The Missing Artie Shaw: Update and Retraction
Sometimes enthusiasm gets the better of me. I’m one of the multitudes out there–and I’m presuming there are multitudes–who have wanted to view the 1987 Academy Award-winner for Best Documentary film, “TIme is All You’ve Got,” the project that focused on that enigmatic jazz genius, Artie Shaw.
A lot of material, said not to exist, said to be lost or said to be pulled from distribution, has surfaced over the years, including the Krupa./Rich drum battle on the Sammy Davis, Jr. television program of 1966, the meeting of Rich and no less than Jerry Lewis on The Colgate Comedy Hour of 1955, and other gems.
Imagine my glee when I thought I might actually see a copy of “Time is All You’ve Got.” Because it seemingly disappeared from view so long ago, I figured it had been hung up in litigation, fallen into the public domain, was never copyrighted and/or simply vanished. On top of everything, I had the audacity to say that if I got a copy of it, I would do everything possible to make it available to JazzLegends.com visitors.
The fact is, I cannot, and will not, and never will.
Bottom line is, producer/director Brigitte Berman owns the copyright and all rights to the documentary. I hereby acknowledge that I hold no rights whatsoever to the film, and that I had no
right to post an article today on my various blogs, offering to make available the film to third parties.
My goal, as most of you know, was, is and always will be, to make these discoveries available to the general public. Sad to say, “Time is All You’ve Got” is one item you won’t be able to get from JazzLegends.com. Ever.
However, and I have nothing definitive to report at this juncture, but I’m getting the sense that the film may be available in the not-too-distant future via standard, legal commercial channels.
When and if that happens, I’ll be first in line to purchase a copy and report on what I know is a remarkable work.
I am still, at heart, a fan, but I failed to realize the ramifications of my enthusiasm. Again, my apologies to Ms. Berman and all involved in this matter.
September 21st, 2009 at 11:59 am
It seems you may have been scolded for the exciting information you provided to your friends on Jazzlegends.com. If that is the case it makes me laugh to think that these people are so protective of the product that they don’t see an oportunity to get the support of someone who reaches real fans who will be the initial core of sales for what they have to sell. You have continued to bring us treasures and information with modest financial gain if any. I guess I am writing to let you know how much many of us appreciate all you do and hope that this silly slap on the hand doesen’t get in the way of your future searches for things we need to hear and see that we don’t even know exsist.
September 22nd, 2009 at 7:47 am
Thanks for your kind words, as always, Richard. However, I was in the wrong, if only because I did not check out the copyright/ownership issue as much as I should, though I certainly tried. There was virtually no information available on this title, other than who was in it, when it was released, and the fact that it won an Academy Award. I investigated litigation issues, but could find no information. My presumption, therefore–however much in errot it may have been–was that the title simply vanished, fell out of copyright and/or was never copyrighted. Imagine my surprise when a collector stepped forward with a good copy of it that he was willing to give me, and was clear that he had no problem with me offering it to JazzLegends.com visitors. Well, it took only a few hours after my piece was posted on several blogs that I heard from not onlyh the producer/director, but their lawyer. What a way to get answers! It turns out that one of my suspicions was true, that it’s been hung up in litigation for years, with none other than Artie “Mr. Warmth” Shaw at the root of the problem. It seems that after the deal was made and the film was released, circa 1987, he tried to change the nature of the deal in mid-stream and wanted either a bigger cut of the pie and/or ownership. Evidently, I wrote my piece at a most sensitive time, in that it appears the film has just come out of litigation after these many years and may be released for broadcast and/or home video distribution soon.