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.
Table of Contents
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.)
KJV is all I use anyway to preach and teach from, so that’s what I began hand-copying years ago. Life got in the way, and so I tried to start over using fountain pens. But with a slight twist. I have the usual black for narrative, and red for Jesus’ words, but I decided to use a nice green for God’s words. I chose that because green is symbolic of creation and new life.
Keep the articles coming; I enjoy reading them.
I use red for the words of Jesus too, but I like your addition of green. Great idea. Thanks David.
The KJV 1611 Authorized should be no issue. Issues come when you copy an author’s ‘notes’ like Scofield as his notations are copywritten.
Correct. Thanks Patrick,
Phil
Great blog, I expect you’re rather busy, but I hope you keep current with it 😊. FYI, an alternative text without copyright handcuffs is the Berean Standard Bible “intentionally placed in the public domain” April 2023. Details at their site: https://berean.bible/
Blessings in Christ!
Good to know! Thanks for sharing, Cheryl.
Phil
I am getting ready to start scripture writing for my own benefit. I have brain damage and easily forget things. My goal is to complete one translation of entire bible and then start again with another translation. My mind races, so this is way for me to slow down and actually absorb what I’m reading.
If some publishers want to come after me for copying God’s word, let them.
Israelite Kings were required to write their own copies. These are God’s words, not a publishing companies. God has jurisdiction over his Word, not man.
The very few copies a single person would be able to write in their lifetime would have absolutely no consequence to the publisher.
And here’s another thought.
Those who do write out scripture are more prone to remembering it. What happens when our government bans the bible? I do believe that’s coming sooner than many think. It’s people who have memorized whole books that will be tasked with writing it down (or dictating to another to write.
Do you think that the translation used will matter as long as it’s accurate to the originals?
Do you think the KJV is understandable to the majority of English speakers?
I am copying God’s word. God’s, not man’s and I’ll not stop. These publishers are republishing words that are not their own works (other than translating).
God gave us His Word WITHOUT cost to us. How I read and study it is not the business of any publisher. Not now, not ever.
Just my own humble point of view. We can choose to obey God, or man. God tells us to hide His word in our hearts. The manner in which I do so doesn’t matter as long as it gets hidden in my heart. No man on earth has the right to tell me I cannot. If they have a problem with how I do it then let them heal my brain damage so I can memorize in another way, otherwise, take the greed somewhere else.
If I have to, I’ll mix and match with several translations but no one is going to tell me that I don’t have the right to copy God’s word in my own handwriting. It would take several years to accomplish that, and by then, the next update would be out. I don’t believe for even one second that God has a problem with someone writing His scripture that we are told to memorize (write it on our hearts).
It would be a different thing if it were being copy, pasted, and sold. Then it would affect their profits.
Thanks Kathleen. I think there are a number of good, faithful translations and everyone will have their own preference. I personally think the KJV is more understandable than most people think. It’s just a matter of getting used to the archaic expressions. But if people prefer a more modern translation, that’s fine. My own favorite translation is the NKJV.
I hope you have a really great time making your own handwritten copy of the Bible!
Phil