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Case 1:16-Cv-02725-DLC Document 87 Filed 09/08/17 Page 1 of 66
Case 1:16-cv-02725-DLC Document 87 Filed 09/08/17 Page 1 of 66 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------- X : WE SHALL OVERCOME FOUNDATION and : 16cv2725(DLC) BUTLER FILMS, LLC, on behalf of : themselves and all others similarly : OPINION AND ORDER situated, : : Plaintiffs, : : -v- : : THE RICHMOND ORGANIZATION, INC. (TRO : INC.) and LUDLOW MUSIC, INC., : : Defendants. : : -------------------------------------- X APPEARANCES: For the Plaintiffs: Mark C. Rifkin Randall S. Newman Gloria K. Melwani Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Ave, 10th Floor New York, NY 10016 For the Defendants: Paul LiCalsi Ofer Reger Robins Kaplan LLC 601 Lexington Ave, Suite 3400 New York, NY 10022 DENISE COTE, District Judge: The defendants The Richmond Organization, Inc. (“TRO”) and its subsidiary and imprint Ludlow Music, Inc. (“Ludlow”) (collectively, the “Defendants”) possess two copyrights in the musical composition “We Shall Overcome” (the “Song” or the Case 1:16-cv-02725-DLC Document 87 Filed 09/08/17 Page 2 of 66 “Copyrighted Song”), registered as a derivative work with the Copyright Office in 1960 and 1963. In this litigation, the plaintiffs We Shall Overcome Foundation (“WSOF”) and Butler Films, LLC (“Butler”) (collectively, the “Plaintiffs”) challenge through a putative class action the validity of the Defendants’ copyrights in the Song. The Plaintiffs have filed a motion for partial summary judgment in which they principally argue that the lyrics and melody in the first verse and its identical fifth verse (“Verse 1/5”) of the Song are not sufficiently original to qualify for copyright registration as a derivative work.1 For the reasons that follow, that portion of the Plaintiffs’ motion for summary judgment is granted. -
We Shall Overcome”
"Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that." Dr. Martin Luther King, Jr. ACTIVITIES MARTIN LUTHER KING JR. MARTIN KING LUTHER MONDAY, JANUARY 19, 2015 2015 STATE OF WEST VIRGINIA STATE 2015 COMMEMORATION & CELEBRATION & CELEBRATION COMMEMORATION SPONSORED BY Dr. Christina King Farris is the eldest sister of Dr. Martin Luther King, Jr. and the only living member of the family of origin. Dr. Farris recently retired as the oldest member of the faculty at Spelman College in Atlanta College where she graduated in the same year her brother Martin graduated from Morehouse College. This greeting is an exclusive to the 2015 State MLK Celebration in tribute to West Virginia’s recognition of Dr. King’s birthday as a State holiday before it became a National holiday. To Governor Earl Ray Tomblin and Dr. Carolyn Stuart, Executive Director of the Herbert Henderson Office of Minority Affairs, I bring greetings to the Martin Luther King Jr., State Holiday Commission and the people of the “Mountain State” of West Virginia, where “Mountaineers are always free”. I was surprised and pleased to learn that West Virginia led the nation in declaring Dr. King’s Birthday a State Holiday before it became a national holiday. I understand that this was the result of House Bill 1368 initiated by Delegates Booker Stephens and Ernest Moore which established the King Holiday as a State Celebration in 1982—four years before it was officially declared a national holiday in 1986. I pray that God’s richest blessing be with all who diligently work for justice, equality, and peace in pursuit of my brother’s vision of the “beloved community.” Dr. -
Presidential Results on November 7, 2020, Several Media Organizations
Presidential Results On November 7, 2020, several media organizations declared that Joseph Biden and Kamala Harris won the election for the President and Vice President of the United States. Biden and Harris will take office on January 20, 2021. Currently, President-elect Biden is leading in the electoral college and popular vote. Votes are still being counted so final electoral college and popular vote counts are not available. NASTAD will provide transition documents to the incoming Administration, highlighting agency-specific recommendations that pertain to health department HIV and hepatitis programs. Additionally, the Federal AIDS Policy Partnership (FAPP) and the Hepatitis