Ordo Templi Orientis - Lawyers, Historians and the 'Caliphate' - Fahrenheit 418

ORDO TEMPLI ORIENTIS
copyright information


2000

In 2000, a UK Court has found that from 1935 the owner of AC copyrights as subsisted was the Trustee in Bankruptcy of Aleister Crowley. The Trustee did not authorise any publication of works after that date or otherwise dealt with the copyrights until the 'Caliphate' bought them (so far as subsisting) on 28th March 1991.
On 19th October 2000, the UK Court determined that the 'Caliphate' owns the copyrights. On Wednesday 2nd May 2001, the Judge ordered that "an inquiry shall be held before the Master as in whether copyright subsists in all or any of the works identified in the said substituted schedule [list of AC books to be copyrighted] to the claimant's particulars of claim". On 9th June 2001, Breeze countersigned an additional assignment agreement between his 'Caliphate' and the OR that gives him legal title to the non-literary works (including accrued rights of action) which means that he now has title to all works in which copyrights subsists.
Eventually, John Symonds and Anthony Naylor agreed, faced with a Court telling them that the 'Caliphate' bought the copyrights, that any copyrights that they [Symonds and Naylor] may or may not have held as Literary Executors would be passed to the 'Caliphate'. Symonds and Naylor did not 'admit' that the 'Caliphate' is the 'real' O.T.O.. Fact is: the 'Caliphate' bought the copyrights — they did not inherit them. If they had argued this route of their claim in the Will then they could have proven once and for all their inheritance of the O.T.O. and settled this recurring argument once and for all.

There is a list of AC books copyrighted, the so-called Schedules - the ruling applies to this list, in the UK. Enforcing Rights is a different matter altogether! The 'Caliphate' must prove infringement otherwise the Title is worthless.


Summary

Anthony Naylor resigned from John Symonds' power of attorney. Symonds took his own lawyers. He had not become involved in the next phase i.e. disputing if the copyrights exist, he had still to face infringement. Naylor remained the Literary Executor.
On Wednesday 2nd May 2001, the Judge ordered that "an inquiry shall be held before the Master as in whether copyright subsists in all or any of the works identified in the said substituted schedule to the claimant's particulars of claim".
On 9th June 2001, Breeze countersigned an additional assignment agreement between his O.T.O. and the Official Receiver that gives him legal title to the non-literary works (including accrued rights of action) which means that he now has title to all works in which copyrights subsists.

There are three court orders: one of 19th October 2000 which declares that the O.T.O. (= 'Caliphate') to hold title to all Crowley copyrights (literary and otherwise), another of 10th April 2002 where Symonds, Naylor and Mandrake Press conceded that copyrights were held by the 'Caliphate' in the subset of Crowley works that they had published without permission and a further final "Consent Order" of the later in 2002 which reaffirms the previous court orders, awarding costs & damages totalling £40,000 and including an order to deliver up all printing materials of copyrighted works as well as copies of "OTO Rituals and Sexmagick" and suchlike, as well as assigning copyright & other property which had come to Symonds/Naylor as a result of Symonds being literary executor, which was later confirmed by a separate assignment. There is an allowance in that final court order giving Symonds the right to reproduce Crowley excerpts in "King of the Shadow Realm" and "The Beast 666" (somewhat reciprocated by Symonds giving the 'Caliphate' the right to reproduce "Aleister Crowley, the Devil's Contemplative"), but basically Symonds & Naylor were taken to the cleaners.

With regard to the claims made by Symonds and Naylor re: ownership of copyrights, and regarding the function of "literary executors": literary executors merely administer literary/dramatic/artistic works on trust for the beneficiaries of the Will (in this case the O.T.O.), and are not the owners. Symonds believed that he was the owner of the copyrights, earning money through the sale of books; which is illegal for any literary executor unless he or she is a beneficiary of the Will. Naylor, secondarily thought that Symonds had the right to give him the Crowley copyrights and make him a literary executor (both of which are illegal) & that he should go to court to defend his claims against an eminent QC.
[partly published by Ian Rons at http://www.lashtal.com, taken 29 February 06]





Some background information

Lawyers and Historians: The 'Caliphate' versus the Truth? -- Introduction

the Maine decision 1984   [to the disfavour of the 'Caliphate']      |      the California decision 1985  [to the favour of the 'Caliphate']
Purchase of the copyrights on Aleister Crowley from the Official Receiver (OR)
The 1999 Particulars of Claim ['Caliphate']
Financial Reports 1996-1999 of the 'Caliphate'
Erraneous opinion on the International Copyright Situation. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
What the 'Caliphate' does not want you to know . Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
Crowley's Probate. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
'Caliphate' Capers. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000. Based upon a draft by James Graeb
Structure, Constitutions and Money. Partly written by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
2000, July: An analysis of the Bylaws of the 'Caliphate' and its Board of Directors. By James Graeb
2000, July: Incorporation of O.T.O., Argentum Astrum and E.G.C.
Library of Congress, letter dated September 6, 2000
2000: "Caliphate-O.T.O. Win" and the The Writing on the Wall. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
Court Order of October 2000
James T. Graeb, co-founder and IX° of the 'Caliphate', a lawyer, calls the 'Caliphate' a "Puppet Show Piece" and files suit vs William Breeze, William Heidrick, Marcus Jungkurth et alii in 2001
The 2002 Ruling
The Summary so far

Ordo Templi Orientis - Trade Mark - Starfire Publishing Limited


Some Things

1991 Opinion of a German prosecuting attorney's office on the body of the 'Caliphate' Erfahrungsbericht eines O.T.O.-Mitglieds im Zusammenhang mit dem Gerichtsprozess 'Caliphat' gegen Hänssler-Verlag, 1990 Unsuccessfull attempt in Yugoslavia
Censorship in the UK
The "Caliphate" Book Patrol: Fahrenheit 418
Paul Joseph Rovelli versus the 'Caliphate', New York January 2000
1998, July 17 - 2000 October Austrian situation on Copyrights     [German and English]
Trademark O.T.O.. By Leslie Anne Childress
2007 'Caliphat' Kasino in DeutschlandEnglish translation: 2007 'Caliphate' Casino2008: Honesty is the best Policy: 'Caliphate' O.T.O. / William Breeze lost in a legal case Deutsche Version: Ehrlich währt am Längsten: Warum der O.T.O. gegen P.R. Koenig verlor


Items of Historical Interest

In 1930, Karl Germer sent a description of the Aleister Crowley LTD. to Fernando Pessoa
Karl Germer, L. Wilkinson and Lady Harris


Other Background

The 'Caliphate'
National Grandmasters and OHOs of the O.T.O.
Minutes of the 11 IX°s 'Caliphate' election in 1985 where it was clearly said that the 'Caliph' is not the juro OHO



More about all this in: Andreas Huettl and Peter-R. Koenig: Satan - Jünger, Jäger und Justiz

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