Tumblr sent me the below email this evening. I’m not really sure what post it was for because they deleted it, and for some reason they sent me a link to someone’s reblog of my post. The link goes to a “Post not found” page. So anyway, if you don’t like someone’s Tumblr post, accuse them of a copyright violation, and unless they know exactly which post you’re talking about, you’re home free.
Tumblr DMCA Notice
We have received a notice of alleged copyright infringement against your account, related to the following post: http://detroit-typography.tumblr.com/post/19223107284/unlikelywords-drink-orange-woot.
Pursuant to the requirements of 17 U.S.C. Section 512(c), we are expeditiously removing this content. If you believe this notification was submitted to us in error, please file a counter-notification according to the instructions here: http://www.tumblr.com/policy/en/terms_of_service#dmca.
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Teller, from Penn & Teller, is suing a Dutch magician for copyright infringement for taking one of his illusions.
A Dutch magician with the stage name Gerard Bakardy (real name: Gerard Dogge) saw Teller perform the trick in Las Vegas and developed his own version. Bakardy sells a kitâ€”including a fake rose, instructions, and a DVDâ€”for about $3,000. To promote the kits, he posted a video of his performance to YouTube and prepared a magazine ad. (With the video down, the link points to screenshots from the video filed by Teller in his lawsuit.)
I think the issue is the $3K DVD, and not so much the performance, but I don’t know. Teller’s had the copyright since 1983, and you CAN copyright magic apparently.
So what’s left? According to New York Law School professor James Grimmelmann, copyright law protects pantomimes and choreographic works. So Teller may be able to claim the “Shadows” routine is protected under these categories. Teller describes “Shadows” as a “dramatic work.”
Teller’s case may hinge on exactly how similar Bakardy’s routine is to Teller’s. in a 1983 copyright registration, Teller describes the sequence of actions that make up his performance. Ars Technica was not able to find a copy of Bakardy’s video, so we weren’t able to determine how similar Bakardy’s routine is to the one described in Teller’s copyright registration.
Via Mudwerks / Kayfabe
In a long article in the Awl about the copyright fight over the iconic ‘Keep Calm and Carry On’ posters, this nugget that very few people actually saw the poster until 2001.
Meanwhile, Sitzkrieg or no, the MoI was lumbering onward. The first two posters produced in 1939 were: "Your Courage, Your Cheerfulness, Your Resolution Will Bring Us Victory" and "Freedom is in Peril: Defend It With All Your Might." Two and a half million of the third were printed. They read, "Keep Calm and Carry On," and these last were held back in anticipation of the rain of bombs that was expected the moment war broke out. They were meant for a crisis that didn’t in the event occur. For that and a few other reasons, the British public never saw them.