Teller of magic/comedy duo Penn & Teller wins copyright suit

Illusionist, magician and comedian Teller, one half of the Las Vegas-based magic act Penn & Teller, recently won a copyright infringement lawsuit over an illusion he has been performing for almost 40 years, Bloomberg BNA reported on Thursday.

The illusion is called "Shadows," and involves Teller manipulating the shadow of a rose in a vase and, in doing so, affecting the flower itself. Teller debuted "Shadows" in 1976 and was then registered the trick with the Copyright Office in 1983.

When Belgian entertainer Gerard Dogge posted a similar, videotaped version of the illusion on YouTube titled "The Rose and Her Shadow," going so far as to use the words "Penn" and "Teller" as searchable metadata attached to the video, Teller sued the copycat performer for $150,000, in addition to attorneys' fees. In addition to copying Teller's trick, Dogge made the secrets to the illusion available for purchase online.

According to BNA, "the court awarded $15,000 to Teller instead of his request of $150,000," but did approve his request for a permanent injunction, which disallows Gerard Dogge from performing the illusion in the future. Additionally, the court awarded Teller over half a million dollars to cover attorneys' fees (though he requested nearly $1 million).

This case underscores the importance of copyright protection for entertainers and other professionals, as many businesspeople rely on unique and novel ideas to establish and become associated with a particular niche. Without protecting those ideas, the a business or career's success may be jeopardized by others who try to capitalize on a defining product or concept that hasn't been trademarked.

If your business or livelihood depends on the protection of your intellectual property, contact a business lawyer to discuss your options.

Categorised in: Entertainment Law

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