Appropriations Partnership (HAP), two coalitions that NASTAD leads, will also submit transition documents stressing actions the next Administration can take relating to the HIV and hepatitis epidemics, respectively. House and Senate Results Several House races are still undecided, but Democrats have kept control of the chamber. Republicans picked up several House districts but did not net the 17 seats they needed to gain the majority. Control of the Senate is still unknown with two uncalled seats (Alaska and North Carolina) and two runoffs in Georgia. The runoff races in Georgia will take place on January 5, 2021, so the Senate make up will not be final until then. While it remains likely that Republicans will remain in control of the Senate, if Democrats win both run off races, they will gain control of the Senate with Vice- President-elect Harris serving as tiebreaker. Pre- Post- Party election election Democrats 45 46 Senate*** Republicans 53 50 Independent 2* 2** Democrats 232 219 House**** Republicans 197 203 Independent 0 0 * Angus King (ME) and Bernie Sanders (VT) caucused with the Democrats. -
September 25, 2017 Dear Senators Mike Enzi and John Barrasso and Congressman Cheney: on Behalf of the Eight Institutions of High
September 25, 2017 Dear Senators Mike Enzi and John Barrasso and Congressman Cheney: On behalf of the eight institutions of higher education in Wyoming, we are pleased to submit this joint letter sharing our perspective on the recent actions of President Trump to remove protections from the children of undocumented immigrants. The number of undocumented immigrant children brought to the United States by their parents is relatively small in Wyoming—at least in comparison to states like California and Texas. But the value these young people bring to our state today, and into the future, is large. Immigration is a complex topic, and while Congress should address that issue with measure, we urge you to act with urgency on a single, focused issue to ensure youth currently protected from deportation under the Deferred Action for Childhood Arrivals (DACA) program can continue their studies or employment in the United States. Wyoming’s rapidly aging population, the urgent need to diversify the economy, our reliance on a skilled workforce, and the growing minority population are all facets of the same complex discussion about Wyoming’s future. Wyoming’s population is aging quickly. In June 2017, Dr. Wenlin Lieu, Chief Economist, Wyoming’s Economic Analysis Division, reported “The aging of Wyoming’s population has picked up speed, and the pace was one of the fastest in the country.” Wyoming’s unemployment rate decreased from 5.0 to 3.8 percent from July 2016 to July 2017, largely because the state lost workers who tended to be the younger workforce. The growing minority population helped offset the labor force who moved out of the state. -
Excerpt from President Lyndon B. Johnson's Voting Rights Act Speech
Excerpt from Johnson’s Voting Rights Act Speech Excerpt from President Lyndon B. Johnson’s Voting Rights Act Speech, March 15, 1965 At times history and fate meet at a single time in a single place to shape a turning point in man’s unending search for freedom. So it was at Lexington and Concord. So it was a century ago at Appomattox. So it was last week in Selma, Alabama. There, long-suffering men and women peacefully protested the denial of their rights as Americans. Many were brutally assaulted. One good man, a man of God, was killed. There is no cause for pride in what has happened in Selma. There is no cause for self- satisfaction in the long denial of equal rights of millions of Americans. But there is cause for hope and for faith in our democracy in what is happening here tonight. This was the first nation in the history of the world to be founded with a purpose. The great phrases of that purpose still sound in every American heart, North and South: "All men are created equal"—“government by consent of the governed”—“give me liberty or give me death.” Well, those are not just clever words, or those are not just empty theories. In their name Americans have fought and died for two centuries, and tonight around the world they stand there as guardians of our liberty, risking their lives. To apply any other test—to deny a man his hopes because of his color or race, his religion or the place of his birth—is not only to do injustice, it is to deny America and to dishonor the dead who gave their lives for American freedom. -
