New Covenant Ministries
"Pilgrimettes"
From
THE PILGRIM
The
KJV
IS...
A
"Copyrighted"
Translation!
by
DOUG
KUTILEK
Religious publications in our day frequently
contain reviews and critiques of the seemingly endless number of new Bible
translations appearing in print. Some of these reviews are favorable while
others are critical. Of those that are critical, the negative evaluations
are sometimes soundly based, appealing to matters of text or translation
with regard to manuscript evidence, lexical matters or points of grammar
based on the original languages of the Bible. Others give irrelevant, unsound,
or simply ignorant and foolish arguments for their
rejection.
Often it
is defenders of the King James Version as the only valid translation of the
Bible in English who fall into this last category. This characterization
is not true of every defender of the KJV, but it is true of many, perhaps
most.
The most bizarre reason for rejecting the New
American Standard Bible, the New International Version, or the
New King James Version is that these
and apparently all other major versions since
1881 were copyrighted. The
argument is that the publishers, by copyrighting their new Bibles, insure
themselves a hefty royalty from every copy sold, and in fact made the new
translations with the sinister motive of making a profit on the gullibility
of religious people who buy every new Bible that comes along. The KJV, in
contrast, is characterized as being far superior to any other version because
it is
"the only Bible published without
a
copyright!" as one recent publication stated. God just won't use
a copyrighted Bible, some insist.
That there may be valid reasons for copyrighting
new translations (e.g., to recover the expense of translation and typesetting,
which can run into the millions of dollars, or to prevent corruption of the
text in pirated editions) is rarely considered. But a far more important
consideration is the fact that in the matter of being copyrighted, the KJV
is not different from other versions
it was and
IS a
copyrighted
translation.
We would do well at this point to consider
something of the origin, nature, and extent of the practice of copyrighting
printed works. The 15th edition of Encyclopedia Britannica
(1977), in its excellent article on
"Copyright
Law,"
presents the following pertinent information...
Copyright in the modern sense was born in the
late 15th century, the offspring of Gutenberg's invention of printing and
of the expansion throughout Europe of the learning and religious ferment
accompanying the Renaissance and Reformation. At about the time William Caxton
established a printing press in Westminster in 1476, the city of Venice
inaugurated a system of granting
"privileges," or monopoly
rights, to print certain books.
The practice of sovereign grants of exclusive
publishing rights spread quickly to other countries and became a common trade
practice during the 16th and 17th centuries. The printer or publisher seeking
the monopoly was willing to pay for the privilege and to submit the work
for official approval. For the ruler making the grant, the system was thus
a source of revenue and, more important, an opportunity for exercising political
or religious censorship.
For more than 200 years this inchoate form
of copyright was a matter involving tradesman and sovereign, and the individual
author was rarely even an indirect beneficiary of the transaction. At the
same time, the unauthorized reproduction of books, which had once been considered
merely reprehensible, was gradually coming to be recognized as an illegal
act.
In England the system of royal licenses to
individual printers was organized into a definite procedure with the restoration
of Roman Catholicism under Mary I. In 1555, reaction to the widespread
persecution of Protestants under the reinstated heresy laws led the crown
to seek methods for enforcing tighter censorship. In 1556, Queen Mary chartered
the Stationers' Company, giving the members of this guild of London printers
monopoly rights in the books they published. All books were required to be
submitted for official approval and to be entered on the company's register;
both unauthorized printing and failure to register were punished by the Court
of the Star Chamber (Vol. V, pg. 153).
Granting, yea, requiring the copyrighting
of books was a firmly established practice in England long before the publication
of the KJV in 1611. Therefore, it is no surprise that the title page of the
New Testament of the original edition of the KJV reads, at the bottom,
"Cum
Privilegio," Latin words which literally mean
"with
privilege" or
"right"
that is, with the right
of reproduction retained, or, in a word,
"copyrighted."
I confirmed this with my own eyes in November,
1976, at the library of the University of Chicago which has a 1st edition
KJV in its collection; the Oxford University Press in 1911 produced
"an
exact reprint in Roman type, page for page of the Authorized Version published
in the year
1611."
