We Shall Overcome”
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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. -
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. -
The Life of Martin Luther King Jr
The Life of Martin Luther King jr. By: Sadie Morales 5th Grade Our Lady of Guadalupe Parents and Family Before we start talking about what Martin Luther King jr. actually did, we are going to talk about his family. Why? Because this also had a vital role on helping Martin Luther King become who he was. His parents names where Martin Luther King sr., who was his father and Alberta Williams King, who was his mother. His father was a preacher, just like his son would be. His mother was a teacher. They got married in 1926. Shortly after, Martin sister was born in 1927. Then Martin Luther King, in 1929. A year later, his brother was born in 1930. His parents had a big influence on who he was. His parents taught him about injustices and how to respond to them. His mother taught him about the history of slavery and told “Even though some people make you feel bad or angry, you should not show it. You are as good as anyone else”. As Martin Luther King grew, he began to notice and understand this. In the top left, Martin Luther King jr.’s Parents, Martin Luther King sr., and Alberta Williams King. In the top right, Martin Luther King as a kid, and as a adult speaking. In the bottom left , Martin and his siblings, Christine King Farris and A.D. King. Childhood Martin Luther King had a happy childhood. He and his siblings learned to play the piano from their mother, and were taught spirituality by their father. -
“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. -
Martin Luther King Jr
Martin Luther King Jr. Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist who The Reverend became the most visible spokesperson and leader in the American civil rights movement from 1955 until his assassination in 1968. King Martin Luther King Jr. advanced civil rights through nonviolence and civil disobedience, inspired by his Christian beliefs and the nonviolent activism of Mahatma Gandhi. He was the son of early civil rights activist Martin Luther King Sr. King participated in and led marches for blacks' right to vote, desegregation, labor rights, and other basic civil rights.[1] King led the 1955 Montgomery bus boycott and later became the first president of the Southern Christian Leadership Conference (SCLC). As president of the SCLC, he led the unsuccessful Albany Movement in Albany, Georgia, and helped organize some of the nonviolent 1963 protests in Birmingham, Alabama. King helped organize the 1963 March on Washington, where he delivered his famous "I Have a Dream" speech on the steps of the Lincoln Memorial. The SCLC put into practice the tactics of nonviolent protest with some success by strategically choosing the methods and places in which protests were carried out. There were several dramatic stand-offs with segregationist authorities, who sometimes turned violent.[2] FBI King in 1964 Director J. Edgar Hoover considered King a radical and made him an 1st President of the Southern Christian object of the FBI's COINTELPRO from 1963, forward. FBI agents investigated him for possible communist ties, recorded his extramarital Leadership Conference affairs and reported on them to government officials, and, in 1964, In office mailed King a threatening anonymous letter, which he interpreted as an attempt to make him commit suicide.[3] January 10, 1957 – April 4, 1968 On October 14, 1964, King won the Nobel Peace Prize for combating Preceded by Position established racial inequality through nonviolent resistance. -
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. -
Freedom Songs
