles. The result of the second retyping, completed in 1972, is sometimes referred to as the Hugh Lynn Cayce manuscript. Bill and Helen considered the work to be complete, and twelve copies copies were made of the manuscript, which contained all three books. In the months following the completion of A Course in Miracles in 1972, at least four people were given unrestricted copies, including Cal Thatcher, who was a close friend of Helen, and a Catholic priest named Father Michael, who was a student of Bill at Columbia, and Hugh Lynn Cayce, son of psychic Edgar Cayce. Kenneth Wapnick also received one of these early transcripts of the material. Judith Skutch was not to receive her copy until 1975, after Kenneth Wapnick had completed his revisions to the text. According to Miller,"Even before the Course was published as a book, thousands of people gained access to its message through photocopies, a modern complement to the 'word of mouth' by which ancient traditions were first disseminated." In Journey Without Distance,
Robert Skutch relates how, after receiving the manuscript
from Helen Schucman, Judith Skutch provided the 1,500 page document
to Jim Bolen, who made a photo copy. Despite the awkwardness
of this method, Robert Skutch reports that "Jim's copy started
to be reproduced. And those copies were then copied. And before
long there were over a hundred people in the San Francisco area
in possession of A Course in Miracles." Jerry Jampolsky
apparently received one of these copies, as he states in Out
of Darkness Into the Light. |
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The earliest distribution or "publication" of the Course transcript was evidently the several copies passed out by Bill Thetford and Helen Schucman in 1972. Later, after the original 1972 Hugh Lynn Cayce manuscript had undergone revision by Kenneth Wapnick, Judith Skutch received her copy from Bill's own hand, who said simply, "here you are; fifteen hundred pages. A Course in Miracles." when she asked whether the "confidentiality" of their meeting meant that she was not to show the Course to any of her friends, Bill replied, "No. We're sure the Course is not meant to be kept hidden. It's just that we don't want our names connected with it." Helen, who was also present at the time, added that it would be "Awkward" trying to explain to colleagues how it had come about. Ten days later, Judith was on a plane for San Francisco to begin the redistribution of the transcript through Jim Bolen and others as described above. These copies were distributed
in May-June 1975. Importantly, these copies were distributed
freely, without restriction and without any copyright notice.
It was not until the Criswell edition was later published, in
October 1975, that the copyright notice was belatedly added.
Under the copyright law as it existed in 1975, if publication
occurred by such distribution of copies without the statutory
"copyright" notice, the right to secure copyright was irretrievably
lost and the material entered the public domain.
See Circular 96,
reproduced in part below. In White
v. Kimmel, the Ninth Circuit Court of Appeals found that
a channeled work had gotten into the public domain (and could
not later be copyrighted) under a factual situation strikingly
similar to the early days of the Course. Nevertheless, FIP and
FACIM have consistently maintained that the copyright was legally
obtained, and they continue to assert the right to police and
control the Course community's use of the materials. |
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Q. What is the policy of the copyright owners as to use of Course references and quotations?
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Reportedly, FIP originally maintained a somewhat laissez-faire attitude toward unauthorized publication of Course excerpts and use of the name of the book in other publications or in association with other endeavors. More recently, however, as interest in the material has grown, FIP tightened its policy, and its official stance, announced in seven paragraphs on the FIP web site, is that "where use of A Course in Miracles material is more than 500 words and up to the maximum use of five percent (5%) of an author's manuscript or work allowed, prior to granting use permission the Foundation must first review a manuscript copy of the unpublished work" and a royalty agreement must be reached. The old FIP policy appears on a subsequent page. The copyright (and evidently the responsibility for policing the Course community's use of the materials) was transferred in 1999 by FIP to FACIM. FACIM, of course, is Kenneth Wapnick's teaching arm, which also maintains a web presence at www.facim.org. FACIM has tightened the pre-approval
requirements, eliminating the prior policy that permitted
"discretionary use" of no more than 300 words of A
Course in Miracles material in book-length works or review
articles. FACIM's new policy.
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Q. Why is there so much controversy around the copyright for A Course in Miracles?
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Recently, Foundation For a Course in Miracles ("FACIM") refused permission to Robert Perry to publish a new book that he has written which contains Course quotations and references. Robert Perry is a highly respected ACIM teacher and author who, together with Allen Watson, provides the Circle of Atonement web facility. A copy of the letter which Robert received appears below. Rev. Tony Ponticello, another dedicated and highly respected author and Course teacher who operates the Community Miracles Center web resource , also received a complaint from FACIM about his unapproved use of Course material and references, which is likewise reproduced below. In addition, a number of active Course writers and students have complained from time to time that they have received demands from Foundation For Inner Peace ("FIP") that they cease such activities as posting daily lessons or printing calligraphic works (such as appear on these pages) that contain brief quotations from A Course in Miracles. Val Scott,
a long-time Course student who frequently writes on Course-related
subjects, recently received a letter from an anonymous "ACIM
Correspondent" which states that it sought to "clarify"
FACIM policy regarding use of its trademark and copyright. Ostensibly,
the letter was sent to many students and teachers of the Course
"who maintain Web
sites or Internet discussion groups related to the Course."