It naturally has precisely the same words on the New Testament title page.
[It was this Oxford 1911 reprint which was re-issued by Thomas Nelson
Publishers in the late 1980's.] A personal inspection of the 2nd
edition of the KJV (1613), in the collection of the Vick Memorial Library
at Baptist Bible College, Springfield, Missouri, reveals the words
"Cum
Privilegio" on both the title page to the whole Bible and the title
page to the New Testament. No doubt later editions read the same or
similarly.
This copyright on the King James Version merely
brought it into the mainstream with numerous earlier English versions which
were also copyrighted. William F. Moulton, in his singularly superb volume
The History of the English Bible (5th edition, 1911), informs
the reader that in 1537, a second and a third edition of Coverdale's
Bible was published by Nycolson, of Southwark [a section of
London] and here
we at last read at the foot of the
title-page,
"Set
forth with the Kynges most gracious
license"
(pg.
99).
Then, after noting that
"In
1539 Taverner published his edition of the
Bible," Moulton quotes the title page of that edition which
reads in part,
"Printed
at London in Flete street at the synge of the sonne by John Byddell, for
Thomas Barthlet. Cum privilegio ad imprimendum solum.
M.D.XXXIX." (pg. 133).
John Hutchinson relates concerning the Great
Bible, completed in April of 1539, that the title page included the words,
"Printed
by Rychard Grafton and Edward Whitchurch. Cum privilegio ad imprimendum
solum"
("English Versions,"
The International Standard Bible
Encyclopedia, volume II, pg. 949, 1937 revised
edition).
Moulton also informs us, "On the 14th
of November, 1539, [King] Henry
[VIII] bestowed on
[Thomas] Cromwell, for five years, the exclusive
right to grant a license for the printing of the Bible in the English
tongue" (pg. 141), and that around 1542,
"Anthony Marler, a haberdasher of London, who had borne the expenses
of the earlier editions of the Great Bible, received from Henry a patent,
conveying to him the exclusive right of printing the English Bible during
four years" (pg. 143).
Regarding the Geneva Bible of 1560,
we are told by Moulton
The expense of the
publication of the Genevan Bible was borne by the English community in that
city. In 1561 [John] Bodley obtained from the Queen a patent for the exclusive
printing of this version during seven years ...In the course of Elizabeth's
reign as many as seventy editions of the Genevan Bible and thirty of the
New Testament, in all sizes from folio to 48mo, some in black letter and
others in the ordinary character, were issued from the press. A few of these
were printed abroad, but the large majority at home (pg.
166).
On the same subject, Hutchinson states,
"Bodley
had received the patent for its publication; and upon his asking for an extension
of the patent for twelve years, the request was generously granted by Archbishop
Parker and Grindly, bishop of
London..." (ibid., pg. 950). See also F. F. Bruce,
The English Bible, 1st edition, pg.
91.
One printer, Richard Harrison, because he printed
an edition of Cranmer's New Testament without license from Queen Elizabeth
I to do so, was fined eight shillings (Moulton, pg.
166).
The Roman Catholic Rheims New Testament
was copyrighted when it appeared. Its title page read in part,
"Printed
at Rhemes by Ioan Fogny. 1582. Cum
privilegio"
(Moulton, pg.
182).
An edition of the Bishops' Bible bearing
the date 1585 in the Baptist Bible College collection lists the printer's
name, Christopher Barker, and the fact that he was printer to the Queen's
most excellent majesty, accompanied by the words
"cum
gratia et
privilegio"
"with grace and
privilege."
And, we note, though it is not an English Bible,
that Erasmus' Greek text in its first edition of 1516 was published under
copyright; an exact reproduction of the title page is to be found in Schaff's
Companion to the Greek Testament and English Version, pg.
532, where we clearly see "CVM PRIVILEGIO."
