We determine fair use on a case-by-case basis, Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 549, 105 S.Ct. 1282, 1287, 113 L.Ed.2d 358 (1991) (quoting Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 556, 105 S.Ct. To succeed in its infringement claim, Arica must demonstrate two elements: "(1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original." [citation needed]. It is so easy for them to identify with another person's point of view that they can see the rightness on all sides of a question. Plaintiff-appellant Arica Institute, Inc. ("Arica") is a not-for-profit educational institution which provides trainings based on the work of the Institute's founder: Oscar Ichazo ("Ichazo"), himself a student of Zen, Sufism, Yoga, Buddism, Confucianism, I Ching, and the Kabbalah. 26, 29-31 (C.D.Cal.1984) (absurd stories); Oliver v. St. Germain, 41 F.Supp. In 2013, 796 Arica residents, including human rights defenders, started legal action in Sweden against Boliden. 449 U.S. 841, 101 S.Ct. [citation needed]. The harbored location makes these beaches unique from other cities in Chile in terms of topography. The Arica system observes that the human body and psyche is composed of nine independent yet interconnected systems. The Arica School ("Arica"), including its organizations, Arica Institute, Inc. ("AI") and The Oscar Ichazo Foundation, Inc. ("OIF"), is committed to the Arica Ethos and in its Code of Conduct states implicitly and explicitly that the Arica Work is available to every person who can benefit. See Harper & Row, 471 U.S. at 564-65, 105 S.Ct. 469 U.S. 823, 105 S.Ct. Cf. Filed: 1992-07-22 Precedential Status: Precedential Citations: 970 F.2d 1067 Docket: 771 The opening paragraph sets forth the book's scope: The Enneagram is an ancient Sufi teaching that describes nine different personality types and their interrelationships. These long-established groups of Ariqueos have been augmented by various later settlers, mostly other criollos and mestizo Chileans from elsewhere around Chile, but also numerous Europeans, who arrived in the 1900s, including more Spaniards arriving from Spain, as well as Italians, Greeks, British, and French. Opinion for Arica Institute, Inc. v. Palmer, 770 F. Supp. This is the warm up that will be used for all of my. Ichazo is considered by many to be the father of the Enneagram of Personality[20] (usually just called the Enneagram) movement which uses an enneagram figure. We have reviewed the district court's dispositions of the Lanham Act and common law unfair competition/palming off claims, and find them to be similarly without error. It is Kenya's biggest infrastructure project since independence from Britain in 1963. This means you can view content but cannot create content. Arica also holds copyrights in approximately forty-seven training manuals, books, and journals ("the copyrighted materials"). That is, the questions come from the Instincts and the Instincts are a result of a pre-existing structure that is the foundation of Mind itself. 188 (S.D.N.Y. It was assaulted and captured on June 7, 1880, by Chilean troops in the last part of their Campaa del Desierto (Desert Campaign) during the War of the Pacific. at 191. Learn how and when to remove this template message, "Biblioteca del Congreso Nacional | Ley Chile", "Chile: Nearly 40 years on, still no remedy for victims of Swedish toxic waste UN experts", 2021, Jean-Franois Dauxion-Lavaysse (circa 1770 circa 1830). The United States District Court, S.D. From such experiences, mechanistic thought and behavior patterns arise as an attempted defense against the recurrence of the trauma. The district court found that Palmer made "fair use" of the three longer passages from Interviews. Transformative practices sometimes involved linking a specific mudra and/or bija with each of the nine points of the enneagram. at 1290. In 2021, UN human rights experts said they were deeply concerned by the continuous devastating impact on Arica of a dumping of toxic waste by a Swedish company nearly 40 years ago. Arica claims that defendants-appellees Helen Palmer ("Palmer") and Harper & Row, the author and publisher respectively of The Enneagram: Understanding Yourself and the Others in Your Life ("The Enneagram"), have infringed on its copyrights. Gurdjieff's figures contain no words "just the star itself, the diagram." Augusto Jos Ramn Pinochet Ugarte was born in Valparaso on 25 November 1915. Inc. v. Wall Street Transcript Corp., 558 F.2d 91, 95-96 (2d Cir.1977), cert. Palmer argues that the idea of diagramming the personality types to express their proper relationships can be expressed in so few ways that "protection of the expression would effectively accord protection to the idea itself." See Feist, ___ U.S. at ___-___, 111 S.Ct. See Arica, 770 F.Supp. Vstgtagrnd 13 Because the enneagram symbol is a discovery (not an invention), the legal issue was not use of the symbol but rather the copyrightability of specific "enneagrams", meaning symbol plus descriptive words (or other information) associated with each point. contreras,ada, director, 31 dec 1995 - dunderdale,roberta, secretary, 31 dec 1995 - http://povmagazine.com/articles/view/idfa-2020-the-just-causes-of-docs-against-capitalism, script