Theos-Talk Archives (February 2001 Message tt00198)

Thanks Doss:

Apparently the TPH thinks they can lock this book away, as they
seem to believe they have a copyright on the FORMAT AND NOTES
that the late Mr. John Cooper wrote, and which presented the HPB
letters he has collected.

The letters themselves cannot be copyrighted.

If he has a valid contract which ought to be specifically voided
if he predeceases any publication then TPH has nothing but a
shell and no content.

That's as I see it.

Dal

================

-----Original Message-----
From: M K Ramadoss [mailto:ramadoss@infohwy.com]
Sent: Saturday, February 24, 2001 7:19 PM
To: theos-talk@yahoogroups.com
Subject: Re: Theos-World HPB Correspondence

We should thank Dr. Tillett in taking the time to keep us all
uptodate on
the present situation on the matter. This would not have been
possible but
for the Internet and the uncensored maillist (thanks to Eldon)
outside the
control of theosophical organization(s).

After many many issues being discussed on this and other
maillists relative
to many organizational and philosophical and personal matters,
nothing
surprises one any more.

Copyright issue seems like a very great stretch by any one
claiming
copyright to HPB letters. (What next? Claim copyright to the Book
of Dzyan
and Ancient Wisdom itself?)

Copyright scholars would be greatly interested about the legal
basis for
such a claim and appears to be an innovative theory which may
give fodder
for many starving attorneys to put food on the table!!!

It looks like the matter may be heading for formal legal
resolution, since
one party has chosen to communicate through attorneys and
everyone should
be interested and should keep tuned.

The developing situation may interest attorneys on this list!

mkr

PS: Has John Cooper chosen to publish his research in a
serialized manner
on the Internet, much of the present situation could have been
avoided.
Also all of us would have free access to the material at no
cost!!! May be
it is a lesson for any researcher currently in the process of
developing
some valuable research which can benefit Humanity immediately,
not long
after everyone is dead and gone!




At 08:34 AM 2/25/01 +1100, Dr Gregory Tillett wrote:
>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
Australia
>was 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.
>-----------------
>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
>the intention 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
>undertake all 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
>behalf of the family, and that neither Mrs Cooper nor Johnıs
children
>wished to be involved in future discussions regarding the
proposed
>publication other than 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 that
>Johnıs family (as the beneficiaries of Johnıs estate) had no
rights in the
>matter. On the same day, Dr Algeo wrote to Mrs Cooper advising
that he
>proposed to visit her in October, 1999. Dr Algeo also wrote to
me again on
>August 30 advising that he intended to visit Mrs Cooper ³to get
whatever
>material 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
>that Johnıs 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
>library and 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 with the 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 to changes 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 proposed volume 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
>could give 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
>publication until and unless the issues relating to its rights
in the
>matter were resolved.
>
>I subsequently received a letter from attorneys acting for the
>Theosophical Publishing House, Wheaton, and the Theosophical
Society in
>America. This letter made a number of remarkable assertions. For
example,
>it asserted that the 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 be claimed 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
>should any 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 it
>will not allow the Theosophical Publishing House, Wheaton, or Dr
Algeo, or
>anyone 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 the basis for the first volume of the HPB
correspondence)
>provides evidence of the extent of material he gathered
independently of
>the Theosophical Society in America or the Theosophical
Publishing House,
>and of his diligence in ensuring 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
>(or his 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 quite willing 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
>others publishers in the possibility of taking on the project,
and this
>option is currently 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 even more 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 the other 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.




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