Deafula’s most consequential controversy came long after its 1975 release, when the federal government allegedly exceeded the distribution rights granted by filmmaker Peter Wechsberg. In 1977, Wechsberg signed an agreement with the U.S. Department of Health, Education, and Welfare allowing the department to distribute twelve 16mm prints of the landmark American Sign Language vampire film. The arrangement did not authorize the creation of new home-video editions, yet in 1995 the department produced additional VHS copies. Wechsberg discovered what had happened in 1998 and immediately filed a copyright claim before suing the United States. The dispute eventually reached the U.S. Court of Federal Claims in 2002 under the title Wechsberg v. United States. The court concluded that the government had acted improperly by making the VHS copies, but Wechsberg still could not recover compensation because Deafula had not been registered with the Copyright Office when the unauthorized reproductions were made. The ruling left the filmmaker with an official acknowledgment of government wrongdoing but no financial remedy, an especially bitter outcome for an independently produced work created by and for the Deaf community.
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