Page:Penguin Books v. New Christian Church.pdf/14

, Steinberg, and his cousin Saul Steinberg, and Zelda Suplee.


 * D.&emsp;The Distribution Was Not Limited as to Use

As an initial matter, there is no evidence of a written limitation on use by either Schucman, Thetford or Skutch Whitson. There is no direct evidence of any limitation to distribution by Schucman and Thetford to Cayce, Puryear, Mundy, Dean, and Groeschel. Wapnick and Skutch Whitson, interested witnesses, did testify that they received their copies with the understanding that the Course was to be held in confidence and not further distributed without Schucman’s permission. While Wapnick’s testimony in this regard was unimpeached, Skutch Whitson’s statements were contradicted by her actions, the telephone call to Jampolsky, the offer to make the Course available to Skutch, the transmittal to Bolen, and the subsequent review by Hammond.

As found above, after the first trip by Skutch Whitson to California, the decision to permit further distribution was made including the decision to copyright the Course. Meetings were held, and, as found above, additional xerox uncopyrighted copies were distributed as stated by Skutch Whitson in comments made two years later, statements that were consistent with later statements and remained uncorrected until repudiated in this litigation.

Even if the distribution of copies had been limited to a selected group, the publication will nevertheless be general, unless there is an express or implied limitation as to the specific purpose for which such copies may be used by the group to which it was distributed. Kakizaki, 811 F Supp. at 131. Recipients’ common interest in the subject matter is not a limited purpose. White, 193 F.2d at 747.

An author’s lack of personal knowledge or friendship with persons that receive the work is indicative that a distribution was not limited as to the group or the purpose. White, 193 F.2d at 747.

At the time of distribution Schucman did not know or had not met James Bolen, Gerald Jampolsky, David Hammond, Herbert Puryear, Hugh Lynn Cayce’s son, the Steinbergs, Reed Erickson or Edgar Mitchell. Additionally, Skutch Whitson, Wapnick, Mundy and Dean were virtual strangers to Schucman at the time she gave them or allowed them to have a copy of the Course.

The distribution of the uncopyrighted work must preclude recipients from reproducing, distributing or selling any copies. Continental Casualty Co., 253 F.2d at 706–07.

A limited distribution cannot be a geographically limited distribution but is limited by the class or group of people a work is given to. ''Acad. of Motion Picture Arts and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446, 1452 (9th Cir.1991) (distribution only to winners of the Academy Award.); Burnett v. Lambino'', 204 F.Supp. 327, 329 (S.D.N.Y.1962) (distribution to possible producers of a play for inducing production was to a limited group); King v. Mister Maestro, Inc., 224 F.Supp. 101 (S.D.N.Y.1963) (distribution of speech to members of the press was to limited group for purpose of news reporting).

Skutch Whitson at trial sought to contradict her earlier statements on the audio-tapes that (i) Schucman and Thetford did not object to the Courses’Course’s [sic] distribution in California; (ii) that 100’s of people acquired copies in California; and (iii) people were running off copies as fast as possible, by asserting that these statements were merely oratorical hyperbole.