Reportedly over 200 such anonymous letters went out in the name
of FACIM. A copy of the letter
to Val Scott is included elsewhere on this page. In an open letter published
in May 1997, Val had written Ken Wapnick and Judith Skutch urging
restraint in Course copyright/trademark matters. On Independence
Day 1999, Val again wrote to the Wapnicks in a letter entitled
"Forgiveness
is Always ...'A Better Way'," urging a speedy resolution
to this needless controversy. |
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Q. Are there really lawsuits among Course students/teachers? ![]() |
Yes, there have been and there
are. Reportedly, Marianne Williamson was threatened with a lawsuit
by FIP, but settled out of court before suit was filed by agreeing
to a royalty payment and making changes in her use of quotes.
Then, on June 6, 1996 Penguin Books USA and FIP brought a copyright
infringement suit against New Christian Church of Full Endeavor,
Ltd. (Endeavor Academy), seeking a multi-million dollar award
of damages. An action was subsequently brought by Endeavor Academy
seeking cancellation of the trademark that ACIM had obtained
for the designation "A Course in Miracles," the name
of the book. FIP sought to have the matter dismissed or, in the
alternative, suspended pending resolution of the suit in the
Southern District of New York, which is hearing the copyright
matter. Endeavor Academy's view
of the suit appears elsewhere on this page, and the status
of the copyright suit is discussed at the Academy's
web site.
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| Q. What about the trademark to "A Course in Miracles"? |
It has been settled law since
the Court of Customs and Patent Appeal's 1958 decision in Application of Cooper that
the title of a book is merely "descriptive" and therefore
not registerable as a trademark. Despite this ruling, FIP has
obtained (and subsequently transferred to FACIM) a trademark
registration for the designation "A Course in Miracles".
As noted above, Endeavor Academy is seeking cancellation of the
trademark registration in a federal lawsuit. Copies of the petition of Endeavor
Academy and the answer
of FIP in the case appear in the accompanying pages. |
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Q. Is the FIP/FACIM Copyright Valid? -MATTHEW 7:15-20 |
There are two aspects to the copyright claimed for A Course in Miracles that lead toward the conclusion that the copyright claimed by FIP/FACIM is invalid. First, broad distribution of the Course manuscript prior to its "official" publication date of October 1975 is likely sufficient in itself to defeat copyright claims as to the content of that early manuscript, since under the law in effect in 1975, once a work entered the public domain by unrestricted publication, the right to copyright was irretrievably lost. The editorial enhancements added by FIP in the form of chapter and section headings and correction of minor errata (based on a comparison with Helen's handwritten notes of the manuscript) can likely be claimed by FIP/FACIM as within the claimed copyright, since these deviations from the original manuscript were added after the first official publication, but the main body of the document appears to be in the public domain. There is an even more fundamental issue that FIP/FACIM must overcome in order to establish copyright to the main body of the Course. In Urantia Foundation v. Maaherra, the federal Ninth Circuit Court of Appeals considered a copyright infringement claim brought by the owner of the copyright for The Urantia Book against a student who had distributed a free computer version of the book on a disk. The Urantia Book, it was agreed, had been "authored" by non-human spiritual beings, in response to questions posed by a Contact Commission, which subsequently wrote down the teachings and published the book. The court noted that one may obtain copyright only "in original works of authorship" and said (quoting the U.S. Supreme Court) that for this purpose, "original" meant that "the work was independently created by the author... and that it possesses at least some minimal degree of creativity." Of importance in the case of FIP/FACIM's claim to copyright for the Course is the following statement by the court:
While it has been suggested
by some close to the present lawsuit involving Endeavor Academy
that Kenneth Wapnick has been equivocal in depositions on the
authorship of the Course, he has not been equivocal in his writings,
which uniformly take the position that Jesus is the author of
the Course and that Helen's role was that of a simple scribe,
taking down accurately the material just as it was given to her.
(Compare the reference to KW's
description of the Course, above with the denial
of Jesus' authorship in the cancellation suit for an example
of this apparent change of heart by Mr. Wapnick.) If it is true
that Jesus is the author and Helen a mere scribe, then it is
clear that under the Urantia decision reasoning, the FIP/FACIM
copyright is invalid insofar as it purports to cover the original
manuscript.
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Q. What is the Copyright Fair Use Doctrine |
In general, the long standing "fair use" doctrine tempers the protection of copyright by allowing an author to use a limited amount of copyrighted material under some circumstances. Congress provided in the 1978 Copyright Act that "the fair use of a copyrighted work . . . for such purposes as criticism, comment, news reporting, teaching . . ., scholarship, or research, is not an infringement of copyright." There are no hard and fast rules for applying the "fair use" rule; rather, the doctrine is applied on a case by case basis according to four statutory criteria. The underlying issue in the case of FIP/FACIM objections to use by others of Course ideas, references and quotations in commercial works is the right to produce and control so-called "derivative works." An accompanying article entitled
"This Course is Perfectly
Clear" written by Robert Perry and recently published
(with FACIM approval) in On Course illustrates both Robert
Perry's teaching method and an excellent example of "fair
use" of material from A Course in Miracles. |
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