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About Last Night

Terry Teachout on the arts in New York City

TT: The fine art of distinctions

January 8, 2007 by Terry Teachout

The Wall Street Journal has posted a free link to my most recent “Sightings” column, which ran in the “Pursuits” section of Saturday’s paper:

What is intellectual property? Who owns it–and who deserves to get paid for it? Playgoers and music lovers don’t often have occasion to ask such rarefied questions, but they’ve lately become important to the producers of a Broadway musical and the members of a British rock group.


– In November the director, choreographer and designers of the Broadway production of “Urinetown” publicly accused the Carousel Dinner Theatre of Akron, Ohio, and the Mercury Theater of Chicago of copying their work without permission and demanded royalty payments in return. The Akron and Chicago companies denied the charges and sued the Broadway production team for defamation.


– Last month a London judge awarded 40% of the copyright of Procol Harum’s “A Whiter Shade of Pale” to Matthew Fisher, the group’s ex-organist. Mr. Fisher, who had asked for 50%, doesn’t claim to have written the song, but he did write the Bach-like organ countermelody heard on the group’s 1967 recording of “A Whiter Shade of Pale,” which sold 10 million copies. Judge William Blackburne called the countermelody “a distinctive and significant contribution to the overall composition and, quite obviously, the product of skill and labor on the part of the person who created it.”


At first glance these two cases may appear unrelated–but I wouldn’t be surprised if they both become landmarks in the evolution of copyright law….

Don’t stop now–there’s much more (including, believe it or not, a highly relevant plug for Erin McKeown’s new CD, Sing You Sinners).


To read the whole thing, go here.

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Terry Teachout

Terry Teachout, who writes this blog, is the drama critic of The Wall Street Journal and the critic-at-large of Commentary. In addition to his Wall Street Journal drama column and his monthly essays … [Read More...]

About

About “About Last Night”

This is a blog about the arts in New York City and the rest of America, written by Terry Teachout. Terry is a critic, biographer, playwright, director, librettist, recovering musician, and inveterate blogger. In addition to theater, he writes here and elsewhere about all of the other arts--books, … [Read More...]

About My Plays and Opera Libretti

Billy and Me, my second play, received its world premiere on December 8, 2017, at Palm Beach Dramaworks in West Palm Beach, Fla. Satchmo at the Waldorf, my first play, closed off Broadway at the Westside Theatre on June 29, 2014, after 18 previews and 136 performances. That production was directed … [Read More...]

About My Podcast

Peter Marks, Elisabeth Vincentelli, and I are the panelists on “Three on the Aisle,” a bimonthly podcast from New York about theater in America. … [Read More...]

About My Books

My latest book is Duke: A Life of Duke Ellington, published in 2013 by Gotham Books in the U.S. and the Robson Press in England and now available in paperback. I have also written biographies of Louis Armstrong, George Balanchine, and H.L. Mencken, as well as a volume of my collected essays called A … [Read More...]

The Long Goodbye

To read all three installments of "The Long Goodbye," a multi-part posting about the experience of watching a parent die, go here. … [Read More...]

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