Sunday, October 07, 2007

The Law's Delay

In his be/not be soliloquy, Hamlet lists the following as possible reasons for suicide:
the whips and scorns of time,
Th' oppressor's wrong,
the proud man's contumely
The pangs of despised love,
the law's delay,
The insolence of office,
and the spurns That patient merit of th' unworthy takes

Waiting for the US Copyright Office to cancel Edward Einhorn's unauthorized copyright registration on his derivative, and laughable "blocking and choreography" script on my play TAM LIN makes me understand why.

The fact that the Copyright Office granted Einhorn the registration is a clear sign there is something wrong with the U.S. Copyright Office itself. Because Einhorn NEVER had my authorization, and was not required by the Copyright Office to provide any proof of authorization whatsoever. Just the say-so of himself and his brother, the lawyer.

It makes the requirement of "authorization" meaningless. And it means that anybody with money can victimize anybody without money through this method - because once the registration is granted, it is up to the author of the original work to prove that it was not authorized.

My ex-partner Jonathan and I were involved in a lawsuit with Einhorn over this, with the expectation that Einhorn's ill-obtained registration would be cancelled during the course of events. It seemed reasonable to believe so. Apparently the US Copyright Office is far far more Kafka-esque than could possibly be believed.

And so The Strange Case of Edward Einhorn v. Mergatroyd Productions continues.

Edward Einhorn would like to believe that the case is over, clearly evident in this public exchange at Playgoer

Anonymous said...
Edward Einhorn? Watch out! He's gonna sue!

Saturday, August 04, 2007 11:55:00 AM
Edward Einhorn said...
I find that an oddly hostile (anonymous?) comment to appear after my posting regarding the Public. It's true that I was involved in a lawsuit a while ago regarding a play I was never paid for that also included some copyright issues. That suit was resolved and I was paid. But that lawsuit was a relatively small incident in my larger writing/directing career and certainly has no relevance to this issue.


I did not post the anonymous comment - apparently Einhorn's reputation precedes him.

With a wave of his hand like a latter-day Marie Antoinette offering dietary advice to peasants, Einhorn proclaims the suit "was resolved." Guess again Einhorn. It will never be resolved until YOU GIVE UP YOUR UNAUTHORIZED DERIVATIVE COPYRIGHT REGISTRATION ON MY PLAY TAM LIN!!!!!

Maybe you think that you have managed to sneak a "directors copyright" in the back door by the persistence of this ill-gotten registration. You think wrong. We will do whatever it takes, through whatever branch of government it takes - to get it cancelled. Because if you get away with this, what's to stop any creep with an agenda from trying the same thing?

Now why don't you go online somewhere and claim that I am defaming you, Einhorn? Oh, that's right, you've already done so, believing you can cow people into silence through their ignorance of the First Amendment.

I have never defamed you, Einhorn, because what I've said is either my opinion of you - which is protected speech - or THE TRUTH - and usually backed with court transcripts - which is also protected.

***

But perhaps I am simply being impatient. It's possible that we won't have to take further legal action, and that the Copyright Office, like any bureaucracy, is simply taking its sweet time. It's the law's delay - and I just have to ride it out.