DOCSLIB.ORG

Fair Dealing and the Purposes of Copyright Protection

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Fair Dealing and the Purposes of Copyright Protection NOTE TO USERS Page(s) not included in the original manuscript are unavailable from the author or university. The manuscript was microfilmed as received. 142,162 This is reproduction is the best copy available FAIR DEALING AND THE PURPOSES OF COPYRIGHT PROTECTION AN ANALY SIS OF FAIR DEALING IN THE COPYRIGHT LAW OF THE U.K. AND CANADA by CARYS JANE CRAIG A thesis submitted to the Faculty of Law in conformity with the requirement for the degree of Master of Laws Queen's University Kingston, Ontario, Canada August, 2000 National Library Bibiiothèque nationale 1*1 of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques 395 Wellington Street 395. rue Wellington OttawaON KlAON4 Ottawa ON KIA ON4 Canada Canada YOU~Me Votre réfemnce Our file Notre refdrence The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or seIl reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. Tlrc -focus of tlzis thesis is the fair dealing defence in the British and Caizadiarz cop~-~-ightsystenrs. The pzxpose of the thesis is twofold: first. to reveal the iirudeqrrncies of the defence in its present statutoty fom; second. to reveal the rekrrionship benveetz these inadeqriacies and a larger failure to understand the nature arrci r-ofe of fair dealiizg iuithirz cop-vright policy. With respecr to the first irzqicin, the thesis argues that the present fair dealing provisions in the U.K. and Canada are sturrrror-il\. I-estrictive, r-igidly limiïed in application, and crippled with arbitrary and pedmtic distiizctiorrs. These provisions are compared unfavourably to the LIS fair use ~rzocief. iv/zic/z allows for a flerible and inclusive fair use inqzriry, pernzi~tïitg reasoized arralysis and princz@led consideration of the policy issues at stake. T/zc thesis is not, ho wever, corzcer-ned simply with legislative reform. Rath et-. ivith respect to the second inquiry, the thesis argues that fair dealing and, to some extent. fair use. srrffer at the harzds ofa common mischaracterriation of the rationale behind the CO~JV-ightystern. Mistaken plzilosop hies of copyright protection, grounded in inispiaced rzotions of moral or natttral entitlement, pervade copyright rhetoric and disgrise copyeht 's firndamer2taZZy instn~mental nature. Vfsions of 'Romantic Aurlzor-slzip ' and Lockean assunzptions regarding property acquisition lead to an Nzappr-opr-iate 1-iglzts-based and author-oriented understanding of copyright law. Szzch an rrrrderstandïng obsczu-es the origirzs of copyright and the public goals that iie at its cor-e, The inevita ble conseqtrence is the over-protection of copyright holders ' Uz terests at rhe esperzse of rrset-s and sociery. TIZCfltesis attempts to show that by relocating copyright within its instntrnental agcilcia arzd r-e-imagining its social and normative aims, we can establish a more appropriate theoretical framework with which to justzfj and explain the copyright s-VA-rmi.Within tlris framework. we rvill be better placed to identzfi the pirrposes belrimi cop-VI-ightas an incentive systern. In tum, this will allow us to recognise the rolc. of:fair- dealing as an integral nrechanism within the systern and not merely as a niar-ginrrl exception thereto. rnight then be possible to develop a functional urzdcr-standing of fair dealing consistent with the intent behind the doctrine and reflective of its importance withirz copyrr'ght policy. 1 would like to thank Denis Magnusson for sharing with me bis knowledge and insight in the field of copyrisht law, and for the confidence he displayed in me throughout the process of writing this thesis. 1 am gratefül to Mark Weisberg for his encouragement and Phyllis Reid for her help and dedication. 