Graham tribute coincides with copyright battle - News - plans of Martha Graham Center of Contemporary Dance offend Martha Graham Trust - Brief Article

Dance Magazine, April, 2002 by Joseph Carman

In the midst of a federal court battle over the rights to Martha Graham's ballets, both parties in the dispute are planning to present tributes in honor of the choreographer. The Martha Graham Center of Contemporary Dance (including the Martha Graham Dance Company) will stage a gala tribute on April 18 to honor the seventy-sixth anniversary of the choreographer's first dance concert. The Martha Graham Trust (headed by Graham heir Ron Protas, who is fighting the Graham Center in court) has decided to postpone a tribute originally scheduled on the same date until later in the year.

Marvin Preston, the president of the board of the Graham Center, said, "We are going to do something to acknowledge Martha's first performance." The all-Graham program, to be announced, will be performed by dancers of the Martha Graham Dance Company, which last performed in May 2000. Rehearsals began in January.

Judd Burstein, the lead counsel representing the Graham Trust, has not sought an injunction to stop the Graham Center's tribute, but insists that the center pursues its plan at its own risk. "It is an act of supreme foolishness for the center to go ahead and perform these works," Burstein said. He stressed that if the copyright portion of the case is decided in favor of the trust, "the center could pay substantial damages," adding, "We will destroy them."

Robert Russo, the administrator of the Martha Graham Trust, said, "The trust feels that while the appeal is pending and the litigation ongoing, it is not responsible or appropriate to stage a gala of this sort at this time and the trust is now planning to produce a gala tribute honoring Martha Graham later in the year."

The first phase of the Graham case dealt with the issue of whether the Graham Center had the right to use the name "Martha Graham," which Protas had trademarked. In August 2001, the trademark issue was decided in favor of the Graham Center, and the trust appealed that decision in December. A three-judge panel from the U.S. Court of Appeals for the Second Circuit is not expected to rule on the appeal until late summer or early fall. "From my perspective, we expect the appeal to go nowhere," said Preston.

The second phase of the case, regarding the copyright ownership of the ballets, is set to begin April 22 in New York City. Federal Judge Miriam Cedarbaum, who adjudicated the trademark issue, will preside.