Rick Baudé Wrote:
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> Here's a question for you the copyright on a work
> lasts till 70 years after a person's death. Now
> the world famous late mime Marcel Marceau
> copyrighted his act. Now since it's copyrighted
> does that mean that nobody can pretend to be
> locked in an invisible phone booth for the next 70
> years? If I do pretend to be locked in a phone
> booth do I have to pay royalties to his estate if
> I do? If I pretend like I'm really locked in a
> portable-toilet or an elevator well I get sued for
> violating the "look and feel" of his act? Ah...Let
> the lawsuits begin.
As usual, you present a rdiculous strawman argument when no such restriction exists in Marcel Marceau's copyright.
The technique of Marcel Marceau, or certain gestures Marceau used which were particular to him alone is what is copyrighted -
not the whole art of miming. Further, artistic works, of which Marceau's performance copyright would have been classified, have a limitation of only 25 years of copyright protection -it's
published works which are afforded 70 years of copyright protection to the author after his death.
Since Marceau did not copyright the entire art of miming, but only his techniques and produced acts specific to himself, I suspect you personally could walk against the wind for many years, provided you
don't copy Marceau's make-up, his gestures, or specific acts that
he alone originated and specifically copyrighted.
That is, you can't do that until 25 years after Marceau's death, unless his estate (which may be ongoing: who knows?)
extends that copyright for 20 more years under US copyright law, which means you would then have to wait
45 years after Marceau's death before directly copying his work for your own gain.
Of course, nothing prevents you from creating
your own miming ideas based upon Marceau's work, provided you don't directly plagiarize his copyrighted performance style and techniques.
If you're going to rant about copyright law, at least get it right.
Katherine Griffis-Greenberg, J. D.
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DISCLAIMER:
Not a practicing attorney, and no attorney-client relationship is created. This response is for discussion purposes only. It isn't meant to be legal advice. If you wish legal advice, seek out an attorney in your own state who is familiar with your state's laws and applications thereof.