1 would also Lks to thank my family in Scotland for their love across al1 the miles, and for supporting my choices no matter how far away they take me. 1 would like to express my extreme gratikde to Conor Fitzpatrick and the whole Fitzpatrick family for their affection, their unfailing support and their belief in me. Many thanks also to my wonderfil fnends, both at home and in Canada, wliose fiîendship, they know, has been invaluable to me. Special thanks go to Ruth Dukes, Alan D. Stalker, Claire McDaid and Emily Grabham. TABLE OF CONTENTS CHAPTER 1: AN HXSTORICAL OVERVIEW 1. The History of Copyright A. The Statutory Inception of Copyright i) The Historical Context ii) The First Statutov Copyright System iii) An Analysis of the Statute of Anne B. The Role of Case Law in the Development of C 1yright i) The Question of Literary Property ii) The Millar v Taylor Decision iii) The Donaldson v Becket Decision C. Conclusions on the History and Development of Copyright II. The History of Fair Use A. Locating Fair Use within Copyright Policy B. The Development of Fair Use in the Courts i) Fair Abridgement ii) The Arriva1 of Fair Use iii) The Rationale behind Fair Use C. Conclusions on the History and Developrnent of Fair Use III. A Brief Conclusion on the History of Copyright and Fair Use CHAPTER 2: FAIR DEALING IN U.K. COPYRIGHT LAW 1. Introduction: A Matter of Principle II. U.K. Legislation on Fair Dealing A. The Statutory History of Fair Dealing B. The Current Fair Dealing Provisions III. Case Law Under the 1988 Act A. What's Fair? B. Fairness v- Fair Dealing C. Criticisrn or Review D. Reporting Current Events E. Some Cornments on the Case Law F. A Perfect Illustration: The Pro Sieben Decision i) The decision at first instance ii) The decision of the Court of Appeal iii) Conclusions on the Pro Sieben case G. An Analysis of Fair Dealing before the Courts IV. Conclusions: Fair Dealing in the U.K. A. Fair Dealing and the Nature of Copyright B. The Problem with Fair Dealing in the U.K. CHAPTER 3: FAIR DEALING IN CANADIAN COPYRIGHT LAW 1. Introduction: The Problem with Canadian Law II. Canadian Legislation on Fair Dealing A. The Statutory History of Fair Dealing in Canada B. The Current Fair Dealing Provisions in Canada III. Canadian Case Law on Fair Dealing A. All's Not Fair B. 'Unfairness' in Fair Dealing C. 'Research or Private Study' D. 'Criticism and Review' i) The Michelin Case ii) The Avanti Case iii) The Hager Case iv) Conclusions on the 'Criticism and Review' Cases E. 'hïews Reporting' IV. Conclusions: Fair Dealing before the Canadian Courts A. Fair Dealing and the Nature of Copyright in Canada B. The Problern with Fair Dealing in Canada CHAPTER 4: A COMPARATIVE APPROACH: THE U.S. EXAMPLE 1. The Nature of US. Copyright Law and Fair Use A. The US. Constitutional Setting B. The Relationship Behveen Copyright and Constitutional Freedoms C. The Effect of the Constitutional Statement upon Fair Use II. Fair Use Legislation in US. Copyright Law A. The US. Fair Use Clause B. An Analysis of the U.S. Fair Use Provision i) Flexibility ii) The 'Balancing' Concept iii) Market Substitutability and the Public Good C. The US. Model: Does it Fit? III, Some Problems with the U.S- Model: Fair Use in the Courts A. Property Rhetoric and Judicial Reality B, The Focus upon Authors' Economic Interests i) Presumptions: Commercial Nature and the Effect on the Market (a) The Sony Case (b) The Harper & Row case (c) The 'Double Wharnmy': Sony and Harper & Row ii) The Consequences of Over-Emphasising Economic Interests IV. The Advantages of the US. Model A, Room for Reasoned Analysis B. An Illustration: Canzpbell Y Acziff-Rose Music, Inc. V, Conclusions on the USModel A. The Benefits of Section 107 B. CS. Fair Use within Copyright Philosophy C. A Solution? CHAPTER 5: THE LMISTAKENPHILOSOPHIES OF COPYRIGHT PROTECTION I. Introduction: The ProbIem of Copyright Rhetoric 163 11. The Vision of Romantic Authorship A. '.4uthorship', 'Origination'. and 'Objectification' i) The 'Author' ii) 'Originality' iii) Propertisation and the Concept of the 'Work' B. The Implications for Copyright i) Romantic Authorship and Copyright Policy ii) Rornantic Authorship and Fair Dealing (a) Favouring the 'Author' (b) Stigmatising the User C. Conclusioi-is on Romantic Authorship III. Private Property Theory 186 A. Locke's Theory of Acquisition of Property 187 i) The Fruits of Labour 187 ii) The Lockean Provisos 189 B. ProbIems with a Lockean AnaIysis of Intellectual Property 190 i) Interna1 Critiques of a Lockean Intellectual Property Theory 191 (a) Copyright and the 'Enough and as Good' Proviso 192 (b) Copyright and the 'No-Spoilage' Proviso 197 (c) Identieing the Labourer and the Product of his Labour 20 1 (d) The Question of Liberty 204 ii) External Critiques of Lockean Intellectual Property Theory 206 (a) Rethinking Locke on Property: A Departure From Deontology 207 (b) The Dansers of a Lockean AnaIysis 210 (c) The Effects of Property Theory upon Copyright and Fair Use 2 13 IV. Conclusion 218 CHAPTER 1: AN HISTORICAL OVERVIEW 1. The Historv of Copvri~ht It is not uncornmon for pragmatic constructs to evolve, in the minds of those who use them over time, into a necessary and universal fact.
