Cite as 288 F.Supp.2d 544 (S.D.N.Y. 2003)
Upon arrival in California, Skutch Whitson showed the manuscript to Bolen and related the story of how the Work had been prepared without identifying Schucman and Thetford. Bolen became interested and sought a copy. According to Skutch Whitson, she obtained permission from Thetford and Schucman to make a copy of the manuscript for Bolen with the proviso that it not be distributed nor its authors identified. Bolen sent the manuscript out to a copying service and arranged for three copies to be made, at a cost of approximately $50 to $75 each. Skutch Whitson returned and picked up both her original manuscript and the copy Bolen had arranged to be made for her and left the remaining two copies with Bolen who subsequently made one additional copy of the manuscript, which he and his partner, Mr. Hammond, marked up in the course of their review and discussion.
During her trip to California in mid-June of 1975, Skutch Whitson also gave a copy of the Work to Jampolsky because he was a trained professional in the field, and she wanted his opinion and feedback about the value of the manuscript. Consistent with Schucman’s directive, Skutch Whitson instructed Jampolsky not to distribute the manuscript to anyone. Jampolsky complied fully with this instruction.
After this California trip, Skutch Whitson discussed the results with Schucman and Thetford. In her testimony she stated that they felt it was “alright to reduce the manuscript and Xerox it off and put it in whatever kind of binders temporarily.” (Tr. 104) and that subsequently and also after her return from California that Schucman advised her that “he says it must be copyrighted.” (Tr. 105).
In early July Skutch Whitson returned to California with a Xerox copy of the Course.
In July, Skutch Whitson also gave a copy of the Work to Dr. Edgar Mitchell (“Mitchell”), a former astronaut and the sixth man to walk on the moon in 1971. He was the founder of the Institute of Noetic Sciences, and Skutch Whitson was a member of the Institute’s Board of Directors. Mitchell was engaged in parapsychological research at the time, which Skutch Whitson’s foundation ultimately assisted in funding. Skutch Whitson met with Mitchell and sought his advice as to whether the Work was worth pursuing.
Also in July, Skutch Whitson gave a portion of the Work to James Hickman (“Hickman”), an associate of Skutch Whitson whom the Foundation for Inner Peace had sponsored in connection with a research trip to Russia.
David Hurt (“Hurt”) was an engineer associated with the Stanford Research Institute (“SRI”). He worked at SRI with Russell Targ whom Skutch Whitson knew in connection with Targ’s research regarding the outer reaches of human capability. At a luncheon in July or August of 1975, attended by Targ, Hurt, Skutch Whitson, Wapnick, Schucman, and Thetford, Hurt was provided with a number of pages from the manuscript of A Course in Miracles because of his particular interest in Schucman’s experience in “scribing” the Work.
Evidence presented of statements made prior to this litigation support a finding that Zelda Suplee, a friend of Skutch Whitson, was given a copy of the uncopyrighted manuscript by Skutch Whitson, prior to the publication of the Criswell edition. Reed Erickson (“Erickson”) received a copy from Suplee, which he used as a basis for study by a group in Mexico. Erickson was the backer of the first bound version of the Course where he donated 440,000 for the first printing.