It is apparent that the only English Bibles
which were not copyrighted upon publication were the very earliest ones,
including the translations of Tyndale and Coverdale, when Bible
publication in England was an illegal act. All translations made since
legalization were routinely and regularly copyrighted.
With such a history of copyrights and licenses
from the monarch for the printing of earlier English Bible translations,
it is no surprise to find that the KJV was also copyrighted. In fact, we
would be not a little surprised if it were not. Gustavus Paine, in The
Men Behind the King James Version, discusses the printing and copyright
of the KJV
There was no competition for the job of printing
the new Bible. It went to Robert Barker, the royal printer who also published
it. His father, Christopher Barker, had received from Queen Elizabeth the
sole right to print English Bibles, books of common prayer, statutes, and
proclamations. On the death of Christopher Barker in 1599 the queen had given
to his son, Robert Barker, the office of Queen's Printer for life with the
same monopoly. The Barkers and their heirs were to keep their right to publish
the King James Bible for a hundred years.
The heirs of Robert Barker went on printing
[the KJV] as sole owners of the right for a hundred years
(pgs. 134, 182).
Henry Richard Tedder, in his biographical sketch
of Robert Barker in The Compact Edition of the Dictionary of National
Biography, gives further information about Robert Barker, his Bible
copyright, and the printing of the King James Version
[T]he letters patent of Queen Elizabeth [I]
of 8 Aug., 1589, grant[ed] him the reversion for life, after his father's
death, of the office of Queen's printer, with right of printing English [B]ibles
[emphasis added], books of common prayer, statutes, and
proclamations...
The most important publication we owe to him
was the first edition of the authorized version of the English Bible of 1611,
sometimes known as King James, printed by virtue of the patent. Two issues,
both handsome folios, were produced in the same year (pgs. 94,
1127-1128). Tedder further relates how Robert Barker paid the printing
costs for these two folio editions of the KJV
"[he] paid for the amended or
corrected translation of the Bible 3,500 [pounds]: by reason whereof the
translated copy did of right belong to him and his
assigns," and that in 1660, an anonymous author
"accused
the Barkers of having kept in their possession the original manuscript of
King James
Version" (pg. 94, 1128).
For more than 100 years the Barkers held the
exclusive copyright to all English Bibles, as Tedder informs us
"The
Bible patent remained in the family from 1577 to 1709, or 132
years"
(pg. 94, 1128).
But the copyright on the KJV did not expire
after 100 years, when the Barker's copyright passed into other hands. Philip
Schaff, in Companion to the Greek Testament and English Version, wrote
of later matters respecting the copyright of the KJV. He noted that
"No
English Bible was printed in America until after the Revolution, in 1782...
Before that time the English copyright prevented the
reprint" (pg. 329, note 1).
F. F. Bruce confirmed this fact in The Canon
of Scripture
"Before
the Declaration of Independence American Christians were debarred by British
copyright regulations from printing the English
Bible"
(pg. 111, note 24). It is of particular interest to find that
after the American Revolution had created a new nation,
"an
effort was made in its first Congress to restrict the printing of the
[Bible] to licensed
houses," but this effort
"was
cut short by the first amendment to the Constitution, and the book was thrown
into the hands of the trade at large, with anything but a beneficial effect
on its general integrity" (Cyclopedia of Biblical, Theological, and
Ecclesiastical Literature, edited by John M'Clintock and James Strong,
Vol. I, pg. 563).
We must take note of what is usually considered
to be the first English Bible printed in America
(though this is expressly denied by Isaiah
Thomas in his 1810 volume, The History of Printing in America,
pgs. 103-4, 196, 401)
because there is some confusion and misunderstanding
surrounding it. I received a letter some time ago that claimed that the KJV
was "authorized" and its publication licensed by the United States' Congress,
as no other Bible has ever been. What was offered as proof of this assertion?