Load more

Recommended publications
  • Scientology in Court: a Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion
    DePaul Law Review Volume 47 Issue 1 Fall 1997 Article 4 Scientology in Court: A Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion Paul Horwitz Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Paul Horwitz, Scientology in Court: A Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion, 47 DePaul L. Rev. 85 (1997) Available at: https://via.library.depaul.edu/law-review/vol47/iss1/4 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. SCIENTOLOGY IN COURT: A COMPARATIVE ANALYSIS AND SOME THOUGHTS ON SELECTED ISSUES IN LAW AND RELIGION Paul Horwitz* INTRODUCTION ................................................. 86 I. THE CHURCH OF SCIENTOLOGY ........................ 89 A . D ianetics ............................................ 89 B . Scientology .......................................... 93 C. Scientology Doctrines and Practices ................. 95 II. SCIENTOLOGY AT THE HANDS OF THE STATE: A COMPARATIVE LOOK ................................. 102 A . United States ........................................ 102 B . England ............................................. 110 C . A ustralia ............................................ 115 D . Germ any ............................................ 118 III. DEFINING RELIGION IN AN AGE OF PLURALISM
    [Show full text]
  • Bakalářská Práce 2007
    Katedra psychologie FSS MASARYKOVA UNIVERZITA V BRN Ě FAKULTA SOCIÁLNÍCH STUDIÍ Katedra psychologie Diplomová práce (obor psychologie) MANIPULATIVNÍ TECHNIKY SCIENTOLOGICKÉ CÍRKVE Vypracoval: Ji ří Steinbauer Vedoucí práce: doc. PhDr. Zbyn ěk Vybíral, Ph.D. Brno 2007 Prohlašuji, že jsem práci vypracoval samostatn ě, a že jsem všechny v ědom ě použité informa ční zdroje uvedl v seznamu literatury. 2 Děkuji doc. PhDr. Zby ňkovi Vybíralovi, Ph.D. za odborné vedení práce. 3 Obsah 1 Úvod.........................................................................................................................................5 2 Sekty ........................................................................................................................................7 2.1 Definice sekty ...................................................................................................................7 2.2 Znaky sekty.....................................................................................................................10 3 Scientologie, respektive Dianetika ........................................................................................17 3.1 Základní principy Scientologie.......................................................................................18 3.1.1 Oficiální p ředstavení Scientologické církve podle oficiálního webu:.....................18 3.1.2 Popis princip ů Scientologie dle nezávislých zdroj ů ................................................18 3.1.3 Auditing ...................................................................................................................19
    [Show full text]
  • Church of Scientology of California V Miller & Another
    Church of Scientology of California v Miller & Another Chancery Division The Independent 10 October 1987, The Times 15 October 1987, (Transcript:Nunnery) HEARING-DATES: 9 October 1987 9 October 1987 COUNSEL: A Newman and J Algazy for the Plaintiff; G Lightman QC, M Briggs and P Jong for the Defendants PANEL: Vinelott J JUDGMENTBY-1: VINELOTT J JUDGMENT-1: VINELOTT J. In this action the Church of Scientology seek an interim injunction pending the trial of an action against a Mr Russell Miller and Penguin Books Limited. The Church of Scientology, California, is registered under Californian law as a religious organisation. It has, of course, subsidiary or associated organisations with similar objects elsewhere, including the United