and direction LARS EDMAN and WILLIAM JOHANSSON KALN produced by ANDREAS ROCKSN and WILLIAM JOHANSSON KALN co-produced by HANNE PHLYPO, ANDY JONES, ELLIE SMITH, KARL EMIL RIKARDSEN, JOS MIGUEL GARRIDO dop WILLIAM JOHANSSON KALN sound engineer LARS EDMAN editing GRAN GESTER, WILLIAM JOHANSSON KALN animation JOHAN LINDSTRM music composed and performed by PER-HENRIK MENP production LAIKA FILM & TELEVISION in co-production with CLIN DOEIL FILMS, RADIO FILM, RELATION04 MEDIA, ARICADOC, SVT, RTBF and FILMPOOL NORD with the support of THE SWEDISH FILM INSTITUTE, FILM I VSTERBOTTEN, THE SWEDISH ARTS GRANTS COMMITTEE, FILM I STOCKHOLM/FILMBASEN, NORDNORSK FILMSENTER,THE BERTHA FOUNDATION, THE SOLBERGA FOUNDATION, IUCN, NORDIC FILM & TV FUND and CREATIVE EUROPE PROGRAMME OF THE EUROPEAN UNION INTERNATIONAL distribution LIGHTDOX, Laika Film & Television AB 1983), cert. Company Number 777151 Status Withdrawal Incorporation Date 31 July 1973 (over 49 years ago) Company Type Foreign Nonprofit Corporation Jurisdiction New Mexico (US) Branch Branch of ARICA INSTITUTE, INC. (New York (US)) Inactive Directors / Officers. The Oscar Ichazo Membership Outreach Arica Institute Operations The Illiana Hauptmann-Anderson Youth Scholarship Fund Arica Institute Scholarship Funds. www.arica.org The 1929 Tacna-Arica compromise in the Treaty of Lima subsequently restored Tacna to Peru but Arica remained part of Chile. The urban area of Arica has 175,441 inhabitants in an area of 41.89km2. Arica is committed in all areas to providing a work, membership and program environment that is free from unlawful harassment based upon an individual's gender, gender expression, sexual orientation, race, national origin, disability, marital status, military or veteran status, age, religion, or any other legally protected category. The Arica system observes that the human body and psyche is composed of nine independent yet interconnected systems. Germany has nine, including several Max Planck Institutes. Passenger train services on the AricaLa Paz railway ceased in 1996, but as of 2017 there were proposals to restart services from Arica as a tourist attraction (and for freight). Find related and similar companies as well as employees by title and much more. Palmer's allegedly infringing passage reads as follows: Nines can go along with a situation for a long time while still trying to decide. For Arica Institute group trainings, after six months of membership, members may be eligible for partial scholarships. Arica is located at the bend of South America's western coast known as the Arica Bend or Arica Elbow. Chile seized the city from Peru in 1880 during the War of the Pacific, being recognized as Chilean by Peru in 1929. 101 et seq., the Lanham Trademark Act, 15 U.S.C. Chacalluta International Airport is the main airport in Arica and is located 18.5km north of the city. . "The Concept of Colonial and Postcolonial Discourse: A Perspective from Literary Criticism." In Latin American Research Review. More than 20km of beaches, many known for the quality of surfing, span across the Coastal Range in the northern sector. Kregos, 937 F.2d at 707. For example, the Arica Institute has a (declining) membership of less than 650 members. [9], Integral Philosophy is a new philosophical tradition that presents a complete analysis of the human condition from the lowest levels of the human process to the highest States of Enlightenment (Gk. We find the seventy Appendix pages insufficient to demonstrate comprehensive non-literal similarity. ARICA In 1984, the Swedish mining company Boliden had toxic waste shipped to Chile, where it was supposed to be properly processed. "Whether or not a work is published is critical to its nature under factor two because `the scope of fair use is narrower with respect to unpublished works.'" Moreover, access through a third party is legally sufficient, see Nimmer, 3 Nimmer on Copyright 13.02[A] at 13-13, and it is undisputed that Palmer possessed Lilly and Hart's article "The Arica Training" which contains all seven of the labeled Ichazo enneagrams. For fourteen years these different groups studied his teachings. See Arica, 770 F.Supp. The Arica School, based in the United States of America, has influenced thousands of people all over the world. The Arica School, also known as the Arica Institute (which is its incorporated educational organization) or simply as Arica, is a Human Potential Movement group founded in 1968 by Bolivian-born philosopher Oscar Ichazo (1931-2020). inactive directors / officers. Ichazo's goal with regard to the study of the enneagram is to facilitate the recognition of repetitive, mechanistic thinking and behavior in a person's psychological process and to eliminate the suffering rooted in the attachment to, and identification with, these mechanisms (which, Ichazo teaches, attempt to protect us from suffering but actually tend to perpetuate it). As the Supreme Court has recently explained: "[t]he distinction is between creation and discovery: the first person to find and report a particular fact has not created the fact; he or she has merely discovered its existence." Chilean forces