OurStory: Students ‘Sit’ for Civil Rights Freedom Songs Parent Guide, page 1 of 2 Read the “Directions” sheets for step-by-step instructions. SUMMARY During this activity, you and your child will listen to some freedom songs on the Internet, and then make your own version of one of the songs. WHY During this activity, you and your child will use compassion and art awareness skills to listen thoughtfully to music and think about how it might have been used in some historic situations. These skills are useful for historical research and thinking about the personal and community meanings of songs today. TIME ■ 10 minutes to listen to songs ■ 10 minutes to sing along ■ 5 minutes for discussion ■ 5 minutes to make new lyrics for “This Little Light of Mine” ■ 10 minutes to record new lyrics RECOMMENDED AGE GROUP This activity will work best with children in kindergarten through fourth grade. CHALLENGE WORDS ■ boycott: to refuse to conduct business with a person, store, or organization, usually to express disapproval or to peacefully force changes ■ emotion: a state of feeling ■ nonviolent: a philosophy or strategy for change that opposes using violence ■ picket: to walk or stand in front of like a fence-post, often in protest ■ primary source: a historical document, photograph, or artifact written, created, or used by someone who experienced events at the time they took place ■ protest: public demonstration of disapproval ■ segregation: the practice of keeping people in separate groups based on their race or culture ■ sit-in: an act of sitting in the seats or on the floor of an establishment as a means of organized protest (see the images of boys sitting at lunch counter) OurStory: Students ‘Sit’ for Civil Rights Freedom Songs Parent Guide, page 2 of 2 GET READY ■ Read Freedom on the Menu together. -
Remarks at a Martin Luther King, Jr., Holiday Celebration January 21, 2002
Jan. 19 / Administration of George W. Bush, 2002 NOTE: The address was recorded at 1:32 p.m. The transcript was made available by the Of- on January 18 in the Cabinet Room at the fice of the Press Secretary on January 18 but White House for broadcast at 10:06 a.m. on was embargoed for release until the broad- January 19. In his remarks, the President re- cast. The Office of the Press Secretary also ferred to Title I of the Improving America’s released a Spanish language transcript of this Schools Act of 1994 (Public Law 103–382), address. The Martin Luther King, Jr., Fed- which amended Title I of the Elementary eral Holiday proclamation of January 17 is and Secondary Education Act of 1965 (Public listed in Appendix D at the end of this vol- Law 89–10); and the Individuals with Dis- ume. abilities Education Act (Public Law 94–142). Remarks at a Martin Luther King, Jr., Holiday Celebration January 21, 2002 Well, thank you all very much for com- I appreciate all the members of my team ing. Mrs. King, thanks for this beautiful who are here, in particular, Condoleezza portrait. I can’t wait to hang it. [Laughter] Rice, the National Security Adviser. Thank I want to welcome you all to the White you for coming, Condi. It’s good to see House. We’ve gathered in tribute to Dr. the Mayor. Mr. Mayor and the first lady, Martin Luther King, Jr., to the ideals he Diane, are with us today. Thank you all held and the life he lived. -
Martin Luther King, Jr. Day of Service SERVICE-LEARNING CURRICULUM a Guidebook for Schools, Organizations & Parents
Martin Luther King, Jr. Day of Service SERVICE-LEARNING CURRICULUM A Guidebook for Schools, Organizations & Parents Created and Authored by: Davida Hopkins-Parham, Executive Assistant to the Vice President for Academic Affairs, CSUF Jeannie Kim-Han, Acting Director, CSUF Center for Internships & Service-Learning Marcina Riley, Student Assistant, CSUF Center for Internships & Service-Learning Melissa Runcie, Senior Program Coordinator, Orange County AmeriCorps Alliance Julie Stokes, Ph.D., Associate Professor and Director of the CSUF African American Resource Center California State University, Fullerton SERVICE-LEARNING CURRICULUM TABLE OF CONTENTS Introduction Why We Serve 1 Curriculum Guide Overview 1 Suggestions for Making the Curriculum Work For You 2 Quotes of Dr. Martin Luther King, Jr. 3 Values and Vocabulary Words 4 Timeline of the Life of Dr. Martin Luther King, Jr. 5 Section I: Historical Sketches Biography of Martin Luther King, Jr. 10 Upbringing 14 Ideas and Philosophy 16 Youth Edition: Biography of Martin Luther King, Jr. 17 Youth Edition: Childhood and Upbringing 20 Youth Edition: Ideas of Dr. Martin Luther King, Jr. 22 Speeches of Dr. Martin