A letter sent to Mr. Robert Aitken of Philadelphia concerning the English
Bible he undertook to publish in 1782. That letter, from the Congress to
Mr. Aitken read
RESOLVED, THAT the United States in Congress
assembled highly approve the pious and laudable undertaking of Mr. Aitken,
as subservient to the interest of religion, as well as an instance of the
progress of arts in this country, and being satisfied from the above report
of his care and accuracy in the execution of the work, they recommend this
edition of the Bible to the inhabitants of the United States, and hereby
authorize him to publish this Recommendation in the manner he shall think
proper.
Anyone who will give this letter a careful
reading can readily see that it does not authorize or license the
printing of the English Bible in any way, but only lauds Aitken for this
undertaking and grants him permission to publish their letter of recommendation.
There is not a word or hint of the authorizing of Bible
printing.
It is evident, then, that the KJV was under
worldwide copyright in all countries ruled by the British Empire from
its first publishing in 1611 until 1782, or 171 years, longer by far than
any of the English Bibles copyrighted and published from 1881 to the present.
God apparently does use copyrighted Bibles sometimes, then, since
the Bible of the Puritans
of Goodwin, Owen, Manton, Watson, Flavel, Brooks,
Baxter, Bunyan, and Henry and
of the Great Awakening of
Edwards, Whitefield, the Wesleys, Brainerd, and Dr. Gill
was a copyrighted Bible.
At the turn of the nineteenth century, the
KJV remained under British copyright. Colin Clair tells us that
"the
exclusive copyright in Bibles was then [i.e., 1804], as now, in
the hands of the University Presses of Oxford and Cambridge and the Royal
Printers, who, at the beginning of the [19th] century, were George
Eyre and Andrew
Strahan." (A History of Printing in Britain, pg.
250 since Clair's
book was published in 1966, it bears testimony to the persistence of Bible
copyrights as late as that date, but I am getting ahead of
myself).
Not only so, but the KJV was still under copyright
in England much later in the century. In the article on the
"Authorized
Version," in M'Clintock and Strong's, Cyclopedia of Biblical,
Theological, and Ecclesiastical Literature, 1871 edition, we read it
stated as a then-present fact that
"in
England, for the sake of insuring accuracy as far as possible, the book
[i.e., the Bible] can only be printed by the universities
[i.e., Oxford and Cambridge], the king's printers, and persons
by them
licensed" (vol. I, pg. 562). Further, Schaff records,
in a letter written by Bishop Wordsworth, May 25, 1881, a statement concerning
who has the
"right" in England
to publish the KJV
I see it stated in some books on copyright,
not, however, without some hesitation, that 'the Sovereign, by a prerogative
vested in the Crown, has the exclusive privilege of printing inter alia
the Holy Bible for public use in the divine service of the Church'
(Godson on Copyright, pg. 432, 437, 441, 454), and that the Queen's
printer and the two ancient Universities [i.e., Oxford and
Cambridge] now exercise the right by virtue of patents from the Crown
...[T]he Queen's printer, who now, concurrently with the two Universities,
enjoys the exclusive right of supplying all copies of the Bible (in the
Authorized Version of 1611) for general use in the public service of the
Church (pg. 335).
The Bible of Carey, Fuller, Rippon, McCheyne,
the Bonars, Livingstone, Ryle, Spurgeon, and Maclaren was a copyrighted
Bible. What has a copyright got to do with whether God will use a translation?
Apparently NOTHING at all.
So, as of 1881, the KJV had been under exclusive
copyright in Great Britain and its colonies for 270 years. But there is more.
To the present day the KJV is published in England under copyright.
Private conversation with Sam Moore, president of Thomas Nelson
Publishers of Nashville, Tennessee, the world's largest Bible publisher,
confirmed that there are currently four license holders with legal authority
in England to publish the KJV
the Universities of Oxford and Cambridge, as
well as William Collins Sons & Co., Ltd, and Eyre & Spottiswoode.
In illustration of this fact, let me note that my father owns two KJV New
Testaments, both printed in England, with one published by Oxford and the
other by Cambridge. Both were purchased new in 1971. Below the respective
coat of arms of each university are the words "cum privilegio." These
New Testaments were printed under copyright.
