HILLIARD, Ohio (WCMH) – Christian education service LifeWise Academy filed a copyright infringement claim against Zachary Parrish, an Indiana man and administrator of “Parents Against LifeWise.”
The Hilliard-based company provides religious education to public school students during the school day in accordance with federal law. Its claim, filed last week, accuses Parrish of using “unauthorized means” to access and distribute LifeWise’s curriculum, which he uploaded in its entirety to the Parents Against LifeWise website and Facebook group.
“He improperly obtained our entire copyright protected curriculum, and he posted to his website without our permission,” LifeWise representatives wrote in a statement to NBC4. “We asked him to remove the curriculum voluntarily, but he has refused to do so.”
Parrish said he stands by his actions, attributing them to part of a larger effort he began when LifeWise was introduced to his daughter’s school several years ago.
“The whole point of the website and the Facebook group is simply to provide the resources and the support for parents,” he said. “I didn’t have that. In 2021, when I started looking around for information about this group, there was none to be found.”
A copyright certificate filed in 2019 protects the LifeWise curriculum. The complaint said only paid employees of LifeWise who have been issued login credentials can access the password-protected curriculum.
In both the complaint and an April 8 police report filed by LifeWise COO Steven Clifton, Parrish is accused of posing as a volunteer to gain access to these documents. Clifton also accused Parrish of hacking into training programs, according to the police report.
Parrish said he received documents that allowed him to access the curriculum after submitting an application with LifeWise. The police report confirms he used his own information to sign up and said it was unclear if a crime occurred.
“The universal password is provided by LifeWise themselves in the training documents and videos,” Parrish said. “I took my regular Gmail account and their universal password and logged in and had full access.”
Before filing the complaint, LifeWise sent Parrish a cease and desist letter on April 9 demanding he stop distributing LifeWise copyrighted materials.
The complaint alleged Parrish responded to LifeWise’s cease and desist letter with a meme that read, “it’s called fair use b----.” Parrish clarified it was a GIF.
A fair use claim would likely look at the intent behind using copyrighted material, how much of the material was used, and the effect on the potential value of the work, according to federal law.
“Posting the entire curriculum is not 'fair use,' and we are confident that the judge will agree,” LifeWise representatives said. “We are hoping to settle this dispute swiftly.”
Clifton also reached out via direct message in June asking Parrish to remove the materials. According to LifeWise representatives, the curriculum is licensed through an unconnected third party. The nonprofit Lifeway Christian Resources created the materials LifeWise’s curriculum is based on.
The complaint said LifeWise entered a white label copyright with Lifeway. White labeling refers to a licensing agreement that allows a company to adapt another company's trademarked materials with permission and even file its own copyright.
In return, LifeWise pays Lifeway an annual licensing fee based on total student enrollment. LifeWise has also agreed to limited distribution, including exclusive use in the U.S. and in a classroom setting.
LifeWise representatives said anyone can purchase the materials LifeWise's curriculum is based on through Lifeway's website. The complaint also accuses Parrish of avoiding these licensing fees.
“We are not legally able to provide it to anyone other than the children we are serving,” Clifton said in the messages.
Ohio law states parents and guardians can examine materials taught to their children in public schools upon request. Although LifeWise serves public school children during school hours, the classes occur off school property and LifeWise is a private organization, not a school, according to tax documents.
“I believe it should be able to be reviewed by the parents who are thinking about signing their kids up,” Parrish said. “I think it’s very shady that they’re not willing to provide this themselves to the school boards or parents.”
LifeWise said it provides a 27-page sample curriculum on its website, which includes select lesson plans. These lessons are similar to those included in the full curriculum but do not include the full list of activity suggestions included in the full curriculum, according to curriculum documents.
The links for each lesson plan are still up on Parents Against LifeWise’s website as of Monday, but the material has been removed for legal purposes. A folder containing the curriculum uploaded to the Facebook group was also removed. Both were taken down by third-party hosts, not by Parrish, according to posts in the Facebook group.
LifeWise is requesting Parrish remove and destroy all copies of LifeWise materials and pay for damages and legal fees. An email to Parrish from LifeWise’s lawyer indicated they would be willing to settle out of court.
