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Howdy Doody, Arts Claimed, Detroit Institute, Rose Family, Double Doody, Rhode Island, Christopher Droney, Extensive Puppet, Punch and Judy, Kermit the Frog. Case study for law students.
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Judge Rules Original Puppet Belongs To The Detroit Institute Of Art
HARTFORD, Conn. Jan. 25, 2001 http://www.cbsnews.com/stories/2001/01/25/entertainment/main267086.shtml
Buffalo Bob Smith and Howdy Doody. (AP)
(AP) The original Howdy Doody puppet belongs with the Detroit Institute of Arts, no strings attached, a federal judge ruled.
The ruling settles a dispute between the museum and the family of Rufus Rose , the puppeteer of Howdy Doody, over who owns the 1950s television star. The ruling was dated Tuesday and issued publicly Thursday.
The Detroit Institute of Arts claimed that Rose, who died in 1975, promised to give the original Howdy Doody to the museum. The Rose family argued that no such promise was ever made and that the grinning, freckle-faced puppet they have may not even be the original.
Several copies of Howdy Doody were made, including a stunt "Double Doody." The puppet in question, estimated to be worth $50,000, is being stored in a bank vault in Rhode Island.
U.S. District Judge Christopher Droney found that letters between Rose and NBC showed that Rose intended for the museum to have Howdy Doody for its extensive puppet collection.
"Although there may be a question as to whether this Howdy Doody puppet was exactly
the same in 1960 after the wear and tear of over 2,000 shows ... there is no question that the puppet now in the Rhode Island bank and subject to this case is the same that existed at the end of the show," Droney ruled.
The museum, which also houses Punch and Judy, Kermit the Frog and other puppets, said it was pleased with the ruling.
"Along with our many historic puppets, Howdy Doody will be cared for under the highest standards of museum conservation and will be exhibited for the enjoyment of the public," museum director Graham Beal said.
The Rose family is deciding whether to appeal, said their lawyer, Mark Block.
"Naturally, we're disappointed with the decision. We'll take a good, hard look at it," Block said.
Updated May 4, 2000, 3:18 p.m. ET http://www.courttv.com/archive/people/2000/0504/howdy_ap.html
HARTFORD, Conn. (AP) — Say, kids, what time is it? It's federal lawsuit time!
Representatives from a Detroit museum and the family of the Connecticut puppeteer who created Howdy Doody — the freckled-faced marionette that entertained millions of American children in the 1950s — are set to meet Friday in court in Hartford to try to resolve an ownership dispute over the Doodyville cowboy.
Both sides have asked U.S. District Judge Christopher Droney to decide the case without a trial.
The Detroit Institute of Arts contends NBC and puppeteer Rufus Rose intended to donate the original marionette to the museum's puppet collection.
The Rose family argues that Rose did think about leaving the doll to the museum but was not legally obligated to do so and left no such provision in his will. In any case, the Rose family says, the Howdy it has is not even the original. It says the original's whereabouts are unknown.
The Howdy in dispute is stored in a bank safe deposit box in the meantime, but the Rose family won't say where.
Museum attorney Stuart Rosen warned that the Rose family is planning to sell the doll, which has been appraised at $50,000. At the Detroit museum, which contains more than 850 puppets from around the world, "they know how to deal with puppets of this vintage," Rosen said.
The judge gave lawyers two weeks to submit written arguments. No date was set for a ruling.
The Howdy Doody Show was the nation's first ever nationally broadcast children's television program and NBC aired more than 2,500 live episodes of the show with Howdy, Buffalo Bob Smith, Clarabell the mute clown and other characters from Doodyville, U.S.A.
Buffalo Bob would shout "Say, kids, what time is it?" and the kiddie studio audience would scream: "It's Howdy Doody time!"
The puppet was designed by Velma Dawson and operated by Rose and his wife, Margaret, on the television show. Copies of the puppet were taken on the road, and one was bequeathed in 1980 to the Smithsonian Institution. Rose died in 1975, and his widow died in 1997.
By Brigitte Greenberg, Associated Press writer
NEW HAVEN, Conn. -- Howdy Doody, the freckle-faced puppet that entertained millions of American children in the 1950s, is in the middle of a custody battle. A Detroit museum and the family of a Connecticut puppeteer who used to pull the marionette's strings are in a legal tug-of-war for the original redheaded doll in cowboy boots. Howdy is sitting in a safe deposit box in Connecticut while the case plays out in federal court in Hartford. The Detroit Institute of Arts, which has one of the largest collections of historically significant puppets in North America, is accusing Rufus Rose's three sons of purloining the puppet. The museum claims in its lawsuit that Rose and "Buffalo Bob" Smith, the host of "The Howdy Doody Show," agreed years ago to donate the original 27-inch-tall wooden puppet to the museum. "Howdy Doody is one of the most significant TV icons from the '50s and '60s. The original puppet would have great historical significance, both in terms of television history and for a collection of puppets," said Stuart D. Rosen, an attorney for the museum. The Rose family claims that the puppeteer did think about leaving the doll to the museum but was not legally obligated to do so and ultimately chose not to do it in his will. From 1947 to 1960, NBC aired more than 2,500 live episodes of the show. Buffalo Bob, Howdy, Clarabell the mute clown and other characters from Doodyville, U.S.A., were a regular part of the lives of millions of baby boomers. Buffalo Bob would shout, "Say, kids, what time is it?" and the Peanut Gallery -- the kiddie studio audience -- would scream: "It's Howdy Doody time!"
Rose and his wife, Margaret, created the original Howdy Doody puppet and replicas of it at their design studio in Waterford. Copies of Howdy -- without the strings -- were taken on the road for public appearances, and one of those was bequeathed in 1980 to the Smithsonian Institution. In 1970, Buffalo Bob wanted to hit the road again, visiting college campuses and military bases to make a living. In a letter to Buffalo Bob, Rose said he would lend him "the one and only original Howdy," but there was a catch. "NBC conveyed ownership of all the Howdy Doody marionettes to me with the provisions that I not use them in any commercial manner as the characters from the 'Howdy Doody Show,' and that Howdy himself eventually be placed in the care of The Detroit Institute of the Arts," Rose wrote. "I hand Howdy on to you with this mutual understanding and responsibility." Rose died in 1975. Just before Buffalo Bob died last July, he returned Howdy to the Rose family. The family now refuses to hand Howdy over. Frank N. Eppinger, the attorney for Rose brothers, said the letter is not legally binding. Rose's son Christopher said Friday that Howdy Doody has special value to the family. "It's certainly a part of Americana. It's part of my parents' career," he said. Asked if he wanted to sell the celebrated doll, Rose said the family has no plans for the puppet at this point. However, he said Howdy has been appraised at $50,000. Museum interim director Maurice D. Parrish said he considers the puppet to be priceless. "We're talking about the original Howdy Doody," Parrish said. "By having the puppet here, it guarantees that it will continue to be available to the public, and as a museum, we can provide for its preservation." No trial date has been set.