“We Shall Overcome and the Southern Black Freedom Struggle”
“We Shall Overcome and the Southern Black Freedom Struggle” David J. Garrow On October 22, 1945, 1,000 members of Local 15 of the Food, Tobacco, Agricultural, and Allied Workers Union (FTA) went on strike at an American Tobacco Company cigar factory in Charleston, SC, seeking to increase their pay to 30 cents-per-hour. The biracial group of strikers began picketing outside the brick factory building, and in later years surviving participants would recall two African American women, Delphine Brown and Lucille Simmons, as important song leaders who led the strikers in singing. Simmons was a choir member at Jerusalem Baptist Church, and fellow union members would remember her singing a well-known hymn, “I’ll Be All Right,” and altering it to give voice to the striking workers’ own aspirations: “We Will Overcome.”1 1. Robert Shelton, “Rights Song Has Own History of Integration,” New York Times, 23 July 1963, at 21; Robert Sherman, “Sing a Song of Freedom,” Saturday Review, 28 September 1963, at 65-67, 81; “Moment of History,” The New Yorker, 27 March 1965, at 37-39; Josh Dunson, Freedom In the Air: Song Movements of the Sixties (International Publishers, 1965), at 29; Lillie Mae Marsh in Guy and Candie Carawan, Freedom Is A Constant Struggle—Songs of the Freedom Movement (Oak Publications, 1968), at 138; Bernice Johnson Reagon, “Songs of the Civil Rights Movement 1955-1965: A Study in Cultural History,” Ph.D. dissertation, Howard 2 The strike ended without success in April 1946, but one month later, two participants, Anna Lee Bonneau and Evelyn Risher, traveled to the Highlander University, 1975, at 65, 68-75; Caryle Murphy, “The Rise of a Rights Anthem,” Washington Post, 17 January 1988, at G1, G11; Noah Adams, “Tracing the History of the Song ‘We Shall Overcome,’” All Things Considered, National Public Radio, 15 January 1999; Robert R. -
African-Americans, American Jews, and the Church-State Relationship
Catholic University Law Review Volume 43 Issue 1 Fall 1993 Article 4 1993 Ironic Encounter: African-Americans, American Jews, and the Church-State Relationship Dena S. Davis Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Dena S. Davis, Ironic Encounter: African-Americans, American Jews, and the Church-State Relationship, 43 Cath. U. L. Rev. 109 (1994). Available at: https://scholarship.law.edu/lawreview/vol43/iss1/4 This Essay is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. IRONIC ENCOUNTER: AFRICAN-AMERICANS, AMERICAN JEWS, AND THE CHURCH- STATE RELATIONSHIP Dena S. Davis* I. INTRODUCTION This Essay examines a paradox in contemporary American society. Jewish voters are overwhelmingly liberal and much more likely than non- Jewish white voters to support an African-American candidate., Jewish voters also staunchly support the greatest possible separation of church * Assistant Professor, Cleveland-Marshall College of Law. For critical readings of earlier drafts of this Essay, the author is indebted to Erwin Chemerinsky, Stephen W. Gard, Roger D. Hatch, Stephan Landsman, and Peter Paris. For assistance with resources, the author obtained invaluable help from Michelle Ainish at the Blaustein Library of the American Jewish Committee, Joyce Baugh, Steven Cohen, Roger D. Hatch, and especially her research assistant, Christopher Janezic. This work was supported by a grant from the Cleveland-Marshall Fund. 1. In the 1982 California gubernatorial election, Jewish voters gave the African- American candidate, Tom Bradley, 75% of their vote; Jews were second only to African- Americans in their support for Bradley, exceeding even Hispanics, while the majority of the white vote went for the white Republican candidate, George Deukmejian. -
![CHAIRMEN of SENATE STANDING COMMITTEES [Table 5-3] 1789–Present](https://docslib.b-cdn.net/cover/8733/chairmen-of-senate-standing-committees-table-5-3-1789-present-978733.webp)
CHAIRMEN of SENATE STANDING COMMITTEES [Table 5-3] 1789–Present
