Martha Graham Pirouettes From Court Onto Stage

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A decision handed down yesterday by the Second Circuit Court of Appeals closed the book on the legal fight between Martha Graham’s heir, Ron Protas, and the organization that keeps the master choreographer’s work on stage, the Martha Graham Center. Bringing an end to a five-year legal dispute, the appeals court affirmed a District Court judge’s ruling that seven Graham dances choreographed between 1956 and 1965 — “Embattled Garden,” “Episodes: Part I,””Phaedra,””Secular Games,” “Legend of Judith,” “The Witch of Endor,” and “Part Real-Part Dream” — belong to the center.

This decision “is the period on the end of a very long sentence,” the lawyer for the Graham Center, Katherine B. Forrest, said. “It entirely puts to rest the controversy over the ownership of rights to the dances, the costumes, and the sets.”

The center’s executive director, LaRue Allen, said: “This last court case was a truly last-ditch, desperate effort to change the previous ruling, but obviously, it’s going to stick. We’re pleased to be finished with it.”

The decision means that the center can now focus completely on its work and its finances, which are improving. For more than a year, the company was legally prevented from performing Graham’s works. That situation contributed to the Center’s financial woes; by early 2006, it was $5 million in debt. Now, they have cut the debt in half.

The artistic director of the center, Janet Eilber, said this court decision would eliminate concerns potential donors might have about the company’s legal status. “To any funders, any supporters, anyone who has been reluctant to deal with us as a sustainable organization, this now is a clear declaration that we’re no longer hampered by legal battles,” she said.

As for the company’s financial future, Ms. Eilber said they have done some “belt-tightening” — reducing the number of dancers to 20 from 29. They have also been working with a financial team to reduce the debt.

The legal dispute has been lengthy, with several appeals by Mr. Protas, who declined to comment for this article. It began in January 2001, when Mr. Protas — who had become artistic director and then was ousted by the board — sued the center for trademark and copyright infringement. He also sought a restraining order to prevent the center from using Graham’s name.

In August 2002, the U.S. District Court ruled that the Center owned the copyrights to all of Graham’s dances but one. (After this decision, the company resumed performing.)

Mr. Protas appealed to the Second Circuit Court. In August 2004, the Second Circuit affirmed the District Court’s ruling, with two exceptions. It reversed on one count — granting one more dance to Mr. Protas — and it remanded to the District Court the question of ownership of the seven dances, which it considered unresolved.

The District Court ruled once again that the seven dances belong to the center, on the basis of evidence that Graham had assigned the copyright to the center during her lifetime. Mr. Protas appealed once again, prompting yesterday’s affirmation.

Ms. Forrest described the decision as a victory for the Graham Center: “The Second Circuit affirmed [the decision] in its entirety and with very positive language that confirmed all the positions previously taken by the Center.

Of the seven dances, only one, “Embattled Garden,” is currently in the active repertoire. Ms. Eilber said she would like to revive some of the others, possibly “Part Real-Part Dream,” “Phaedra,” or “Legend of Judith.”

The courts ruled that Mr. Protas owns “Seraphic Dialogue” and “Acrobats of God,” due to a “loophole in copyright law,” Ms. Forrest said. While he owns the rights to the choreography, the Graham Center owns the costumes and the Isamu Noguchi sets.


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