THE MANUAL OF THE OXFORD CAPACITY ANALYSIS (or is it the APA!?)
2004 Appendix, Authorship, Copyright etc.


Who was the author of this manual? I don't know. I've seen two different copies in the Freezone and another (of this or something very similar) while I was Church of Scientology staff. With the two I've seen in the Freezone certainly neither has any authorship attributed to anyone and I don't recall seeing anyone claiming authorship on the Church one either. Nor has there been any copyright notice on the two Freezone versions I've seen - there may or may not have been one on the Church of Scientology version (and which would have quite probably been fraudulent had it even been there as we shall see).

One might assume the author was Julia Lewis (or Julia M. Lewis-Salmen) who was reportedly the originator of the test, but she is referred to as someone in the text as someone other than the annonymous "authors".

As the test has been most extensively used by the Church of Scientology, then one might assume that they own the copyright at least. However, I've checked and they don't seem to have made a claim to any document of this or a similar title. In 1991 there was a supposed "transfer" of copyright to CST of something called the "OCA Test", but this document is not the test. Also there is severe doubt as to whether the 1991 transfer was of the the original 1955 material anyway, as we shall see. And in any event, though the transfer was of works by or co-authored by L. Ron Hubbard or based on works of his, the above document was not written by him. One doesn't need to be a 'document authorship expert' to tell that it simply is nothing like his style. Nor can the manual have been based on Hubbard's work as he doesn't have any similar prior work and, in fact, Hubbard based some of his work on the OCA, rather than the other way round!

It would seem that the original version (of the test in general, not this manual) was by Julia M. Lewis-Salmen according to a couple of web sites I've read (with material from Tom Voltz and Claudia Kasch) and that her version was called the American Personality Analysis (APA). But Julia Lewis never received a cent in royalties from the Church of Scientology to the day she died despite claiming them.

A second version, the Oxford Capacity Analysis, was created in 1959 by Ray Kemp and apparently copyrighted by him (IVy 22). This gives us a contrary fact already, as this manual is supposed to be from 1955 and is called the OCA Manual - but the OCA was not invented until 1959! Is this manual actually the APA Manual and simply re-titled? Seems the most plausible explanation to me.

The OCA version was apparently an alter-ised version, or became alter-ised by the Church as Ray Kemp reportedly wrote to Hubbard in the 70s about it and received a reply that he should consolidate the OCA data in a book. He and Tom Morgan did so, in "Scientometric Testing". And that is something that CST does lay copyright claim to - though, as we have seen above, it is questionable as to whether they owned the source material in the first place. Certainly if "Scientometric Testing" reverted to the original work in the APA (as it was apparently supposed to), then the claim is probably without grounds.

And the reason it is without grounds is that Julia Lewis still had copyright over the APA. Tom Voltz tried to contact her in the late 80s, but found that she had passed away. When her husband, Ken Salmen, offered him the rights, Tom checked in Washington that Julia was the copyright holder and found this to be the case. So the APA copyrights went to Tom Voltz.

Voltz was, at the time, a loyal member of the Church of Scientology and offered them free rights to use the test for religious purposes. However he wished to retain commercial rights himself and this got him into "hot water" with WISE. As a result of this Tom Voltz left the Church of Scientology and, eventually, transfered his rights on to the Zurich company PP Prosys Perception AG owned by Voltz copyright lawyer Dr. Wolfgang Larese.

In the mid 90s there was going to be a court case between Larese and his company versus the Church of Scientology over rights to the test. But this was postponed until 2000. However, I can find no record of the court case proceeding and have no idea what, if any, the outcome was. Did they settle out of court? Who owns the APA now?

And, more to the point, who owns this particular manual? It either isn't from 1955 as it purports to be or it is the APA manual and not the OCA manual. Or perhaps it is neither! Possibly it is a section of "Scientometric Testing" that the Church of Scientology claims they own copyright over but, if it that is a rip off of the APA as it was supposed to be, then the claim is quite possibly without merit - especially as CST would claim ownership of it on the basis of a transfer from Hubbard - but it was never his to transfer. And if this is the APA manual, Julia Lewis wasn't the author anyway, so is unlikley to have been the copyright holder of this particular document, even if she was the copyright holder of the APA test itself. In any event I consider, as webmaster, I have taken more than adequate steps to find out who the owner is or might reasonably be, but the only safe conclusion I can draw is that the document definitely isn't quite what it says it is, has anonymous "authors" and if any valid copyright claim to it does exist, notice to that effect definitely wasn't included in the versions I've got. All rather confusing!

As Julia Lewis herself did not recieve a cent for her work in producing the original test and as the next owner, Tom Voltz wanted the test to be free for religious use, I include it here, freely, as a fuller explanation of the test and for its use in conjunction with the "FCA" on this site.

A couple of links to material I've found on the net about this are:
http://www.lermanet.com/cisar/books/swoe15.htm
http://www.holysmoke.org/cos/oca-test-faked.htm I have taken the liberty of mirroring these two pages here and here so I can be sure this data isn't lost. If the webmaster of either site should feel that this is a liberty too far, they can find my email address here. Also there is more data about Church of Scientology copyrights on fzint.

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The above leave you in Doubt?