April 16 (Reuters) - Teller, the silent half of the magic
and comedy duo Penn & Teller, has sued a Dutch entertainer for
threatening to sell the secret behind Teller's signature,
copyrighted illusion known as "Shadows."
According to a complaint filed April 11, Gerard Dogge, known
professionally as Gerard Bakardy, posted a video on Google Inc's
YouTube in which he performed the trick, which he called "The
Rose & Her Shadow."
At the end of the video, Dogge offered to sell the trick,
and threatened to place print advertisements offering to sell it
for $3,050, the complaint said.
Teller said he became aware of the video on March 15 and
directed YouTube to remove it. One week later, he phoned Dogge
and asked him to stop marketing the work, even offering to pay
for it "as it could be more efficient than filing a lawsuit."
But Dogge "countered with a much higher sum," and threatened
to sell the secret if Teller did not "come to terms soon,"
according to the complaint.
Dogge did not immediately respond to an emailed request for
comment. He regularly performs with his wife at a hotel in
Fuerteventura, one of the Canary Islands, the complaint said.
The lawsuit was filed in the federal court in Las Vegas,
where Penn & Teller regularly perform. It seeks a permanent halt
to any copyright infringement, plus damages. Teller's lawyers
did not immediately respond to requests for comment.
"Shadows" is "the oldest, most venerated piece of material
in Penn & Teller's show," and has been performed thousands of
times, according to the complaint.
It involves a spotlight shown on a vase containing a rose,
with the shadow of a rose projected onto a white screen. Teller
then uses a knife to sever leaves and petals of the shadow,
whereupon the corresponding leaves and petals on the rose in the
vase fall to the ground.
According to a certificate of copyright registration filed
with the complaint, the illusion was copyrighted in 1983 by
Teller, a pseudonym for Raymond Teller.
"This gothic pantomime has been performed by its creator
over 1,100 times since 1976," the January 1983 certificate
shows. "It's about time he registered a copyright, don't you
think?"
The case is Teller v. Dogge, U.S. District Court, District
of Nevada, No. 12-00591.
For Teller: Mark Tratos and Peter Ajemian of Greenberg
Traurig.
For Dogge: Not immediately available.
(Reporting By Jonathan Stempel)
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