Theos-Talk Archives (February 2001 Message tt00169)

I refer to the statement published some time ago on Theos-World by Dallas in which he stated that: ³I understand that Prof. John Cooper of Australiawas in the process of editing in 2 volumes HPBıs letters and the first volume is ready for printing. The second volume is being edited for him as his recent death interrupted this work.² I have no way of knowing whether this statement is based on information from the Theosophical Publishing House, Wheaton. However, as the agent of Johnıs family in this matter, I feel obliged to offer the following statement. I apologize the the length of the statement, but I consider that those interested in Theosophical history ought to know what has been happening. The ³two volumes² would, indeed,be some five or six volumes if all the correspondence collected and compiled by John was published.
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STATEMENT REGARDING DR JOHN COOPERıS COMPILATION OF 
THE COLLECTED CORRESPONDENCE OF MADAME BLAVATSKY

Since the death of my esteemed colleague and friend, John Cooper, many people have contacted me and others regarding the future of the volume of Madame Blavatskyıs correspondence which John had compiled and edited (and for which he was posthumously awarded his Ph.D.).

The first volume of the HPB correspondence was originally compiled with theintention that it would be published by the Theosophical Publishing House,Wheaton, and John had entered into a contract with that publisher.

Following Johnıs untimely death on May 12, 1998, his widow, Shirley, received a number of letters and telephone calls regarding the volume of the HPB correspondence, and Johnıs library and archives. She found many of these communications intimidating and intrusive, and, in a least one case, received a letter which was rude and threatening. Johnıs family therefore asked me to act as literary executor on behalf of his estate, and to undertakeall correspondence and discussions regarding the proposed publication of the HPB correspondence, and Johnıs library and archives.

Acting on behalf of Johnıs family, on June 29, 1999 I wrote to Dr John Algeo, of the Theosophical Society in America, in response to a number of letters from him to Mrs Cooper. I advised Dr Algeo that I was acting on behalfof the family, and that neither Mrs Cooper nor Johnıs children wished tobe involved in future discussions regarding the proposed publication otherthan through me as their agent. I both faxed and mailed this letter to Dr Algeo, and, when I had not received a reply by August 24, 1999, I again wrote to him, again faxing and mailing the letter.

Dr Algeo replied on August 24 (by fax), but appeared to believe that, with Johnıs death, all rights in the material he had collected for the proposed volume had passed to the Theosophical Publishing House, Wheaton, and thatJohnıs family (as the beneficiaries of Johnıs estate) had no rights inthe matter. On the same day, Dr Algeo wrote to Mrs Cooper advising that heproposed to visit her in October, 1999. Dr Algeo also wrote to me again onAugust 30 advising that he intended to visit Mrs Cooper ³to get whatevermaterial I can pertaining to the HPB letters.²

Having consulted with Johnıs family, I replied to Dr Algeo (sending my letter by e-mail, fax and post) on September 3, 1999. I advised Dr Algeo thatJohnıs family did not wish to be involved in any correspondence regarding the proposed volume, or in relation to Johnıs vast collection of material on Theosophical history, and that they had asked me to deal with all such matters. The family had considered having their attorney write to Dr Algeo to make a formal request that he desist from troubling Mrs Cooper with further communications, but I advised them that this would surely not be necessary.

I advised Dr Algeo that Mrs Cooper did not wish him to visit her, and that the family would not release any material to him. I again advised Dr Algeo that I was acting as the agent of the family, and that any further and future communications in the matter of the proposed volume and Johnıs libraryand archives would therefore have to be with me. I advised Dr Algeo that, since he was proposing to visit Australia, I would be happy to make myself available to meet with him in the hope that any difficulties in the publication of the HPB correspondence could be resolved.

On behalf of Johnıs family, I had taken legal advice from an American attorney, and I advised Dr Algeo that his advice (no less than the advice I had also received regarding the Australian legal position) was that Johnıs rights in the proposed volume (and as referred to in Johnıs contract withthe Theosophical Publishing House, Wheaton) had now passed to his beneficiaries (his ³legal successors² in the words of the contract), and that decisions made by the Theosophical Publishing House, Wheaton, with regard tochanges it apparently intended to make (including apparent proposals for deleting or amending correspondence) from the first volume, could not occur without the consent of Johnıs family. I set out the familyıs position regarding matters to do with the copyright of the manuscript of the proposedvolume in some detail, and asked that any proposals for changes to the manuscript be forwarded to me as soon as possible.

I also indicated that the family would provide whatever assistance it couldgive to facilitate the publication of the first volume (which already exists in manuscript form), and of subsequent volumes (for which John had already collected a vast amount of material). I indicated that the family hoped that the correspondence could be published in the Collected Writings series. However, I advised Dr Algeo that any such cooperation would require consultation with the family, and not arbitrary decisions by the Theosophical Publishing House of which the family was simply informed.

