Copyright law is not a tool to punish or silence critics. This is a principle so fundamental that it is the ur-example of fair use, which typically allows copying another’s creative work when necessary for criticism. But sometimes, unscrupulous rightsholders misuse copyright law to bully critics into silence by filing meritless lawsuits, threatening potentially enormous personal liability unless they cease speaking out. That’s why EFF is defending Zachary Parrish, a parent in Indiana, against a copyright infringement suit by LifeWise, Inc.
LifeWise produces controversial “released time” religious education programs for public elementary school students during school hours. After encountering the program at his daughter’s public school, Mr. Parrish co-founded “Parents Against LifeWise,” a group that strives to educate and warn others about the harms they believe LifeWise’s programs cause. To help other parents make fully informed decisions about signing their children up for a LifeWise program, Mr. Parrish obtained a copy of LifeWise’s elementary school curriculum—which the organization kept secret from everyone except instructors and enrolled students—and posted it to the Parents Against LifeWise website. LifeWise sent a copyright takedown to the website’s hosting provider to get the curriculum taken down, and followed up with an infringement lawsuit against Mr. Parrish.
EFF filed a motion to dismiss LifeWise’s baseless attempt to silence Mr. Parrish. As we explained to the court, Mr. Parrish’s posting of the curriculum was a paradigmatic example of fair use, an important doctrine that allows critics like Mr. Parrish to comment on, criticize, and educate others on the contents of a copyrighted work. LifeWise’s own legal complaint shows why Mr. Parrish’s use was fair: “his goal was to gather information and internal documents with the hope of publishing information online which might harm LifeWise’s reputation and galvanize parents to oppose local LifeWise Academy chapters in their communities.” This is a mission of public advocacy and education that copyright law protects. In addition, Mr. Parrish’s purpose was noncommercial: far from seeking to replace or compete with LifeWise, he posted the curriculum to encourage others to think carefully before signing their children up for the program. And posting the curriculum doesn’t harm LifeWise—at least not in any way that copyright law was meant to address. Just like copyright doesn’t stop a film critic from using scenes from a movie as part of a devastating review, it doesn’t stop a concerned parent from educating other parents about a controversial religious school program by showing them the actual content of that program.
Hellbound and Down 