Urantia Foundation, a Non-Profit Foundation v. Kristen Maaherra

114 F.3d 955, 97 Daily Journal DAR 7285, 43 U.S.P.Q. 2d (BNA) 1001, 25 Media L. Rep. (BNA) 1873, 97 Cal. Daily Op. Serv. 4369, 1997 U.S. App. LEXIS 13601, 1997 WL 307230
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 10, 1997
Docket95-17093
StatusPublished
Cited by48 cases

This text of 114 F.3d 955 (Urantia Foundation, a Non-Profit Foundation v. Kristen Maaherra) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Urantia Foundation, a Non-Profit Foundation v. Kristen Maaherra, 114 F.3d 955, 97 Daily Journal DAR 7285, 43 U.S.P.Q. 2d (BNA) 1001, 25 Media L. Rep. (BNA) 1873, 97 Cal. Daily Op. Serv. 4369, 1997 U.S. App. LEXIS 13601, 1997 WL 307230 (9th Cir. 1997).

Opinion

OPINION

SCHROEDER, Circuit Judge:

This is a copyright dispute between parties who believe the copyrighted work, the Urantia Book, was authored by celestial beings and transcribed, compiled and collected by mere mortals. In this litigation, the plaintiff-appellant Urantia Foundation claims that the defendant-appellee Kristen Maaherra infringed the Foundation’s copyright when she distributed a computerized version of the Book on disk. Maaherra concedes copying, so the only issue before us is whether the Foundation owns a valid copyright in the Book.

The district court granted summary judgment to Maaherra on the ground that the *957 Foundation’s renewal copyright was invalid. Urantia Foundation v. Maaherra, 895 F.Supp. 1347 (D.Ariz.1995). 1 The court determined that the Foundation was not a proper renewal claimant because the Book was not a “work made for hire,” as claimed on the renewal certificate, and that even though the Book could have qualified as a “composite work,” the Foundation had failed to show that it was its “proprietor.” See 17 U.S.C. § 304(a) (providing that proprietors of composite works and works made for hire can claim renewal). We conclude that the Foundation has established that it was, at the time of renewal, the proprietor of a composite work, and that the mistaken description on the renewal certificate does not affect the validity of the renewal. We therefore reverse the district court’s grant of summary judgment in favor of Maaherra.

BACKGROUND

Central to an understanding of the ease is the history, as perceived by both parties, of the creation of the Book. Both parties believe that the words in the Book were “authored” by non-human spiritual beings described in terms such as the Divine Counselor, the Chief of the Corps of Super-universe Personalities, and the Chief of the Archangels of Nebadon. These spiritual entities are thought to have delivered the teachings, that were eventually assembled in the Book, “through” a patient of a Chicago psychiatrist, Dr. Sadler.

The parties also agree that to understand these divine messages better and to share them with the rest of the world, Dr. Sadler formed a group of five or six followers, called the Contact Commission. At first, the members of the Contact Commission started discussing the divine teachings among themselves. Then, apparently in response to what they perceived to be prompting from the spiritual beings, and in collaboration with a larger group of followers called the Forum, the Contact Commission began to pose specific questions to the spiritual beings. The answers to these questions, as transmitted to the humans and arranged by them, became the Urantia Papers. At some point, the manuscript containing the Papers was intentionally destroyed after the creation of about 2,000 printing plates.

Members of the Contact Commission, including founding member Dr. Sadler, then formed the Urantia Foundation, an Illinois charitable trust, for one purpose: to preserve and disseminate the teachings contained in the Papers. It appears that the Foundation was, at least initially, headquartered at Dr. Sadler’s home. The Contact Commission transferred the printing plates to the Foundation through the trust instrument.

The transfer is detailed in a district court opinion, arising in another circuit, and also involving the validity of the Foundation’s copyright in the Book, but analyzing the validity of the original, rather than the renewal copyright. Urantia Foundation v. Burton, 210 U.S.P.Q. 217 (W.D.Mich.1980). The Burton court found that the trust instrument described the Foundation’s primary estate as consisting of the printing plates on which the Papers were inscribed. The instrument also provided that the trustees were specifically empowered, and had the duty, “to retain absolute and unconditional control of all plates and other media for the printing and reproduction of the Urantia Book and any translation thereof----” Id. at 219 (citing to Paragraph 3.3 of the trust instrument).