I also noted that Mrs Cooper had received what can only be described as an offensive and aggressive letter from an eminent American Theosophist, who is a member of an ³Editorial Board² apparently appointed by the Theosophical Publishing House, Wheaton, to take control of the publication of Johnıs manuscript of HPB correspondence (ignoring the provisions of the contract between John and the Theosophical Publishing House, Wheaton).

I have still not received a reply to my letter (and fax and e-mail) of September 3, 1999.

Dr Algeo was in Australia recently, and I wrote to him at the Australian headquarters of the Theosophical Society, and faxed a copy of that letter to the National President of the Society in Australia asking that she pass it on to Dr Algeo. I sought a meeting with Dr Algeo in an attempt to resolve the outstanding issues raised in my letter of September 3, 1999. I have received a letter from the National President (Ms Beverley Champion) dated January 22, 2001, acknowledging receipt of the letters for Dr Algeo, and stating that she gave the faxed copy of the letter to him. I have received no communication from Dr Algeo.

Having read on Theos-World the suggestion that the first volume of the HPB correspondence was to be published by the Theosophical Publishing House, I wrote to the Theosophical Publishing House informing them that Johnıs family did not give, and specifically refused, permission for such publicationuntil and unless the issues relating to its rights in the matter were resolved.

I subsequently received a letter from attorneys acting for the TheosophicalPublishing House, Wheaton, and the Theosophical Society in America. This letter made a number of remarkable assertions. For example, it asserted thatthe Theosophical Publishing House and the Theosophical Society in America ³currently hold the copyright on the H.P. Blavatsky Letters², and that ³Any obligations or duties of my client under the contract with Mr. Cooper would have terminated upon his death.² Just how copyright can be held on letters written or received over a hundred years ago remains unexplained,as does the question of how any rights in relation to letters found or obtained by John independently of the Theosophical Publishing House can now beclaimed by them.

The letter further asserts that John acknowledged that all rights in relation to all letters were held by the Theosophical Publishing House. Although I have searched extensively, I have been unable to find in Johnıs files any such sweeping acknowledgement.

The letter notes that ³It is not the intention of [the Theosophical Publishing House] to utilize any editorial notes or introductory essays of Mr Cooper with respect to any published work of the H.P. Blavatsky Letters.² This, presumably, means that any volume of HPB correspondence published by the Theosophical Publishing House, Wheaton will not include any material written by John, any editorial comments compiled by John, or any letters obtained as a result of Johnıs independent research.

The letter concludes with a predictable legal threat of court action shouldany attempt be made to publish (other than with the Theosophical Publishing House) any material relating to the HPB correspondence.

I have referred the attorneyıs letter to a US attorney (since copyright and contract law may well be different in the USA to Australia).

Johnıs family is eager for the HPB correspondence to be published, but itwill not allow the Theosophical Publishing House, Wheaton, or Dr Algeo, oranyone else, to simply take over the rights in the publication which the contract between John and the Theosophical Publishing House, Wheaton, specifically declares to lie with John or ³his successors². John spent many years and much effort and money in his collection of and research into the HPB correspondence, as is evidenced by the vast collection of material in his archives. His doctoral thesis (which was, essentially, intended to be thebasis for the first volume of the HPB correspondence) provides evidence ofthe extent of material he gathered independently of the Theosophical Society in America or the Theosophical Publishing House, and of his diligence inensuring scholarly accuracy and impartiality in presenting the correspondence.

It is entirely probable that Dr Algeo has no wish to deal with me. However,I am the agent of the estate of John Cooper in this matter, and it will therefore not be possible for the publication of the proposed volume to proceed unless the Theosophical Publishing House, Wheaton, is prepared to communicate with me, to recognize the rights of Johnıs family in relation to the proposed volume, and to respond to their requests.

John had wanted a clause included in the contract that specifically assigned the right to determined ³what is published in the letters² to him (orhis successors)[clause 1(g)]. John deliberately had this clause included in the contract. He was (as he told me on several occasions, including on the night before his death, and as he told others) concerned that attempts might be made to inappropriately edit, ³censor² or amend the text of the HPB correspondence. As I have written to Dr Algeo, Johnıs family is quitewilling to consider editorial changes, but it is not prepared to allow them until and unless any proposed changes are explained and justified to them, and approved by them.

Thus, unfortunately, the proposal to publish the first volume of the HPB correspondence remains stalled. Interest has been expressed by several otherspublishers in the possibility of taking on the project, and this option iscurrently being explored.

I must say that I have been totally appalled by the arrogant attitude of the Theosophical Publishing House, Wheaton, in this whole matter. The distress that has been caused to Mrs Cooper is scandalous, and, coming from an organization that lays claim to principles of ³Universal Brotherhood² evenmore so.

The first volume (at least) of the Blavatsky correspondence will - eventually - be published, in its entirety and without ideologically based censorship, whether by the Theosophical Publishing House, Wheaton, or by one of theother publishers who have already expressed interest in taking over the project. John was a close friend and collaborator of mine for more than twenty years, and I will do all within my power to ensure that his scholarly standards and professional integrity are not diminished after his death.