One of the things that Einhorn proposes in his director's manifesto is Standard Directing Notation:
So I propose, based on Mr. O'Connor's suggestion and Judge Kaplan's objections, that there be a system entitled Standard Directing Notation (SDN), for use in copyright matters. As I say, it already exists to an extent, in a casual form. But giving something a name (not to mention an official-looking abbreviation) makes it more tangible. It is equally valid, of course, with or without a name, but by having a professional standard that can be referred to in court, it may take us one more step to the very important goal of establishing the right to copyright a director's work.
Although Judge Kaplan certainly delivered a righteous bitch-slap to Edward Einhorn's truly lame and feeble "blocking and choreography" script, this isn't just a notation issue. A "director's copyright" is by definition a derivative work - it cannot exist without a play script. And so even if Edward Einhorn had produced a framed, gold-leafed illuminated manuscript written entirely in "SDN", he would still have been hoisted on the petard of copyright law.
Perhaps Einhorn still doesn't understand the full impact of getting caught defrauding the US Copyright Office. But apparently his brother does - according to our lawyer, it appears David Einhorn is dragging his feet on filing the copyright registration cancellation paperwork. This could possibly be due to the fact that you are supposed to offer an explanation for why you wish to cancel a copyright registration, and Einhorn doesn't want to admit that the copyright was obtained under false pretenses (they never had my authorization, which is a requirement for filing a derivative copyright), and as a lawyer, he should have known better. Hopefully this will be as big a black mark, or even bigger, on the legal career of David Einhorn as violating Disciplinary Rule 7-105 of the Code of Professional Responsibility in the State of New York.
And then of course there's the likelihood that any non-insane playwright, catching a director sureptitiously scribbling his SDN in the margin of the playwright's script, will unceremoniously fire that director's ass. Although if the director in question is Einhorn, I hope there's lots of ceremony. I volunteer to hire a bagpipe band to play a merry jig as Einhorn is escorted to the exit.
To a certain extent it would be the playwright's own fault. With the mighty power of Google searches at everyone's disposal, this tell-all web site and Einhorn's presentation of his SDN scheme on his very own web site, any playwright who would allow Edward Einhorn to get near his or her script is a damn fool. Einhorn should be drummed out of the theatre by the court of artistic opinion and forced to limit his besmirchings to poor dead public domained Frank L. Baum.
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