Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory of Denver
689 F.3d 29
1st Cir.2012Background
- Monastery translates Greek religious texts into English and holds seven Works; copyright ownership is disputed with ROCOR due to historical affiliation (1986 disengagement).
- Archbishop Gregory posted portions of St. Isaac and six other Works on his trueorthodoxy.info site, relying on his authority over the site to disseminate translations.
- Settlement in Michigan (July 24, 2006) resolved related claims; Archbishop agreed Monastery owns copyrights and would not challenge them in the future; despite this, infringing material remained on the Dormition Skete site and more Works were posted in Aug. 2007.
- District Court granted partial summary judgment (Feb. 2010) on breach of settlement and infringement of St. Isaac; subsequent summary judgment (July 2010) addressed remaining Works and infringement.
- Archbishop challenges ownership (ROCOR ownership, public domain, originality), fair use, and DMCA safe harbor; Monastery seeks enforcement of ownership and injunction against infringement.
- Court applies neutral principles of law, holds Monastery owns the copyrights, Archbishop infringed, and defenses (fair use, DMCA) fail; DMCA safe harbor waived and copyright misuse not pursued on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ownership of copyrights | Monastery owns copyrights; ROCOR has no ongoing ownership. | ROCOR owns the copyrights by operation of law under Monastic Statutes. | Monastery owns the copyrights; no effective transfer by operation of law. |
| Copying and substantial similarity | Archbishop copied actual text from the Works; copies on website infringe. | Any copying was non-infringing or not substantial; defenses apply. | Infringement established; copying and substantial similarity shown. |
| Fair use defense | Fair use did not apply; copying was not transformative and harmed market. | Use was transformative/educational and non-commercial. | Fair use rejected. |
| DMCA and direct infringement liability | Archbishop liable as direct infringer due to active control over site. | DMCA safe harbor or lack of volitional posting precludes liability. | Archbishop liable for direct infringement; DMCA safe harbor waived. |
Key Cases Cited
- Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 F.3d 340 (U.S. 1991) (originality standard; low threshold for copyrightability)
- Lotus Dev. Corp. v. Borland Int'l, Inc., 49 F.3d 807 (1st Cir. 1995) (certificate of registration creates prima facie ownership)
- CMM Cable Rep, Inc. v. Ocean Coast Props., Inc., 97 F.3d 1504 (1st Cir. 1996) (ownership burden after registration)
- Yankee Candle Co. v. Bridgewater Candle Co., 259 F.3d 25 (1st Cir. 2001) (originality, substantial similarity, and fair use framework)
- Coquico, Inc. v. RodrÃguez-Miranda, 562 F.3d 62 (1st Cir. 2009) (dissecting works to distinguish protectable elements (dissection principle))
- Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539 (U.S. 1985) (fair use factors and transformative use guidance)
- Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (U.S. 1994) (transformative use and four-factor fair use test)