Kingdom. The subsidiary or associated organisation in the United Kingdom is a company. It has not been registered as a charity. It should not therefore be assumed that the plaintiff or its subsidiary or associated organisations will be recognised in England as established for the advancement of religion. I shall, nonetheless, for convenience refer to this group of organisations as "the Church"; I shall, were appropriate, refer to the plaintiffs alone as "the plaintiffs". The founder of the Church was the late Mr Ron Hubbard. Mr Russell Miller is a well known author with a reputation for investigative journalism. He has written a biography of Mr Hubbard. Penguin Books Limited are, of course, the intended publishers. Proof copies of the book were available to a limited circle on 5th August last. The plaintiffs obtained a copy of it. It is not clear from the evidence precisely how or, more importantly, when they did so.
    [Show full text]
  • Jon Atack 1990
    Copyright and Miscellanea Text is © Jon Atack 1990 For legal reasons, it is advised that this work not be distributed in the United Kingdom. The images in this electronic version come from three sources: • Bare-Faced Messiah: the true story of L. Ron Hubbard (Russell Miller, 1987) • Religion, Inc.: the Church of Scientology (Stewart Lamont, 1986) • "Secret Lives: L. Ron Hubbard" (Channel 4 Television, 1997) Library of Congress Cataloging-in-Publication Data: Atack, Jon. A piece of blue sky: Scientology, Dianetics, and L. Ron Hubbard exposed / by Jon Atack. p. cm. "A Lyle Stuart book." Includes bibliographical references and index. ISBN 0-8184-0499-X : $19.95 1. Scientology - Controversial literature. 2. Dianetics - Controversial literature. 3. Hubbard, L. Ron (La Fayette Ron), 1911- 4. Church of Scientology - History. I. Title. BP605.S2A83 1990 299'.936'092-dc20 89-77666 CIP Jon Atack has not been involved in the production or distribution of this unauthorized electronic version. It is based on a scanned copy originally produced by the former FACTnet with a "card catalog" entry of E:\PCB\GEN\FILES\BOOKS\JON.TXT. This file has been available on the Internet for several years from the websites of FACTnet and other individuals. Because of the injunction against it in England and Wales (see under Related Documents), it is advised that it not be distributed in those countries. This work has been produced on behalf of the ARSCC (Alt.Religion.Scientology Central Committee (which does not exist)) as part of the "Xenu's Bookshelf" project. The ARSCC is part of a secret global conspiracy against Scientology involving Internet users, psychiatrists, the Bank of England and SMERSH.
    [Show full text]
  • L. Ron Hubbard and the Occult FACTNET
    L. Ron Hubbard and the Occult FACTNET: Hubbard and the Occult, part 1 of 4 By Jon Atack I stand before you having been accused in print by L. Ron Hubbard's followers of having an avid interest in black magic. I would like to put firmly on record that whatever interest I have is related entirely to achieving a better understanding of the creator of Dianetics and Scientology. Hubbard's followers have the right to be made aware that he had not only an avid interest, but that he was also a practitioner of black magic. Today I shall discuss these matters in depth, but I shall not repeat all of the proofs which already exist in my book A Piece of Blue Sky (1). Scientology is a twisting together of many threads. Ron Hubbard's first system, Dianetics, which emerged in 1950, owes much to early Freudian ideas (2). For example, Hubbard's "Reactive Mind" obviously derives from Freud's "Unconscious". The notion that this mind thinks in identities comes from Korzybski's General Semantics. Initially, before deciding that he was the sole source of Dianetics and Scientology (3), Hubbard acknowledged his debt to these thinkers (4). Dianetics bears marked similarites to work reported by American psychiatrists Grinker and Speigel (5) and English psychiatrist William Sargant (6). The first edition of Hubbard's 1950 text Dianetics: The Modern Science of Mental Health (7) carried an advertisment for a book published a year earlier (8). Psychiatrist Nandor Fodor had been writing about his belief in the residual effects of the birth trauma for some years, following in the footsteps of Otto Rank.
