Can I Write a New Version of the King James Bible and Protect It Under Copyright?

The King James Bible (KJV) is a renowned translation that has been in use for centuries. However, can one create a new version of this public domain text and protect it under copyright? The answer to this question involves a complex interplay of copyright law and the rights associated with religious texts.

Substantial Differences and Copyrightability

To be copyrightable, a work, including a derivative, must be substantially different than any other. This is why we see numerous distinct translations of the Bible—each aiming to provide a unique perspective or readability for its audience. Copyright law requires that the new work offer substantial enough changes to the original work to establish a distinct and new intellectual property. It is not about being more accurate or easier to read; it is about ensuring substantial differences.

Consider the King James Version. While it remains a beloved and respected translation, creating a new version that is significantly different would be necessary to claim copyright protection. Lack of substantial differences in the new version could render any attempted copyright unenforceable.

Translation as a Derivative Work

In the United States, translations are governed by the Copyright Act, which labels translations as derivative works. As a derivative work, any new translation must adhere to the rules and permissions set forth by the original material's owner. Translation - Copyright states that no one can produce a translation without the permission of the original material's owner, and such a translation must comply with any licensing agreements the original creator has provided.

The King James Bible, being in the public domain in most places including the United States, means that a new translation could be copyrighted by the creator. However, this copyright would only apply to the distinct and novel changes and additions made by the translator. If your translation mirrors or duplicates existing translations verbatim, it could still be in violation of other translations' copyrights.

United Kingdom and the Royal Prerogative

In the United Kingdom, the situation is slightly more complex. The rights over the King James Bible are not in the public domain. Instead, they are held as a Royal Prerogative, and all printers need a license from the Crown to publish the KJV. This means that even in the UK, creating a new version without such a license would be illegal.

Public Domain Considerations in the US

In the US, if you are translating a public domain text like the King James Bible, you do own the copyright over your new translation. However, the new translation must be significantly different from existing translations. Otherwise, it could be seen as a mere reproduction of existing work, which would not grant you enforceable copyright protection.

It is quite inevitable that a new translation will use similar language to existing ones, especially considering the public domain status of the King James Bible. However, the likelihood of encountering legal issues is generally low unless the new translation is too closely aligned with existing translations. If you are unsure, consulting with a lawyer is always a prudent step.

Key Considerations: Substantial Differences: The new translation must offer significant and novel content to be copyrightable. Derivative Works: A translation is a derivative work and requires adherence to original copyright permissions and licensing agreements. Public Domain Limitations: In the US, translations of public domain texts can be copyrighted, but the copyright is only valid if the translation is novel. In the UK, additional licenses are required to publish the King James Bible.

Creating a new version of the King James Bible is a complex endeavor, but with a strong understanding of copyright law and the nuances involved, you can ensure that your new translation is both legally protected and distinctive enough to offer value to its readers.