occupied the region following the War of the Pacific. Defendant's own statements, however, create a genuine issue of material fact as to whether Ichazo was the first to label the nine points and to use their connecting lines to express relationships between various personality types. [24] In his basic theory, these aspects of the human psyche include the sense of well-being (conservation instinct); the sense of relations with others (relation instinct); and the sense of adapting to our environment (adaptation instinct). Palmer thus builds upon Ichazo's work to further develop our store of knowledge in this area. Palmer testified that she drew on her work with Naranjo, as well as on "an immense amount of material that never was developed through either man, but came through many, many interviews of people with whom I work and from whom I take their stories." [1077] We believe that Ichazo's attachment of labels to the enneagram figure contains the minimal degree of creativity necessary to make it copyrightable. "; and "What is the truth that gives meaning and value to human life?"[3]. Palmer, The Enneagram at 47. at 195; see also Consumers Union of U.S., Inc. v. General Signal Corp., 724 F.2d 1044, 1050 (2d Cir. Young children are self-centered and thus experience disappointment in their expectations because of one of three fundamental attitudes: attracted, unattracted, disinterested. "[34] In July 1990, as part of a settlement with Dimension Books, each of the authors who were part of the lawsuit agreed in writing that "Oscar Ichazo is the sole originator of the theory of the ego fixations and the system of enneagons representing the different functions of the human Psyche. See 17 U.S.C.A. www.folketsbio.se, Acclaimed Arica documentary prompts intervention from United Nations Human Rights Council (UNHRC), ARICA in competition at Human International Documentary Film Festival, Professor Jonas Ebbesson urges Swedish gov to return Bolidens waste to Sweden. [28] The litigation, however, confirmed Oscar Ichazo as the source of the Enneagram of Personality and Fixations, its application, meaning, and related material.[29]. We need consider only Ichazo's creative decision to link the labels with the figure. Follow the lastest from the team on Facebook. [16], For example, each component of the psyche was assigned a corresponding color, which was reinforced through a wide variety of self-development exercises. Arica argues that these repeated uses of the same word demonstrate a "comprehensive non-literal similarity" between the two works. 544 salaries for 168 jobs at The Francis Crick Institute in Peterlee, England. The alleged copying cited at pages 508-509 of appellant's appendix is typical. Vice president and minister of the interior of Chile. The primary difference between modern psychology and his theories is that he proposed a model of the psyche where the instincts, when affected, injured or handicapped, can be liberated to accomplish Unity,[8] whereas modern psychology has preferred to focus on observed behavior. at 1297, which embodies no creativity and is non-copyrightable. Part II, entitled "The Nine Points of the Enneagram," comprises nine chapters each examining a given personality type (Palmer's term for an ego fixation) and beginning with a banner listing of the attributes associated with that type. 6-12 May Macrobert Arts Centre Stirling, 9 &10 May Aberystwyth Arts Centre Aberystwyth, 13-20 May Bertha Dochouse London times tbc, 21st May Phoenix Leicester + zoom Q&A, 29 May Square Chapel Arts Centre Halifax, 31 May Square Chapel Arts Centre Halifax, UN letters include harsh criticism of Swedish government and Boliden mining company 296, 299 (S.D.Cal.1941) (revelations to author by Tibetan spirit). Lightdox ", "What am I doing? Theosis). Arica argues, on two separate grounds, that the district court erred in holding the individual words and short phrases non-copyrightable. His theories about the fixations are founded on the premise that all life seeks to continue and perpetuate itself and that the human psyche must follow universal laws of reality. [6], Ichazo's teachings are designed to help people transcend their identification with and the suffering caused by their own mechanistic thought and behavior patterns. Economically, it is an important port for Chilean ore, and its tropical latitude, dry climate, and the city's beach, have made Arica a popular tourist destination. He was the son and namesake of Augusto Pinochet Vera (1891-1944), a descendant of an 18th century French Breton immigrant from Lamballe, and Avelina Ugarte Martnez (1895-1986), a woman of Basque heritage whose family had been in Chile since the 17th century. Thus, "[f]acts, whether alone or as part of a compilation, are not original and [1075] therefore may not be copyrighted." We therefore agree with the district court that the second fair use factor, the "nature of the copyrighted work," favors Palmer. Palmer has also written that "Ichazo had placed the types correctly on the nine-pointed star, so that the relationships among the types could be verified through interviews". OSCAR ICHAZO, Insights into the Teacher The Philosophy The School. That decision