While these downloads were of products identical to those that could be purchased, creatively sampling work endeavors to differentiate itself from its source material

—the Ninth Circuit determined that Philadelphia Church of God ("PCG"), a religious nonprofit organization, was not entitled to the fair use defense

—holding that giving away free copies of a religious work constituted commercial use because the defendant received an advantage or benefit, thereby profiting from the use by attracting new members, who eventually contributed to the organization by tithing

The public interest in the free flow of information is assured by the law's refusal to recognize a valid copyright in facts

Defendants have claimed a need to reproduce, adapt, or distribute texts for purposes of religious practice in many court cases.

It is partly through this idea/expression dichotomy that copyright law embodies the First Amendment's underlying goal of encouraging open debate and the free exchange of ideas.

Courts in several of these cases, however, have been reluctant to characterize religious works as factual or informational, due to their unwillingness to credit the plaintiffs explanation that the works were divinely inspired

—the Supreme Court invalidated RFRA only as applied to state and local law, not as applied to the federal Government

See Jay Worthington, Mein Royalties, 10 Cabinet 112 (Spring 2003), available at http://www. cabinetmagazine. org/issues/10/mein_royalties. php; Adolf Hitler, Mein Kampf (Reynal & Hitchcock 1939). 4.

As Eldred demonstrated, the First Amendment challenge to copyright is one of the most predictable in the Court's jurisprudence-it is almost always rejected

[PDF] Developments in US Copyright Law 2000-2001: From Revising the Old South to …

[PDF] Raising the Ruins

[BOOK] Religion and the state in American law

[BOOK] Infringement nation: copyright 2.0 and you

[CITATION] Internet law and practice in California

[CITATION] Copyright: cases and materials