Teller Sues For Copyright Infringement Over Famous (and Beloved) Illusion

From TMZ via iTricks. Teller is suing another (a foreign) magician named Gerard Bakardy (real name Dogge) for disclosing the method behind his famous (and wonderful) illusion "Shadows". Mr. Bakardy had posted a video of his own version of the illusion, called "The Rose & Her Shadow," on YouTube, which has since been taken down, and is selling the secret to the illusion for more than $3000 to all comers. The illusion is slightly different from Teller's, but Teller thinks it's not so different that it doesn't constitute copyright infringement. Since he registered the illusion in 1983, he has filed suit in U. S. District Court in Nevada, requesting an injunction to prohibit Mr. Bakardy from continuing to perform the illusion and continuing to sell his explanation of it, and requesting damages. Why federal court? The Copyright Act is a federal statute. Of course, since the defendant is overseas (presumably), assuming Teller wins his injunction and damages, he might have trouble enforcing it, and/or getting Mr. Bakardy to pay unless he has assets in the U.S. that could be seized. I don't teach copyright, and don't know enough about international IP to know how one would go about enforcing such a judgment abroad.

Here are the relevant sections of the Copyright Act, explaining remedies for copyright infringement.

§ 501. Infringement of copyright

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

§ 501. Infringement of copyright

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a).As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.

(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

Section 411 (mentioned in Section 501) has to do with registration. Without registration, an individual seeking to lodge an infringement action doesn't have access to the courts. Section 501 lays out access to remedies. More about Title 17 (copyright), more than you wanted to know--here.

Teller gives a link to the complaint here (courtesy of one of the Genii fora).

Comments

[A Facebook User]

Although I would like to see original illusions somehow protected from poachers, I can’t fathom how a secret is protected by copyright.

[Anne Stuart]

Well, I guess it would be apt to wish Mr. Teller good luck. It appears that Mr. Bakardy is out of reach, and a legal battle for copyright infringement might not be possible.

[Tom Stone]

Who is talking about "secrets"?
Bakardy performed another performer's original act, without having the performance rights or express permission. Then he offered to sell the act, including the pirated props and performance rights that isn't his to give. That's fraud towards the potential buyer and copyright infringement on Teller's intellectual property. The concept of "secrets" isn't even a part of this equation.