The Foundation published the Book in 1955. The original copyright certificate was issued to the Foundation in 1956. The Foundation renewed the copyright in 1983.

In 1990, Maaherra, who resides in Arizona, and who describes herself as “an avid reader of the [Book] since 1969,” prepared a study aid that included the entire text of the Book and started distributing it free of charge to various individuals. That same year, the Foundation learned that someone was distributing the Book on computer disks, using *958 the Foundation’s trademarks. Upon discovering that Maaherra was responsible for this, the Foundation filed the instant suit in 1991. See Urantia Foundation v. Maaherra, 895 F.Supp. 1338 (D.Ariz.1995) (recounting this chronology).

This appeal is from the district court’s October 25, 1995 amended final judgment based on its February 10, 1995 order granting summary judgment to Maaherra on the Foundation’s copyright infringement claim. See Urantia, 895 F.Supp. at 1347.

DISCUSSION

Copyrightability of the Book

A threshold issue in this case is whether the work, because it is claimed to embody the words of celestial beings rather than human beings, is copyrightable at all. “To qualify for copyright protection, a work must be original to the author.” Feist Publications, Inc. v. Rural Telephone Service Company, Inc., 499 U.S. 340, 345, 111 S.Ct. 1282, 1287, 113 L.Ed.2d 358 (1991) (citation omitted). The core statute, 17 U.S.C. § 102(a), provides:

[cjopyright protection subsists ... in original works of authorship fixed in any tangible medium of expression, ... from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

17 U.S.C. § 102(a). “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Feist, 499 U.S. at 345, 111 S.Ct. at 1287 (citation omitted).

Maaherra claims that there can be no valid copyright in the Book because it lacks the requisite ingredient of human creativity, and that therefore the Book is not a “work of authorship” within the meaning of the Copyright Act. The copyright laws, of course, do not expressly require “human” authorship, and considerable controversy has arisen in recent years over the copyrightability of computer-generated works. See Arthur R. Miller, Copyright Protection for Computer Programs, Databases, and Computer-Generated Works: Is Anything New Since CON-TU?, 106 Harv.L.Rev. 977 (1993).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stephen Thaler v. Shira Perlmutter
130 F.4th 1039 (D.C. Circuit, 2025)
Thaler v. Perlmutter
District of Columbia, 2023
Unicolors, Inc. v. H&M Hennes & Mauritz, L. P.
595 U.S. 178 (Supreme Court, 2022)
Gold Value Int'l v. Sanctuary Clothing, LLC
925 F.3d 1140 (Ninth Circuit, 2019)
Kaseberg v. Conaco, LLC
360 F. Supp. 3d 1026 (S.D. California, 2018)
Ashton v. U.S. Copyright Office
310 F. Supp. 3d 149 (D.C. Circuit, 2018)
Unicolors, Inc. v. Urban Outfitters, Inc.
853 F.3d 980 (Ninth Circuit, 2017)
TCA Television Corp. v. McCollum
839 F.3d 168 (Second Circuit, 2016)
TCA Television Corp. v. McCollum
151 F. Supp. 3d 419 (S.D. New York, 2015)
Corbello v. DeVito
832 F. Supp. 2d 1231 (D. Nevada, 2011)
Stern v. Does
978 F. Supp. 2d 1031 (C.D. California, 2011)
Jules Jordan Video, Inc. v. 144942 Canada Inc.
617 F.3d 1146 (Ninth Circuit, 2010)
Siegel v. Warner Bros. Entertainment Inc.
658 F. Supp. 2d 1036 (C.D. California, 2009)
Salestraq America, LLC v. Zyskowski
635 F. Supp. 2d 1178 (D. Nevada, 2009)
MONTWILLO v. Tull
632 F. Supp. 2d 917 (N.D. California, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
114 F.3d 955, 97 Daily Journal DAR 7285, 43 U.S.P.Q. 2d (BNA) 1001, 25 Media L. Rep. (BNA) 1873, 97 Cal. Daily Op. Serv. 4369, 1997 U.S. App. LEXIS 13601, 1997 WL 307230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/urantia-foundation-a-non-profit-foundation-v-kristen-maaherra-ca9-1997.