Are There Copyright Issues With Making a Handwritten Bible?

I am not a lawyer, and this post should not be used in the place of legal advice. The information I’m offering comes from online research and an informal conversation with a lawyer friend who has an interest in copyright law.

Are there copyright issues with making a handwritten Bible? The short answer is YES, although it represents a low risk of legal action because a handwritten Bible is not a viable commercial product, given the labor required to produce it. Copyright law applies, however, and you should understand it.

3 Legal Terms to Understand

1. Copyright

Copyright is a type of intellectual property. It protects original works of authorship, including books, art, photographs, music, recordings, movies, computer software, and much more. (Even this blog post!) Copyright means that the original creators of products, and anyone they authorize, are the only ones with the right to reproduce the work.

However, there are some exceptions and limitations, and we’ll discuss “Fair Use” below.

You should also note that copyright does not last forever. Works created after January 1, 1978, enjoy copyright protection until 70 years after the last surviving author’s death. Works created before 1978 have a different timeframe, but generally speaking works copyrighted in 1926 will enter the public domain during this year of 2022.

A fuller discussion of what copyright is, with answers to the most common questions, is provided on the U.S. Copyright Office website. (A very helpful resource.)

2. Fair Use

“Fair Use” is a doctrine in United States law that permits limited use of copyrighted material without having to acquire permission from the copyright holder. This provision seeks to balance the interests of copyright holders with the public interest in wider distribution and use of creative works.

Fair Use may be claimed for a number of purposes, but the most common are for criticism, commentary, news reporting, education, and research. In these uses, limits may be placed on the percentage of the work cited. So, Fair Use would normally be used to justify the publishing of extracts rather than a complete work.

3. Personal Use

People often claim that they are not violating copyright if they produce a single copy of a work “solely for personal use”. For example, someone purchases a music CD, and then makes a copy in mp3 format so that they can listen to it on another device. The argument they would make is that they have “paid for the music”.

Actually, that example is an infringement of copyright. In layman’s terms (not legalese), you didn’t “pay for the music”, you paid for one CD recording of the music.

Under certain circumstances, making a copy of a work COULD fall under the provisions of “Fair Use”. For example, making a backup copy of software you purchased in case of data corruption or loss. This may be considered acceptable. (Fair Use is really determined on a case by case basis.)

In the case of making a handwritten copy of a Bible you paid for, however, “personal use” is not a legal argument. It’s also probably doubtful that you could argue Fair Use.

The King James Version and the Public Domain

Produced in 1611, the King James Bible (also known as the Authorized Version) was the most widely distributed English version for several centuries. An accurate translation overall, and beloved for its poetic style, it only dropped to 2nd place on the Bible bestseller list in the 1970’s.

The good news for Bible handwriters is that the KJV is in the Public Domain in almost all countries of the world. The exception being the United Kingdom, where the right to print, publish and distribute is a “royal prerogative”. The Crown licenses publishers to reproduce it under letters patent.

This means that the KJV poses the least copyright issues with making a handwritten Bible. That fact, coupled with the popular view that it is a “classic” and very poetic version, makes it a great choice for your handwriting project.

Almost all other versions available today, however, are not in the public domain. The copyrights are reserved for each by various publishing houses. Some examples:

• Thomas Nelson publishes the New King James Version
• Zondervan publishes the New International Version
• The Lockman Foundation publishes the New American Standard Bible
• Crossway publishes the English Standard Version

So, if you have your heart set on one of these versions …

Are Copyright Issues With Making a Handwritten Bible Really a Serious Concern?

The following is a personal opinion only.

It’s probably very doubtful that any of the major publishers (Zondervan, Thomas Nelson, etc) would ever go after an individual for making a single handwritten copy of the Bible. Apart from the fact that it poses no commercial threat to them, it also would not make sense from a PR standpoint. You can just see the headline, “Bible Publisher Sues Man Who Spent 5 Years Handwriting the Bible for His Granddaughter.”

Having said that, publishers do enjoy the full protections of Copyright law and so if you have any concerns here are a few …

Options to Consider

1. Use the King James Version

This option seems to have the least issues or risk attached to it.

2. Call the publisher and ask for permission

They may say no simply because they have a blanket policy on all requests to make full copies. It will really come down to the whim of each publisher. But “you have not because you ask not”, right?

3. Consult a lawyer

If you think you’ve come up with a legitimate argument for claiming “Fair Use”, you could get a legal opinion. Bear in mind that lawyers rarely give their opinions out for free! But if you do decide to go this route, just be aware that Copyright law is a specialized area, so not every lawyer will feel qualified to answer your question.

What do you think? Have any points to add? Leave a comment below.

(By the way … have you taken the 30-Day Challenge yet? Download the free workbook.)