is insubstantial in relation to the work as a whole. The district court held that Palmer had access only to Interviews, thereby narrowing Arica's claim to the 250 or so alleged instances of copying from that work. [14], As a commune, Arica is a third-level administrative division of Chile administered by a municipal council, headed by an alcalde who is directly elected every four years. The city is the capital of both the Arica Province and the Arica and Parinacota Region. Transcript at 222-23. Source: Direccin Meteorolgica de Chile, Jean-Franois Dauxion-Lavaysse, a Frenchman, born in 1770 or 1775, died on 8 July 1829 in Arica. The Arica School can be considered, as Ramparts magazine put it in 1973, "A body of techniques for cosmic consciousness-raising and an ideology to relate to the world in an awakened way."[2]. at 2232-33. at 2232). See Arica, 770 F.Supp. at ___, 111 S.Ct. [23], Ichazo has applied the enneagram figure in connection with his theory of mechanical ego mechanisms which grow out of psychological traumas suffered at an early age in specific aspects of the human psyche. Docket Numbers: Salinger, 811 F.2d at 98. Arica has provided 368 pages to the district court, and 328 pages to this court, documenting alleged copying of words and phrases. The Arica system constitutes a body of practical and theoretical knowledge in the form of a nine-level hierarchy of training programs aimed at the total development of the human being.. Since direct evidence of copying is rare, a court may infer it upon a showing that defendant had access to the copyrighted work, and that the allegedly infringing material bears a substantial similarity to copyrightable elements of plaintiff's work. It relies principally on seventy pages in Appellant's Appendix showing instances in which Palmer has used the same word as Ichazo. den. 1 Nimmer, Nimmer on Copyright, 2.11[B] at 2-159. Ichazo concededly did not originate the centuries-old enneagram figure, a nine-pointed star within a circle with straight lines connecting the various points. The 20082012 alcalde is Waldo Sankn Martnez (Independent).[1]. 478, 479 (S.D.N.Y.1919), dealt with historical works containing chronological narrations of events. 1056 (S.D.N.Y.1991). den. Ichazo's theories are based upon such traditional metaphysical questions such as: "What is humankind? 102(a)(5) (West Supp.1992) ("pictorial, graphic and sculptural works" entitled to copyright protection). Arica, 770 F.Supp. Near the city is the Azapa Valley, an oasis where vegetables and Azapa olives are grown. The current case, however, does not present such a "merger" of idea and expression. [They] reflect something real in human nature itself. Arica, 770 F.Supp. The National Migration Institute (Inami) of that country already estimates there are 147,000 undocumented immigrants stuck there, including 18,883 Haitians who have submitted requests for humanitarian asylum to the Mexican Commission for Refugee Aid (Comar). [10][11] This body of teaching includes the analysis that Ichazo originally termed Protoanalysis, and Ichazo's Enneagram of Personality. Id. The commune of Arica is composed of 19 census districts. The city serves a free port for Bolivia and manages a substantial part of that country's trade. You can access the new platform at https://opencasebook.org. By understanding the fixations and practicing self-observation it is believed that a person can reduce or even transcend suffering and the fixations' hold on the mind. [3]In addition it is the end station of the Bolivian oil pipeline beginning in Oruro. Arica has successfully established Palmer's access to five of the seven enneagrams which appear in Interviews, a book which Palmer admits to owning. Arica in 2007 had more than 185,000 inhabitants (not counting the inhabitants of the valleys and Lluta Azapa, with that reach almost to the 194.000 inhabitants). For media inquiries contact Laika film & Television AB. [7] He believes he knows all about other people and he doesn't hesitate to tell everyone else. On the one hand, the great increase in military spending over the last decade inevitably gives the impression that the Asian giant aims to replace the United States as the world's largest military power. Before 1980, the term "protoanalysis" was misunderstood to be narrower in scope, used specifically as the name for Ichazo's theory of types, from which the Enneagram of Personality was derived. The first four chapters introduce the historical and theoretical underpinnings of the enneagram figure. Thus, for the purposes of this lawsuit, we must assume that Ichazo has "discovered" the ego fixations. We all search for real love, and the practice provided in this training awakens an experience of a deep and abiding love for all humankind, giving us true happiness, fulfillment, joy, and love in our lives. Argues that these repeated uses of the Pacific region following the War of the enneagram work as whole! Instances in which Palmer has used the same word as Ichazo also holds in. Location makes these beaches unique from other cities in Chile in terms arica institute criticism topography the 20082012 alcalde Waldo. 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