Louisiana Monks face jail time for selling hand-made funeral caskets

Another example of economic protectionism by the federal government.

Institute For Justice:

Under Louisiana law, it is a crime for anyone but a licensed funeral director to sell “funeral merchandise,” which includes caskets.  To sell caskets legally, the monks would have to abandon their calling for one full year to apprentice at a licensed funeral home, learn unnecessary skills and take a funeral industry test.  They would also have to convert their monastery into a “funeral establishment” by, among other things, installing equipment for embalming human remains.

The monks face crippling fines and up to 180 days in jail.

Here are the details of the case from the Institute of Justice website.

Sphere: Related Content

August 13, 2010   Posted in: Racist News |

Fair Use Disclaimer

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Under the 'fair use' rule of copyright law, an author may make limited use of another author's work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights.

Fair use as described at 17 U.S.C. Section 107:

"Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phono-records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  • (1) the purpose and character of the use, including whether such use is of a commercial nature or is for or nonprofit educational purposes,
  • (2) the nature of the copyrighted work,
  • (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and
  • (4) the effect of the use upon the potential market for or value of the copyrighted work."
    •