AWARD OF ARBITRATOR I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the Arbitration
Agreement entered into by the above named parties and dated May 7, and 28, 1996, and having been duly sworn and having duly heard the proofs and allegations of the Parties, find and AWARD as follows:
1. The procedural
objections raised by Claimant in his post-hearing submissions are without basis. Therefore, Claimant's request for a stay and/or reopening of the proceedings is denied.
2. Claimant has failed to
substantiate his claim that his rights have been affected because respondents failed to disclose certain communications with Big Sur Recordings prior to the May 1996 settlement agreement between Claimant and Respondents
(the 1996 Settlement Agreement). Claimant was not shown bad faith by Respondents in their pre-settlement communications with Big Sur. Moreover, this claim is barred by the 1996 Settlement Agreement.
3. Claimant has failed to substantiate his claim that Respondents interfered with his relationship with the Charles E. Tuttle Company of Boston following the 1996 Settlement Agreement. Therefore, Claimant's claim to
damages in the amount of $10,000 for such alleged interference is denied.
4. Claimant has failed to substantiate his claim that because Respondents released to him rights to audio tapes and transcripts, any
literary work of whatever origin and published at whatever time deriving from taped lectures now belongs to Claimant. Pursuant to the 1996 Settlement Agreement, with limited exception, "any and all rights [petitioner
might] have to Alan Watts' written literary works, published or unpublished" were released to Respondents. This release included, by definition, all literary works published by Alan Watts during his lifetime (regardless
of derivation or origin). Therefore, as between the parties hereto, Respondents have the rights to all written literary works, published or unpublished, of whatever origin or derivation existing as of the date of the
1996 Settlement Agreement except as otherwise provided in that Agreement and/or in Exhibit A thereto.
5. Claimant has failed to substantiate his claim that Respondents breached the 1996 Settlement Agreement
by entering into a settlement agreement with Claimant's siblings in 1999. In 1999, Respondents could not, and did not purport to, give to Claimant's siblings any rights that had been given to Claimant under the
terms of the 1996 Settlement Agreement. If Claimant disputes any right asserted by his siblings, the proper course of action is to pursue the matter with them.
6. Claimant has failed to substantiate his
claim that the Society for Comparative Philosophy granted him any right(s) to publish articles and other excerpts appearing in the Alan Watts Journal. Paragraph 3(b) of the 1996 Settlement Agreement releases to Claimant
rights to those specific literary titles set out in the exhibit thereto, "including but not limited to those parts of books based upon Alan Watts' Journal excerpts and/or Alan Watts' articles as they appear in those
titles." That paragraph also provides that certain works published by Claimant after Alan Watts' death and deriving from articles appearing in the Alan Watts Journal revert to Respondents in the event those works go
out-of-print for a period in excess of three months. These publication rights have reverted to Respondents with respect to "The Way of Liberation in Zen Buddhism" and the "La Letter Quarterly" publication listed on
Exhibit A to the 1996 Settlement Agreement.
7. Claimant's distribution of remaindered copies of newsletters obtained from the Society for Comparative Philosophy and distributed by Claimant with the consent
of the Society does not constitute publication, by Claimant, of these works. Claimant's assertion of publication rights on this basis is therefore denied.
8. Claimant has also failed to substantiate the
balance of his claims. Therefore, those claims made by Claimant in this proceeding and not specifically addressed above are denied. Claimant's requests for declaratory and injunctive relief are also denied.
9. Paragraph 15 of the 1996 Settlement Agreement provides that the prevailing party in a proceeding brought to enforce the terms of that Agreement shall be entitled to reasonable attorney's fees and costs. Respondents
are the prevailing party for the purposes of this proceeding. Therefore, Claimant shall pay to Respondents the sum of $13,561.50, representing attorneys fees incurred by Respondents in connection with this proceeding
since Claimant filed his demand for this arbitration on November 22, 1999.
10. The fees and expenses of the American Arbitration Association (the AAA), totaling $538.50 shall be borne by Claimant.
Therefore, Claimant shall pay to Respondents the sum of $13.50 for fees and expenses previously paid to the AAA by Respondents.