    [Show full text]
  • Bohemian Rhapsody
    8 Bohemian Rhapsody aul Haggis and Deborah Rennard married in 1997, soon after Paul’s divorce from Diane became nal. Paul was still seeking joint custody of his three daughters. Without Pconsulting him, Diane had taken Lauren and Katy out of the Delphi Academy, apparently intending to enroll them in public school. Paul and Diane were ordered by the court to undergo psychiatric evaluation, a procedure that Scientology abhors. In December 1998, the court surprised everyone by awarding Paul full custody of his daughters. According to court records, the ruling followed the discovery that the girls were not enrolled in school at all. The girls were stunned. They had watched the hostilities through Diane’s eyes. No one had prepared them for the possibility that they might be taken from her—until then, it had been the three girls and their mother against the world. The girls thought the decision was unbalanced and unfairly inuenced by the fact that their father had more money. Alissa vowed she would never speak to him again. Haggis was also caught short by the court’s decision. In addition to the year-old son, James, he had with Deborah, he suddenly had two teenage daughters on his hands as well. (Alissa was twenty-one at the time, and lived on her own.) The girls felt uprooted and they missed the emotional support of their mother. They didn’t resent Deborah; actually, they appreciated her advocacy and the way she balanced out Paul. Still, it was a difficult adjustment for everyone. Paul put the girls in a private school, but that lasted only six months.
    [Show full text]
  • 17 the SECT: SCIENTOLOGY Scientology Personnel. Many
    17 THE SECT: SCIENTOLOGY Scientology personnel. Many recruits first attend a free public lecture or nominally priced Personal Efficiency Foundation Course. These courses are devised to interest the public in Scientology and draw them into further commitment. A P13 Foundation is a programmed drill calculated to introduce people to Scientology and to bring their cases up to a high level of reality both on Scientology and on life....PE Foundation in its attitude goes for broke on the newcomers, builds up their interest with lectures and knocks their cases apart with comm course and upper indoc,...Never let anyone simply walk out. Convince him he's loony if he doesn't gain on it becawe that's the truth... Under the broad heading of attachment the factors which led to the emergence of some initial firm commitment on the part of those recruited to the movement will be examined. From the material available, three bases of affiliation can be discerned: cognitive, experienhal and affechve. By vog1litive grounds are meant bases for further commitment of a primarily intellectual kind. For example, a doctor cited earlier attended an introductory Scientology lecture and found it stimulating, the lectuTer was talking ahout practical life and relationships in simplified terms about three concepts involved. I was tired of reading academic books containing r7 theories of learning which had no bearing on the way one actually lives. I was also tired of hospital psychiatry. r'd done psychiatnc clinics myself in which one saw people for 30 minutes and pre)cribed a pill and never rcally had much contact with them.
