Plaintiff Monastery translated works by St. Isaac the Syrian, also known as Isaac of Nineveh, from Greek into English (the copyright subsists in the derivative work, namely the translation). Archbishop (who had settled a previous case with the Monastery) posted Homily 46 to his website. Archbishop seeks to nullify the prior contract, and also alleges fair use. Archbishop’s ‘devotional’ use of the homily was not transformative, and was not fair use. Note: various homilies are excerpted on the Wikipedia page. Image obtained here.
Decision Holy Transfiguration Copyright