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Against the Grain Volume 27 | Issue 2 Article 35 2015 Notes from Mosier: Now on to Bridgeton Scott Alan Smith Midwest Library Service, [email protected] Steven Chase Midwest Library Service, [email protected] Follow this and additional works at: https://docs.lib.purdue.edu/atg Part of the Library and Information Science Commons Recommended Citation Smith, Scott Alan and Chase, Steven (2015) "Notes from Mosier: Now on to Bridgeton," Against the Grain: Vol. 27: Iss. 2, Article 35. DOI: https://doi.org/10.7771/2380-176X.7059 This document has been made available through Purdue e-Pubs, a service of the Purdue University Libraries. Please contact [email protected] for additional information. Notes from Mosier — Now on to Bridgeton by Steven Chase (Regional Manager, Midwest Library Service) <[email protected]> and Column Editor: Scott Alan Smith (Western Regional Manager, Midwest Library Service) <[email protected]> “When the well runs dry, they know the worth of water.” — Benjamin Franklin tinue apace in several market sectors, leaving libraries with fewer choices. arlier this year we at Midwest began the acquisition of the Richard Abel Company, Recessions and depressions have also taken a discussion regarding the nature of Academic Book Center, Boley (who today their toll. During the dot-com era several new vendors (academic book vendors in even remembers Boley?), John Menzies Li- enterprises emerged. Some spent breathtaking E and unprecedented sums on advertising and particular), but the conversation could apply brary Service, and Readmore, among others to many types of suppliers. Steven coined — all by Blackwell’s (long established as a promotions, including full page color ads in the term “authentic academic vendor” to de- book vendor and subscription agent, retailer, mainstream media. To no avail; when the scribe Midwest Library Service and other and publisher) for an example of the creation dot-com bubble burst the consequences were companies that retain a genuine commitment of a vast empire that could appear unassailable swift and absolute. Those who managed their to delivering consistent, excellent service. to competitors and customers alike. Indeed, in companies prudently tended to survive. Those Accelerating events and market forces that are the late 1960s anyone who suggested that major pursuing a quick return on investment or short- fundamentally re-shaping the vendor commu- academic libraries should trade with anyone term gain tended to fail. nity sparked these musings; we thought we other than Abel would have been thought One tectonic shift in the book trade was would share them with you. naïve or ill-informed. Similarly, Faxon’s the advent of Amazon. Fueled by millions of First of all, there are far fewer vendors to market dominance among academic libraries investor dollars, Jeff Bezos literally changed ponder. In part this is the result of ac- in the 1970s was viewed as virtually consumer behavior. In so doing he condemned quisitions and consolidations; in part absolute. And yet these and other whole market sectors to an untimely death it is due to the general downturn in former giants are no more; some — consider how many great independent the economy; in part the emergence having collapsed with dramatic bookstores, as well as some national chains, of new business models; and in part and catastrophic consequences are no more. Those who assume an attitude the consequence of poor manage- for their customers. of “survival of the fittest” take a calloused ment and bankruptcies. Acquisitions and view of what great bookstores meant to their communities; we are poorer for it. These issues are by mergers, closures and no means unique to the bankruptcies are all We contend that these conditions and library world, but one elements of the busi- developments are not inevitable. Well-man- need look no further than ness cycle; they con- continued on page 44 Against the Grain / April 2015 <http://www.against-the-grain.com> 43 LEGAL ISSUES Section Editors: Bruce Strauch (The Citadel) <[email protected]> Bryan M. Carson, J.D., M.I.L.S. (Western Kentucky University) <[email protected]> Jack Montgomery (Western Kentucky University) <[email protected]> Cases of Note — Copyright Preempts Invasion of Privacy Column Editor: Bruce Strauch (The Citadel) <[email protected]> DEBRA LAWS V. SONY MUSIC ENTER- Laws sued in California state court for the Now Two-Part Test Part A TAINMENT, INC., dba EPIC RECORDS old common law invasion of privacy — appro- Is the misappropriation claim within the UNITED STATES COURT OF APPEALS priation of name and voice. subject matter of Copyright? Copyright FOR THE NINTH CIRCUIT 448 F.3d 1134; Sony removed it to the U.S. District protects works fixed in a tangible medium of 2006 