    [Show full text]
  • Opting out of the Internet in the United States and the European Union: Copyright, Safe Harbors, and International Law Hannibal Travis
    Notre Dame Law Review Volume 84 | Issue 1 Article 6 11-1-2008 Opting out of the Internet in the United States and the European Union: Copyright, Safe Harbors, and International Law Hannibal Travis Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Hannibal Travis, Opting out of the Internet in the United States and the European Union: Copyright, Safe Harbors, and International Law, 84 Notre Dame L. Rev. 331 (2008). Available at: http://scholarship.law.nd.edu/ndlr/vol84/iss1/6 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. OPTING OUT OF THE INTERNET IN THE UNITED STATES AND THE EUROPEAN UNION: COPYRIGHT, SAFE HARBORS, AND INTERNATIONAL LAW Hannibal Travis* INTRODUCTION . ................................................. 332 I. THE DEVELOPMENT OF "WEB 2.0" . ........................ 336 II. COPYRIGHT LAW IN THE UNITED STATES AND THE EUROPEAN U NIO N ................................................... 339 A. Exclusive Rights ....................................... 339 B . Fair Use .............................................. 341 C. Other Exceptions to Copyright ........................... 342 III. OPTING OUT OF THE INTERNET IN THE UNITED STATES ..... 343 A. The Early Cases: Threats of "Unreasonable"Liability ....... 343 B. The "Safe Harbors" of the Digital Millennium Copyright Act 347 C. An Emerging Consensus That Copyright Holders Must Opt In to the Internet? .................... ................ 350 D. The Shift Toward an Opt-Out Copyright System in the N apster Case ......................................... 354 E. The Internet Matures: Courts Move to an Opt-Out Copyright System ................................................ 358 © 2008 Hannibal Travis.
    [Show full text]
  • THE OCCULT MASONIC TEMPLE GOD Volume I the Occult Masonic Temple God Study Compiled by Dr
    THE OCCULT MASONIC TEMPLE GOD Volume I The Occult Masonic Temple God Study Compiled By Dr. Christopher Newcomb, D.D. Copyright 2003 CONTENTS CHAPTER 1 THE SCOTTISH RITE TEMPLE IN D.C. and ISRAEL CHAPTER 2 BLASPHEMOUS NAMES OF MASONIC BEAST’S MORALS & DOGMA BY ALBERT PIKE CHAPTER 3 FREEMASONRY CONSPIRACY WITHIN, INITIATION AND THE BROTHERHOOD CHAPTER 4 THE INTELLIGENT STUDENT’S GUID TO THE NEW WORLD ORDER CHAPTER 5 THE AQUARIAN CONSPIRACY CHAPTER 6 ATLANTIS TO LATTER DAYS BY RANDALL STEVENS CHAPTER 7 MASONRY SYMBOLISM CHAPTER 8 THE SATANIC RITUALS CHAPTER 9 HUBBARD AND THE OCCULT CHAPTER 10 PYRAMID ON THE MASONIC ONE DOLLAR BILL CHAPTER 11 THE CURSE OF BAPHOMET CHAPTER 12 MORMONS AND THE MASONIC CONNECTION CONTINUED IN VOLUME II CHAPTER 13 THE KABBALLAH KEY OF SOLOMON CHAPTER 14 THE LESSER KEY OF SOLOMON CHAPTER 15 THE KABBALLAH BOOK OF FORMATION CHATPER 16 THE KABBLLAH DEFINED CHAPTER 17 THE KEY OF KNOWLEDGE CHAPTER 18 THE KABBALLAH 72 SPIRITS ARTE GOETIA CHAPTER 19 THE MASONIC LODGES WORLDWIDE LIST CHAPTER 1 SCOTTISH RITE TEMPLE IN WASHINGTON D.C. http://www.srmason-sj.org/web/temple.htm THE SPHINXES OF POWER AND WISDOM Power Wisdom The sphinxes at either side of the front door are each carved from one massive block of stone. Each weighs over 17 tons. The sphinx on the right of the Temple door symbolizes Wisdom. The eyes on its serene face are half-closed. On the left is the sphinx symbolizing Power. Its eyes are wide open and alert. Go to the Main Entrance Learn More about the Sphinxes * * * How The Sphinx Came To Washington by William L.
