Sunday, July 9, 2017

Why Did Vernon Duke Steal "April In Paris?"

     It was for the 1932 Broadway Show, "Walk A Little Faster."   The show was a smash hit and subsequently, Duke and his estate earned millions of dollars. So who was the legitimate author? Did he copyright "April In Paris?" Did he ever sue Vernon Duke? Why not? What's his name?
     His name is the Black Throated Green Warbler, he still lives in the Connecticut trees and has been singing "April In Paris" for over two-hundred years! Ask any member of the Audubon Society because they have recordings for verification. But they too are as impotent as the United Nations.
     I have attempted to find a pro bono attorney over the past forty years who is willing to file a law suit in Federal Court against Vernon Duke's estate, demanding a full accounting and a seven figure payment to all Black Throated Green Warblers. The legal community feels threatened by those sweet little birds who have been screwed. That is, no retainer fee up front is available.
     As a pro se, I could institute legal action. But the goody two shoes perverted bird watchers would band together as Friends of the Court and stall my case for years, forcing me to either drop my suit or declare bankruptcy. I prefer to sit it out and wait for some young buck freshly out of law school who is really compassionate about obtaining justice for the birds.
     Another negative factor is the ancient Copyright Law. It was slightly updated in 1978, allowing authors to retain rights until they die, plus seventy-five years. And there's no jail time for plagiarism. Just a slap on the wrist ("don't you ever do that again!") and a $1,000 fine. Maybe. If the thief cries a little, the judge can sentence him or her to 90 days of Community Service.
     When I once had an ad campaign plagiarized, the perpetrator was traced to Claremont, California where he operated a gift shop, with a printing press in the back room. Hmmmmm. And he was distributing my original work nationally as his own! One big display was in a ground floor show window of the Empire State Building. What balls!
     I visited the FBI and an agent gave me number 2,409. That was how many copyright cases were ahead of me for their investigation. Three years later the agent called. They found the culprit had sold his store and moved back to Mexico. Extradition was not possible. Only for rapists, killers and terrorists.
     Where can I contribute to build that wall?
    

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