CHAIRMEN OF SENATE STANDING COMMITTEES [Table 5-3] 1789–present INTRODUCTION The following is a list of chairmen of all standing Senate committees, as well as the chairmen of select and joint committees that were precursors to Senate committees. (Other special and select committees of the twentieth century appear in Table 5-4.) Current standing committees are highlighted in yellow. The names of chairmen were taken from the Congressional Directory from 1816–1991. Four standing committees were founded before 1816. They were the Joint Committee on ENROLLED BILLS (established 1789), the joint Committee on the LIBRARY (established 1806), the Committee to AUDIT AND CONTROL THE CONTINGENT EXPENSES OF THE SENATE (established 1807), and the Committee on ENGROSSED BILLS (established 1810). The names of the chairmen of these committees for the years before 1816 were taken from the Annals of Congress. This list also enumerates the dates of establishment and termination of each committee. These dates were taken from Walter Stubbs, Congressional Committees, 1789–1982: A Checklist (Westport, CT: Greenwood Press, 1985). There were eleven committees for which the dates of existence listed in Congressional Committees, 1789–1982 did not match the dates the committees were listed in the Congressional Directory. The committees are: ENGROSSED BILLS, ENROLLED BILLS, EXAMINE THE SEVERAL BRANCHES OF THE CIVIL SERVICE, Joint Committee on the LIBRARY OF CONGRESS, LIBRARY, PENSIONS, PUBLIC BUILDINGS AND GROUNDS, RETRENCHMENT, REVOLUTIONARY CLAIMS, ROADS AND CANALS, and the Select Committee to Revise the RULES of the Senate. For these committees, the dates are listed according to Congressional Committees, 1789– 1982, with a note next to the dates detailing the discrepancy. -
Senate Oral Health and Healt
June 9, 2017 The Honorable Orrin Hatch The Honorable Ron Wyden Chairman Ranking Member Senate Committee on Finance Senate Committee on Finance 104 Hart Senate Office Building 221 Dirksen Senate Office Building Washington, DC 20510 Washington, DC 20510 The Honorable Mike Enzi The Honorable Bernie Sanders Chairman Ranking Member Senate Committee on Budget Senate Committee on Budget 379A Russell Senate Office Building 332 Dirksen Senate Office Building Washington, DC 20510 Washington, DC 20510 Dear Chairmen and Ranking Members, On behalf of our organizations, we appreciate the opportunity to work with you and your colleagues as you examine ways to reform our nation’s health care delivery and financing systems. Our organizations are committed to ensuring that families have access to comprehensive, affordable health coverage, including oral health coverage. Medicaid, our nation’s safety-net health insurance program, currently provides vital coverage to over 70 million Americans, including 37 million children. In addition, newly established standards for private dental plans and mechanisms to increase their affordability have improved the private dental insurance market for consumers. We urge you and your colleagues to work to protect access to oral health coverage for all Americans. Poor oral health has long-term effects on an individual’s life. Tooth decay remains the most chronic condition among children and adolescents, impacting school performance and attendance. Because it is a progressive, chronic condition, the oral health problems that -
Sen. Bernie Sanders Health Care Is a Right, Not a Privilege
Sen. Bernie Sanders: Health Care Is a Right, Not a Privilege 9/30/10 3:59 PM September 30, 2010 Sen. Bernie Sanders This is the print preview: Back to normal view » Independent U.S. Senator from Vermont Posted: June 8, 2009 04:08 PM Health Care Is a Right, Not a Privilege Let's be clear. Our health care system is disintegrating. Today, 46 million people have no health insurance and even more are underinsured with high deductibles and co-payments. At a time when 60 million people, including many with insurance, do not have access to a medical home, more than 18,000 Americans die every year from preventable illnesses because they do not get to the doctor when they should. This is six times the number who died at the tragedy of 9/11 - but this occurs every year. In the midst of this horrendous lack of coverage, the U.S. spends far more per capita on health care than any other nation - and health care costs continue to soar. At $2.4 trillion dollars, and 18 percent of our GDP, the skyrocketing cost of health care in this country is unsustainable both from a personal and macro-economic perspective. At the individual level, the average American spends about $7,900 per year on health care. Despite that huge outlay, a recent study found that medical problems contributed to 62 percent of all bankruptcies in 2007. From a business perspective, General Motors spends more on health care per automobile than on steel while small business owners are forced to divert hard-earned profits into health coverage for their employees - rather than new business investments. -
