Page:Penguin Books v. New Christian Church of Full Endeavor.pdf/51

 The defense of copyright misuse applies when a plaintiff has allegedly extended the copyright monopoly in a manner that constitutes an unreasonable restraint of trade. , 758 F. Supp. 1522, 1537-38 (S.D.N.Y. 1991). It has no applicability in the instant dispute.


 * E.

Defendants claim that Plaintiffs' enforcement of its alleged copyright would prevent Defendants' members and students from engaging in the practice of their religion, in violation of the First Amendment.

A valid copyright in a religious work "reflects nothing more than the governmental obligations of neutrality in the face of religious differences," and does not represent government activity that violates the First Amendment. , 374 U.S. 398, 409 (1963). "[A] grant of copyright on a religious work poses no constitutional difficulty." , 829 F.2d 1152, 1159 (D.C. Cir. 1987). Consequently, if Plaintiffs otherwise prevail on their copyright claims, enforcement of such claims against Defendants will not violate the First