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May 14-20, 2003

artsbeat

After going to Small Claims Court in late January, dancer and choreographer Paule Turner (a.k.a. Duchess) finally received a verdict in his case against the Wilma Theater on April 30. Turner represented himself in his suit, which claimed that the Wilma used a photo of Turner without his permission in an ad campaign for the Wilma¹s 2002-03 season and their second DanceBoom! series. Turner performed in the first DanceBoom! in the 2001-02 season and provided the photo to the Wilma back then to promote his appearance in the festival. Turner was not involved in DanceBoom! this year, but the image he had provided (taken in 1999 of Turner¹s In the Mud, a piece he did not ever perform at the Wilma) was featured in the Wilma¹s season brochure, on bus shelters and on a large banner hanging on the theater itself. Seeking $5,000, Turner accused the Wilma of false advertising, misappropriation of his likeness and invasion of his privacy. At the time, the Wilma admitted that it made a mistake in not getting Turner¹s signed permission to use the photo again, but said it tried to apologize and work things out with Turner and that he refused their efforts to compensate him.

After taking a month to deliberate (the not-exactly-humble Turner muses that this was because Municipal Court [is] so boring and this case was so intriguing that [the judge] probably wanted to savor it for a while), Judge Gwendolyn Conway awarded Turner $1,000 plus court costs. Despite a press release proclaiming Victory for Duchess, Turner says he sees this as only a small triumph, and that he felt more hurt and upset that I had to go through this to prove to the Wilma and to the Philadelphia dance community that I was right. Turner claims the judge seemed too sympathetic to the Wilma, noting their nonprofit status and acknowledging that the Wilma's mistake was just that, and not malicious or intentional. That part I didn't like, Turner says. I have no pity when it comes to their being a nonprofit. I'm an independent artist.

Both sides have until the end of May to appeal the decision, and Turner says he is considering an appeal to get his original request of $5,000, but that at this point he'll probably just let it go. Only people with a lot of money can afford to fight on principle, Turner says a lawyer he consulted pointed out to him. He was basically saying let it go unless you have lots of surplus income, Turner adds with a laugh, which I don't because it's almost summer and I've got to get cute clothes.

A spokesperson for the Wilma told City Paper that the theater had no comment, and would not reveal if they intend to appeal.

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