Allegedly “Biased,” “Intimidating,” and “Incompetent” State Court Judges
Digital Commons at St. Mary's University Faculty Articles School of Law Faculty Scholarship 2012 Allegedly “Biased,” “Intimidating,” and “Incompetent” State Court Judges and the Questionable Removal of State Law Class Actions to Purportedly “Impartial” and “Competent” Federal Courts—A Historical Perspective and an Empirical Analysis of Class Action Dispositions in Federal and State Courts, 1925-2011 Willy E. Rice St. Mary's University School of Law, [email protected] Follow this and additional works at: https://commons.stmarytx.edu/facarticles Part of the Law Commons Recommended Citation Willy E. Rice, Allegedly “Biased,” “Intimidating,” and “Incompetent” State Court Judges and the Questionable Removal of State Law Class Actions to Purportedly “Impartial” and “Competent” Federal Courts—A Historical Perspective and an Empirical Analysis of Class Action Dispositions in Federal and State Courts, 1925-2011, 3 Wm. & Mary Bus. L. Rev. 419 (2012). This Article is brought to you for free and open access by the School of Law Faculty Scholarship at Digital Commons at St. Mary's University. It has been accepted for inclusion in Faculty Articles by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact [email protected]. ALLEGEDLY “BIASED,” “INTIMIDATING,” AND “INCOMPETENT” STATE COURT JUDGES AND THE QUESTIONABLE REMOVAL OF STATE LAW CLASS ACTIONS TO PURPORTEDLY “IMPARTIAL” AND “COMPETENT” FEDERAL COURTS—A HISTORICAL PERSPECTIVE AND AN EMPIRICAL ANALYSIS OF CLASS ACTION DISPOSITIONS IN FEDERAL AND STATE COURTS, 1925–2011 WILLY E. RICE ABSTRACT Judges as well as members of plaintiffs’ and defense bars agree: a class action is a superior, efficient, and inexpensive procedural tool to litigate disputes that present similar questions of fact and law. -
Organizational Sign on Letter
The Honorable Mike Enzi The Honorable John Yarmuth Chair, Senate Budget Committee Chair, House Budget Committee 379 Russell Senate Office Building 402 Cannon House Office Building Washington, DC 20510 Washington, DC 20515 The Honorable Bernie Sanders The Honorable Steve Womack Ranking Member, Senate Budget Committee Ranking Member, House Budget Committee 332 Dirksen Senate Office Building 2412 Rayburn House Office Building Washington, DC 20510 Washington, DC 20515 Dear Chairman Enzi, Ranking Member Sanders, Chairman Yarmuth, and Ranking Member Womack: We the undersigned national, state, and local organizations support significant cuts in funding to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), the agencies behind President Trump’s harmful detention, deportation and border militarization regime. We are disappointed by the funding increases in the Fiscal Year 2019 Appropriations Bill and call upon Congress to commit to reducing funding for this administration’s white nationalist border militarization and immigration enforcement policies. Taxpayer dollars should be spent on critical programs that make our communities strong and vibrant such as education, healthcare, green infrastructure, and housing rather than fueling abusive agencies that terrorize communities and separate families. The Trump Administration showed the depths of its cruelty toward immigrant communities in fiscal year 2018. Just at our southern border, Border Patrol agents have forcibly separated thousands of families, tear-gassed asylum seekers including toddlers, and regularly flouted international law by denying the right to seek asylum at the border. This abuse is happening despite the fact that the total number of border apprehensions are at the lowest point in decades and each Border Patrol agent apprehends, on average, fewer than 2 people a month.