U.S. App. LEXIS 1283. Court, saying her claim was preempted by the expression. And that includes sound record- Debra Laws, vocalist, and Spirit Pro- Copyright Act. And there they won summary ings. It’s fixed when it can be communicated ductions (Spirit) contracted with Elektra/ judgment. for more than a transitory period. You sing, Asylum Records to produce recordings of Appeal sit down and shut up. That’s not fixed. Sony Laws’ performances. Elektra got “sole and had a sound recording. Once a voice is part exclusive right to copyright such master re- And of course we know the U.S. Consti- of it, it can be communicated over and over, cordings” and “exclusive worldwide in perpe- tution gives Congress the power to promote and falls within the subject of copyright. useful Arts and blah blah. Copyright gives the tuity … to lease, license, convey or otherwise Remember Bette Midler? Boy, that’s use or dispose of such master recordings.” holder the right to control the work and either distribute it or withold it. Or produce deriva- showing your age. In Midler v. Ford Motor Elektra also got the right to use Laws’ name, Co., 849 F.2d 460 (9th Cir. 1988), a profes- likeness and bio. tive works, which I guess this is. Blending it in another song. sional “sound alike” had imitated her voice Hmmm. I’m sure they seemed so nice when from “Do You Want to Dance?” Midler they showed her the Cities of the Plain. Sections 301(a) and (b) of 17 U.S.C. didn’t want to do the commercial, so an ad provides preemption. But it does not limit or Next, Elektra contracted with Sony Music agency got a license from a copyright hold- eliminate state remedies outside copyright. Entertainment, Inc. to grant Sony license er. A back-up singer who could imitate her to use a sample of Laws’ recording of “Very You can see where this is headed. She voice did the song. And was told to sound Special” in the song “All I have.” This was signed away her rights. But first, we need a like her. Midler was not seeking damages performed by L.L. Cool J. and Jennifer Lo- two-part test to determine preemption. from the use of the song, but from the mis- pez. Laws got no money. Certainly better than three-pronged. appropriation of her voice. Her voice was I’ve listened to the thing, but don’t get where Laws asserted the common law right to pri- not copyrightable, so this suit was outside her bit was blended in. vacy (appropriation of name or likeness) which of copyright law. Sony then released a Jennifer Lopez is found in every state. Someone Midler was applied in Waits v. Frito-Lay, CD and music video with ten seconds (1) used her identity; (2) Inc., 978 F.2d 1093 (9th Cir. 1992). Tom of the same. The song made money off it or got Waits sued for “infringement of voice.” became a mega-hit with some other advantage; (3) The question was whether Waits’ voice was a net of forty-million weren’t given consent; (4) sufficiently distinctive to give him an action bucks. she’s injured. for appropriation. And I presume that’s af- Sony said this is not ordi- Laws’ voice was in a tangible medium, ter creative music industry narily preempted, but is under and Sony held copyright. The entirety of accounting. the facts of the case. continued on page 45 Firms that support their employees benefit of students and faculty, no matter the publica- Notes from Mosier from stability. Such staff have reciprocating tion date — be it in print or out of print. We from page 43 loyalty, and develop sophisticated skill sets, are capable of providing products and services forestalling the need for constant training and across a wide spectrum. These include EDI aged firms can, and do, uphold high standards re-training of new hires. Just as is true for ordering and invoicing, copy cataloging, and of service. Privately held companies have libraries, vendors create and sustain organiza- shelf-ready books, customized invoicing and an advantage in that they do not answer to tional cultures. Such cultures are of as much reporting, delivery of hard-to-locate and out- shareholders or venture capitalists, whose benefit to libraries as to well-managed vendors. of-print titles, Web access to firm and standing demands for short-term return on investment We also maintain that libraries should not order databases, as well as a wide range of are generally contrary to the interests of their be inured to transparent hypocrisy. collection development services. We continue customers. Additional benefits can be the We at Midwest take pride in over fifty years to pursue informed product development and absence of debt, and ownership of equipment of steady, stable management and operations. new — to Midwest — services. and facilities. Midwest is well known for meeting the needs Thus the authentic academic vendor.

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