The U. S. District Court in Nevada has spoken (not from behind the curtain, either). Judge James Mahan stated in a decision handed down March 21 that magician Gerard Dogge had infringed on magician Teller's copyright in the "Shadows" performance. Remember that case? Yes, the wheels of justice do grind exceedingly slowly (and expensively) but they get around to business eventually. Judge Mahan found that, contrary to the defendant's assertions, the Copyright Act protects dramatic performances as well as pantomines. What's going to the jury? The damages claim: a jury will decide whether Mr. Dogge's infringement was willful or not--willful infringement is incredibly more painful, in terms of dollars, to the defendant. Also going to the jury is Teller's unfair competition claim.
The Hollywood Reporter article mentions the Robert Rice copyright litigation against Fox; I discuss a little about magicians and IP law to protect against infringement in earlier posts here and here.
Collected list of Teller v. Dogge documents here.
More on magicians and IP lawsuits here.
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