Letter to the Editor of the New York Times Symposium's Vision Fades in Fight Over Martha Graham's Legacy Subject: Fate of Martha Graham Legacy To the editor: Ron Protas' attempted hijacking of the artistic legacy of Martha Graham at the Frostburg University symposium (Symposium's Vision Fades in Fight Over Martha Graham's Legacy, NYTimes 7/17/2000, p. E1) should serve as a reminder of the significance of the "fair use" provisions of United States Copyright Law. (See Sections 107 and 110.). Congress never intended that the monopoly rights of copyright owners be allowed to trump the public interest when it comes to the non-profit educational use and discussion of copyrighted works. The "fair use" statute (Section 107) specifically permits the unlicensed use of copyrighted work for the purposes of "teaching ..., scholarship or research." Under this authority, Mr. Protas' withdrawal of permission to read from Martha Graham's works and to teach her techniques in class has no merit. Indeed, by withdrawing permission to license these works, the all-important statuary requirement that a "fair use" have no "effect ... upon the potential market for or value of the copyrighted work" is met. Under certain conditions, the right of unlicensed performance is also permitted by statute, yet Frostburg's request to perform one of Graham's works was also withdrawn by Mr. Protas. Section 110 of the US code, which governs the exercise of this right, is more intricately drawn than is the "fair use" provision, but it, too, it intended to establish the right to perform works outside of license "by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution." Rather than cower to the unreasonable and selfish demands of this copyright owner, Frostburg University should take the bold initiative and decide which elements of their program are most clearly protected by the provisions of "fair use." If Frostburg uses these works under "fair use" they may well be sued by Mr. Protas, who has gone so far as to prohibit the symposium from teaching Graham's works. It will then be Frostburg's obligation not to knuckle under, but to assert and prove its right to use these works outside of license, an opportunity Frostburg should eagerly welcome. Legal issues aside, the great shame of this conflict lies in the perception that Mr. Protas seems set to traduce the legacy Graham empowered him to protect and nurture. But, thanks to the foresight of those who drafted our copyright laws, copyright owners may not always be allowed to place their personal and egoistic demands over the legitimate interests and welfare of society. Published: No Previous
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Letter Hits from 10/22/2000 to 3/30/2001 = 046 See AP Story, as follows: [7/18/00] FROSTBURG, Md. (AP) -- Officials at Frostburg State University are scrambling to shield the school from a fight over the legacy of dancer Martha Graham. A three-week program for high school and college students from around the country opened Sunday, but not exactly as planned. Instead of the "Martha Graham Summer Dance Retreat,'' college officials hastily changed the title to "Dance Legends.'' And a performance of Graham's 1934 "Panorama,'' was replaced with that of another modern dance pioneer. The decision came after the school got caught last week in the cross fire over more than 180 Graham works. The dispute pits Graham's legal heir, Ron Protas, against dancers from the foundering Martha Graham Center of Contemporary Dance in New York. The dancers are urging other dance companies not to license Graham's choreography from the Graham Trust, which Protas controls. Protas demanded the dismissal of several teachers who opposed his handling of the Martha Graham Trust. "They told us that we cannot do the repertoire for any performances unless these people are dismissed,'' program organizer Barry Fischer said. Protas was dismissed earlier this year as the dance company's artistic director amid tensions with the board of the Graham Center, the company's parent organization. The board has temporarily suspended operations because of financial turmoil. Previous
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