Jack Lewis, in his book, The English Bible:
From KJV to NIV, gives further testimony on the matter
Those who objected to [the Revised Standard
Version's] being copyrighted should know that all English Bibles, including
the KJV and ASV, were copyrighted when first issued. The King James still
enjoys copyright protection in Britain. It is only right that the purity
of the text be protected and that the investment made by the publisher be
safeguarded (pg. 107)
As if the preceding were not enough to prove
the case, let me quote from the back of the title page of an edition of the
KJV distributed by the Trinitarian Bible Society, and identified as
printed by Eyre & Spottiswoode, with date of printing given as "3-86"
which I assume must be March of 1986
All rights in respect of the Authorized (King
James) Version of the Holy Bible are vested in the Crown in the United Kingdom
and controlled by Royal Letters Patent. No part of this publication may be
reproduced or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, or stored in any retrieval system of
any nature without written permission.
On the possession of Bible copyright privileges
by the Universities, it is common knowledge that the massive amounts of revenue
which have come to the University presses by virtue of this copyright have
been used in part to subsidize publishing of many of the expensive scholarly
works, often with very low press runs, which the university presses have
issued over the past several centuries. And consistent with their holding
the copyright on the KJV, when the English Revised Version (New Testament,
1881; whole Bible, 1884) and the New English Bible (New Testament,
1961; whole Bible, 1970) were published, the University presses were granted
copyright privileges for these versions also. I have copyrighted versions
of each, from the University presses, beside me as I
write.
The facts are clear. The KJV is or has
been throughout its existence a Bible under copyright with much money made
by the copyright holders through its publication and sale. This has nothing
whatsoever to do with the accuracy of the translation, just as the matter
of a copyright on the NASB, NIV, or NKJB is wholly irrelevant to the issue
of the accuracy of those versions. The accuracy of any English translation
of the Bible depends not on whether it is copyrighted, or even if it agrees
or disagrees with the translation we are used to, but rather, whether it
accurately conveys in English the meaning of the inspired and inerrant Scriptures
in the original languages of Hebrew, Aramaic, and Greek.
No longer should this foolish argument
concerning copyrights be employed. It is groundless, irrelevant, and
totally untrue. The tragedy with most of the present Bible translation
controversy is that it is based almost entirely on similarly groundless,
irrelevant, and untrue arguments. The fountainhead or source from which this
notion regarding Bible copyrights sprang is apparently Peter Ruckman's first
misguided foray into the subject of Bible texts and versions, The Bible
Babel, published in 1964. I am aware of no earlier use of this line of
argument. In that book, he addresses the subject in an inaccurate and
self-contradictory manner, and the careless reading of this and subsequent
books from his bilious pen have widely diffused this argument. Speaking of
the KJV, he writes [with my comments in brackets]
The Book has no financial copyright. It had
[note the past tense] the 'Crown copyright,' which only applies [note
the present tense] to Bible Publishers in the United Kingdom, and this
copyright does not demand money from anyone who wishes to quote, cite, reproduce,
or print any passage from the A.V." (pg. 15)
and again,
"The King James Bible is
the only Bible in the world that anyone can reproduce, print, or copy without
consulting anyone but God. All other 'bibles,' without exception, are copyrighted
COMPETITORS whose motive was to destroy the
A.V."
[pg. 16; I wonder how a translation can have a motive]
and once more,
"And although the A.V.
has a 'Crown copyright' on it, this in no way affects the USE or the REPRODUCTION
of the Book."
(pg. 17)
and yet once
again, "The trouble is
that the AV is an honest translation. It has no
copyright." (pg. 19).
He seems unsure whether the KJV
was or is under Crown copyright, and he is certainly
wrong about the freedom to publish the KJV in the United Kingdom. His readers
ignored even his limited and inaccurate caveats regarding the copyright of
the KJV and have simply reproduced the remark that it alone of all earthly
Bibles is copyrightfree. It is appalling to see so many led so very
far astray by one incredibly inaccurate writer! It is a veritable theater
of the absurd.
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