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was a naval mechanic engineer and that, at the time of the facts of this case, he
worked as a civilian contract employee for the Navy. His contract commenced on
January 1, 1993 and was to remain in full force and effect until December 31, 1993
(supra para. 63(1)). Due to the facts of the instant case, on May 28, 1993, the
Commander in Chief of the Navy passed a resolution ordering the early termination
of said contract, effective on that very same date, based, inter alia, on the allegation
that Mr. Palamara-Iribarne’s stay was “harmful or affect[ed] discipline” in the Navy.
In this regard, the Court takes due account of the fact that, while said contract was
in full force and effect, Mr. Palamara-Iribarne was paid a total of three salaries, as
per the certificate issued by the Navy of Chile. Considering the above and on grounds
of equity, the Court believes that Mr. Palamara-Iribarne missed payment of about
US$ 8,400.00 (eight thousand four hundred United States Dollars) or its equivalent
in Chilean currency. Said compensation is to be paid, within a term of one year, to
Mr. Palamara-Iribarne.
240. Regarding the income lost as a consequence of the deprivation of the use and
enjoyment of his copyright on the book “Ética y Servicios de Inteligencia” (“Ethics
and Intelligence Services”), which was censored, the Court agrees with the State on
the fact that the body of evidence provides certain elements that the Court could use
as guidance to assess an approximate commercial value for the book written by Mr.
Palamara-Iribarne at the time of publication. In this regard, it has been duly
demonstrated that the business of Mrs. Stewart-Orlandini did issue, on one occasion,
an invoice for the sale of a copy of the book for about US$ 13 (United States dollars)
and that Mr. Palamara-Iribarne was paid about US$ 7 (seven United States dollars)
for another copy.
241. Furthermore, the Court takes due account of the fact that, in order to calculate
potential profit, the costs of the book need to be deducted off such commercial
value. It has been proven that the total cost of publication of about 1,000 copies by
Imprenta Ateli (publishing company) amounted to about US$ 1,650.00 (one
thousand six hundred and fifty United States dollars). The body of evidence in the
instant case shows that a portion of the total price of publication of such edition by
Ateli was settled by the wife of Mr. Palamara-Iribarne, through her business, by
payment of about US$ 1,150 (one thousand one hundred and fifty United States
dollars).
242. Given that the body of evidence does not provide a uniform value for the book
that is conclusive evidence of a single price, and considering the special
characteristics of copyright, the fact that the book had not yet been priced at
bookstores and stores in Chile, that it is not possible to calculate the profits that Mr.
Palamara-Iribarne would have potentially obtained had the book been distributed,
and that the settled costs of publication were as indicated in the preceding
paragraph, based on grounds of equity the Court sets a total sum of US$ 11,000.00
(eleven thousand United States dollars) or its equivalent in Chilean currency,
covering both lost profits and expenses actually incurred. Such compensation is to be
paid within one year to Mr. Palamara-Iribarne, who will in turn deliver to Mrs. Anne
Ellen Stewart-Orlandini such portion thereof as is appropriate to cover the expenses
she actually incurred.
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