Luther King, Jr. 23 Actions of Dr. Martin Luther King, Jr. 31 Section II: MLK Learning Toolkit Coloring Worksheets 34 Drawing Activities 37 Writing Activities 39 Comprehension Activities 43 Puzzles and Mazes 78 Discussion Questions 60 Section III: MLK Reflection Toolkit A Few Words About Reflection 61 Facilitating Reflection Activities 61 Reflecting on Service 62 Reflecting on MLK Values 63 Section IV: Resources Bibliography 64 Children’s Books 64 Websites 64 California Martin Luther King, Jr. Day of Service Grants Program SERVICE-LEARNING CURRICULUM INTRODUCTION Why We Serve On Monday, January 20, 1986, the first national celebration took place in honor of Dr. -
We Shall Overcome”: from Black Church Music to Freedom Song
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by D-Scholarship@Pitt “WE SHALL OVERCOME”: FROM BLACK CHURCH MUSIC TO FREEDOM SONG by Brandi Amanda Neal Bachelor of Arts in Music, University of South Carolina, 2003 Submitted to the Graduate Faculty of the University of Pittsburgh in partial fulfillment of the requirements for the degree of Master in Arts University of Pittsburgh 2006 UNIVERSITY OF PITTSBURGH SCHOOL OF ARTS AND SCIENCES This thesis was presented By Brandi Amanda Neal It was defended on February 3, 2006 approved by James P. Cassaro, Head, Theodore M. Finney Music Library/Adjunct Assistant Professor of Music Don O. Franklin, Professor of Music, Music Department Mary S. Lewis, Professor of Music, Music Department Thesis Advisor: Deane L. Root, Professor of Music and Department Chair, Music Department ii Copyright © by Brandi Amanda Neal 2006 iii “WE SHALL OVERCOME”: FROM BLACK CHURCH MUSIC TO FREEDOM SONG Brandi Amanda Neal, M.A. University of Pittsburgh, 2006 The music sung by protesters in the American Civil Rights Movement was inseparable from the music in black Protestant churches. Despite the firm boundaries between the sacred and the secular in black Baptist and Methodist traditions, protesters adapted sacred hymns for secular protest use. Termed freedom songs, the music bound protesters together by shared spiritual associations with the music and by a communal performance experience. This study explores the adaptation process of the freedom song using “We Shall Overcome” as a case study. An examination of the traditions of black American church institutions and the musical and textual attributes of the adapted song genres clarifies the methods by which protesters transformed sacred hymns and songs. -
MISS BETSY GOES to WASHINGTON a Written Creative
MISS BETSY GOES TO WASHINGTON A Written Creative Work submitted to the faculty of San Francisco State University In partial fulfillment of the requirements for the Degree Master of Fine Arts In Creative Writing: Playwriting by Nicole Elizabeth Jost San Francisco, California May 2018 Copyright by Nicole Elizabeth Jost 2018 CERTIFICATION OF APPROVAL I certify that I have read Miss Betsy Goes to Washington by Nicole Elizabeth Jost, and that in my opinion this work meets the criteria for approving a Written Creative Work submitted in partial fulfillment of the requirement for the degree Master of Fine Arts in Creative Writing: Playwriting at San Francisco State University. 7 Michelle Carter, M.A. Professor of Creative Writing Andrew~ Assistant Professor of Creative Writing MISS BETSY GOES TO WASHINGTON Nicole Elizabeth Jost San Francisco, California 2018 A new full length play. Synopsis: Before she became Secretary DeVos, she was Miss Betsy. A modem political history spectacle like nothing you've seen before! See Miss Betsy tango with Bernie Sanders, sing along with Orrin Hatch, and juggle with Elizabeth Warren! See her groom a young Black girl for school choice greatness! MISS BETSY GOES TO WASHINGTON draws on the real transcripts of Betsy DeVos' s Senate confirmation hearing and imagined interactions between Miss Betsy the mentor and her Grand Rapids students. A vaudeville with national questions. I certify that the Annotation is a correct representation of the content of this written creative work. S-2.-18 /Chair, Thesis Committee Date ACKNOWLEDGEMENTS To Larry and Michelle: for your guidance and your early support of this play.