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Correspondence from Marcelo Motta to Sascha Germer
Marcelo Ramos Motta Caixa Postal 15, Tijuca Rio de Janeiro, ZC-09 Guanabara—Brasil
25 May 1966
Mrs. Sascha Germer P.O. Box 173 West Point, Cal. U.S.A.
Dear Sascha:
Do what thou wilt shall be the whole of the Law.
I was going to postpone writing to you until I had all the data in hand, but this is sufficiently important to warrant my forwarding the information with the least possible delay.
I have, as of this date, translated several Thelemic works into Portuguese (see second part of this letter for this), and they have been circulating in MS; but because I wish to publish in 1969 I went to the Public Library yesterday to inform myself as to Brazilian copyright requirements.
The clerk in charge, a very responsible lady, is extremely well-versed in copyright laws from the whole world; she has, besides, the UNESCO legal publications bearing on literary property laws in all countries.
As you probably know, Book Four Part III (MAGICK IN THEORY AND PRACTICE) has been twice pirated in New York; the first time, some years ago; that edition must have sold very well, so last year they put out a new one. Fortunately, both editions were photocopies of the original. so, Thelemically, it's okay; but legally it is not okay.
I had thought, until recently, that because A.C. did not copyright the book, it was in the public domain, and so we couldn't do anything about the pirated edition. But while I was explaining matters to the lady she asked me several questions, and when I told her that MAGICK IN THEORY AND PRACTICE, though printed in English, was printed in Paris, France, she told me that in this case it is automatically protected.
Now, France belongs to the universal copyright convention (Berne), and the U.S. joined the convention in 6 December 1954. The first pirated American edition was published after the U.S. became a member of the convention, and thereby obliged to respect French law as far as the author's rights are concerned.
Now, the lady is going to do some further research on the subject and I am to go see her again next week; but meanwhile, I suggest you get in touch with the French consulate nearest to you and inform yourself on this; also, get in touch with the Library of Congress and explain the situation.
If you are covered by law, even if you don't have money to pay a lawyer, any lawyer will be willing to take up the matter on a contingent basis; because there have been two editions already within a few years; this means that somebody has been making money at your expense, and the lawyer can collect not only royalties but damages.
Even if you don't get any money out of it (and the lawyer gets it all), at least you will have protected your rights; and you will get publicity for A.C. and yourself, and perhaps an honest offer from an honest publisher, since it has been proven that MAGICK sells!
Most important of all—you will have protected A.C.'s literary rights, and yours. It is wrong, in every sense of the word, that somebody has been making money off A.C. without giving due compensation to those who have dedicated their lives to his work.
I am not talking on a Thelemic or mystical level; on that plane, as long as the text is intact, we of course welcome publication; but on the material plane, it is robbery what they have been doing; and AL itself instructs us: "all must be done well and with business way." (AL III, 41)
Let's not mix the planes! Get on those thieves!
I will write you again as soon as I have more information. Meanwhile, you know enough to start things rolling at your end—of course, if you want to.
Now, to the second part of the letter.
In April of 1964 I had "CALLING THE CHILDREN OF THE SUN" taken out of circulation and destroyed. (About four hundred copies had sold already.) The motive I did this was, I came to the conclusion that the book was not worthy of the A∴A∴
I have several students as of date, two Probationers, and one Neophyte. I have translated the following works of A.C.:
Besides I have written one essay, originally a letter, which I translated into English. I am sending you a copy.
The reason I went to the library here was, I wanted to write you asking you to grant me the translation and publication rights to certain material (more of this farther down). I intend to, if I get your permission, or course, publish all those things I translated, which as of now have been circulating only in MS. A Probationer of mine (now a Neophyte) made several copies of LIBER ALEPH, and a dozen or so has been distributed. This, of course, is not legal, and I wanted to legalize the situation.
I would like to publish in 1969, as the First Equinox in Portuguese:
BOOK FOUR—PARTS I—IV, all in one volume. The edition will contain, in Appendices, all the material in MAGICK's Appendixes. Furthermore, it will contain the Commentary on AL, and—if you permit the inclusion—this LETTER TO A BRAZILIAN MASON manuscript I am mailing you. (It will be included in Portuguese, of course.)
I want to make it a fine book (of course, I will send you a copy for the archives—or do you prefer two? Karl [Karl Germer] asked for two. Let me know. I mean, he asked me to send two copies of anything I publish here. See the letters) in every way, and I think there is a chance that I may swing it. At any rate—I have been translating all this material, and I have no legal right to do so. I wish to legalize the situation if I can.
Incidentally, I was prompted to do this by the fact that the pirated American edition of MAGICK is being sold down here; some busybody (maybe even some Roman tool!) might want to translate it, if they think it is in the public domain. And there you are.
I asked the lady (after explaining the whole situation to her) what were the requirements legally speaking, that I and you must fulfil to have translation rights regularized here. She told me:
1. Death certificate of foreign author of work translated. 2. Death certificate of first legatee, Karl in this case. 3. Excerpt (notarized) of A.C.'s will, giving Karl all rights on his literary material. 4. Excerpt (notarized) of Karl's will, transferring those rights to you. 5. A letter from you, authorizing me to translate (either the above works only, or any other way you like) and publish in Portuguese, this material of which you are the lawful owner.
I know this is a lot of bother, but remember that it will help guarantee your rights all over the world. Besides, you have to do it only once. In Brasil, it isn't necessary to have copyright renewed. It is for life, and transferable to heirs, just like any other property.
Please let me hear from you.
Love is the law, love under will.
Respectfully,
Marcelo Ramos Motta
P.S. Have Weiser, Inc. paid you for the books? I sent them 200 more last year.
P.P.S. I signed this in full because it is, after all, an official requisition for translation rights. Please don't be offended.
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