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. See Basic Books v. Kinko's Graphics Corp., 758 F. Supp. 1522, 1537-38 (S.D.N.Y. 1991). It has no applicability in the instant dispute.
- E. First Amendment
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. Sherbert v. Verner, 374 U.S. 398, 409 (1963). "[A] grant of copyright on a religious work poses no constitutional difficulty." United Christian Scientists v. Christian Science Bd. of Directors, First Church of Christ Scientist, 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
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