    [Show full text]
  • The Fictional Origins of a Modern Religion
    THE TRANSCENDENTAL ENGINEERS THE TRANSCENDENTAL ENGINEERS: THE FICTIONAL ORIGINS OF A MODERN RELIGION By -----------~--------------------- HUGH ALAN DOUGLAS SPENCER, B.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfilment of the Requirements for the Degree Master of Arts August 1981 MASTER OF ARTS (1981) McMASTER UNIVERSITY (Anthropology) Hamilton, Ontario TITLE: The Transcendental Engineers: The Fictional Origins of a Modern Religion AUTHOR: Hugh A. D. Spencer, B.A. SUPERVISOR: Dr. John Colarusso LENGTH: vi + 221 ii ABSTRACT This thesis deals with science fiction and its manifestations as a force in popular culture. To be specific, I discuss science fiction and its symbolic connections with the recently formed 'cult' known as the Church of Scientology. Scientology was created by a former science fiction writer, L. Ron Hubbard, who uses a great deal of science fiction imagery in church doctrine. Essentially, this study is an example of "processual symbOlogy"; how ideas and symbols can be manipulated by relevant persons, changing the meanings of the symbols and altering any behavior surrounding those symbols. In this case we examine how ideas and themes in a fictional setting can become transformed into religious doctrine. Science fiction has avid. followers known as "fans"; intense fans often spend the greater part of their energies pursuing their interest in science fiction. It is established in the thesis that fans subscribe to a science fiction ideology which in turn Scientology borrows from. Science fiction fandom and Scientology in the earlier form of Dianetics existed in a common cultural underground of rejected occult knowledge known as the "cultic milieu".
    [Show full text]
  • Scientology in Court: a Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion
    Alabama Law Scholarly Commons Articles Faculty Scholarship 1997 Scientology in Court: A Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion Paul Horwitz University of Alabama - School of Law, [email protected] Follow this and additional works at: https://scholarship.law.ua.edu/fac_articles Recommended Citation Paul Horwitz, Scientology in Court: A Comparative Analysis and Some Thoughts on Selected Issues in Law and Religion, 47 DePaul L. Rev. 85 (1997). Available at: https://scholarship.law.ua.edu/fac_articles/184 This Article is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Alabama Law Scholarly Commons. SCIENTOLOGY IN COURT: A COMPARATIVE ANALYSIS AND SOME THOUGHTS ON SELECTED ISSUES IN LAW AND RELIGION Paul Horwitz* INTRODUCTION ................................................. 86 I. THE CHURCH OF SCIENTOLOGY ........................ 89 A . D ianetics ............................................ 89 B . Scientology .......................................... 93 C. Scientology Doctrines and Practices ................. 95 II. SCIENTOLOGY AT THE HANDS OF THE STATE: A COMPARATIVE LOOK ................................. 102 A . United States ........................................ 102 B . England ............................................. 110 C . A ustralia ............................................ 115 D . Germ any ............................................ 118 III. DEFINING
    [Show full text]
  • Siphepho Nomvuyo__2014.Pdf
    UNIVERSITY OF KWAZULU NATAL COPYRIGHT AND DEVELOPING COUNTRIES A CRITICAL EXAMINATION OF RECENT DEVELOPMENTS IN COPYRIGHT LAW WITH PARTICULAR REFERENCE TO THE IMPACT ON DEVELOPING COUNTRIES AND ACCESS TO EDUCATIONAL MATERIALS 2014 NOMVUYO NICOLE SIPHEPHO 1 DECLARATION I hereby declare that this dissertation is my own, original work, and that all my sources of information have been acknowledged. To my knowledge, neither the substance of this dissertation, nor any part thereof, is being submitted for any degree in any other University. 2 ACKNOWLEDGMENTS Apart from the efforts of myself, the success of any project depends largely on the encouragement and guidelines of many others. I take this opportunity to express my gratitude to the people who have been instrumental in the successful completion of this project. First and above all, I praise God, the almighty for providing me this opportunity and granting me the capability to pursue my dreams. The wisdom and perseverance that he has bestowed upon me during this research project, and indeed, throughout my life: "I can do everything through him who give me strength." (Philippians 4: 13) I would like to express my gratitude to my supervisor Professor Tanya Woker for the useful comments, remarks and engagement through the learning process of this Masters Dissertation. She has been a tremendous mentor for me; I really enjoyed working with her. Lastly, this journey would not have been possible without the support of my family who have encouraged me in all of my pursuits and inspired me to follow my dreams; Dr Jameson Siphepho, Mrs Sisana Siphepho, Ncaba, Yolanda and Mukelo.
    [Show full text]