Page:Penguin Books v. New Christian Church of Full Endeavor.pdf/30

 dictated, but were initially the impulse of Schucman and those others, with Schucman then "checking" to see if the changes would pass muster with Jesus, a process quite similar to that used by the Contact Commission. Significantly, the initial creative spark for these changes came from Schucman and the others, not from Jesus, and, as in, materially contributed to the structure of the Course. These editorial changes thus satisfy the "minimal degree of creativity,", 499 U.S. at 346, required by copyright law.

Defendants, in their memoranda of law, play down the editorial contributions of Schucman, stating that she was only a scribe taking dictation. This is not borne out by the evidence, however, even when viewed in the light most favorable to Defendants. Schucman's interaction with the Voice was similar to the Contact Commission's interaction with the divine beings in : although in each instance the non-human author had the final say, the humans had at least some input into, and effect on, the form and content.

Thus, the Course can be protected as a particular compilation of facts, where the originality lies in the arrangement and selection of the material.