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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. -
FOOTBALL 2019 SEASON Media Release (2019 Bowl Release) Contact: Russell Anderson [email protected] STANDINGS East Division W-L Pct
FOOTBALL 2019 SEASON Media Release (2019 Bowl Release) Contact: Russell Anderson [email protected] STANDINGS East Division W-L Pct. H A Div. Pts. Opp. W-L Pct. H A Pts Opp. x-Florida Atlantic 7-1 .875 3-1 4-0 5-1 291 153 10-3 .769 5-2 5-1 458 290 Marshall 6-2 .750 4-0 2-2 4-2 200 163 8-4 .667 6-1 2-3 310 277 WKU 6-2 .750 3-1 3-1 4-2 196 141 8-4 .667 4-2 4-2 307 241 Charlotte 5-3 .625 3-1 2-2 3-3 227 237 7-5 .583 5-1 2-4 379 390 Middle Tennessee 3-5 .375 3-1 0-4 3-3 229 204 4-8 .333 4-2 0-6 316 359 FIU 3-5 .375 3-1 0-4 2-4 200 237 6-6 .500 6-1 0-5 318 320 Old Dominion 0-8 .000 0-4 0-4 0-6 116 254 1-11 .083 1-5 0-6 195 358 x -C-USA Champion West Division W-L Pct. H A Div. Pts. Opp. W-L Pct. H A Pts Opp. y-UAB 6-2 .750 4-0 2-2 5-1 204 150 9-4 .682 6-0 3-4 307 271 Louisiana Tech 6-2 .750 4-0 2-2 5-1 270 197 9-3 .750 6-0 3-3 408 284 Southern Miss 5-3 .625 3-1 2-2 5-1 226 172 7-5 .583 4-1 3-4 333 311 North Texas 3-5 .375 3-1 0-4 2-4 247 241 4-8 .333 4-2 0-6 367 390 UTSA 3-5 .375 1-3 2-2 2-4 168 261 4-8 .333 2-4 2-4 244 407 Rice 3-5 .375 1-3 2-2 2-4 161 187 3-9 .250 1-6 2-3 215 311 UTEP 0-8 .000 0-4 0-4 0-6 140 278 1-11 .083 1-5 0-6 235 431 y -Division Champion BOWL SCHEDULE C-USA CHAMPIONSHIP C-USA AWARDS MAKERS WANTED BAHAMAS BOWL SATURDAY, DECEMBER 7 (Nassau, Bahamas) Ryan C-USA Championship Game COACH OF THE YEAR Friday, December 20 Florida Atlantic 49, UAB 6 Tyson Helton - WKU Buff alo vs. -
715-261-6391 Or [email protected]
Wisconsin Public Radio For Immediate Release Contact: Rick Reyer, Central Regional Manager Ph: 715-261-6391 or [email protected] Phil Corriveau, Former Director Of Wisconsin Public Radio, Passes Away Madison, Wis. – It is with great sadness that Wisconsin Public Radio (WPR) announces the death of our friend and former director, Phil Corriveau. His leadership, optimism and commitment to WPR’s mission will continue to benefit listeners for years to come. Current WPR Director Mike Crane embraced that optimism when Corriveau hired him as chief operating officer in 2008. “There are so many positive things that started with Phil,” Crane said. “He set the stage for expanding our radio networks. He believed in growing our Major and Planned Giving effort. He had a vision for us reaching new audiences across the state. He was an incredibly positive force, I’m really going to miss him.” Crane said. Corriveau was a Wisconsin native who received both his bachelor’s and master’s degrees from UW-Madison. As he told the Isthmus weekly in 2010, he discovered his love of radio as a freshman board operator working a summer job in 1971 at WPR’s flagship station, WHA. That summer job turned into a career. In 1974, Corriveau was hired as an engineer at WHA, where he continued to build his resume. From engineering, he moved into production and, by the end of the decade, he was serving as programming and production manager. In 1980, he was hired as the first general manager of what is now called Capital Public Radio in Sacramento. -
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. -
Curriculum Vitae March 2011 MICHAEL L. BENEDIKT Hal Box
1 Curriculum Vitae March 2011 MICHAEL L. BENEDIKT Hal Box Chair in Urbanism Director, Center for American Architecture and Design School of Architecture The University of Texas at Austin Austin, TX 78712 (512) 471-1922, fax 512-471-7033, email: [email protected] EDUCATION • Master of Environmental Design, (M.E.D.) Yale University, New Haven, Connecticut, 1975 • Bachelor of Architecture, (B. Arch.) University of the Witwatersrand, Johannesburg, South Africa, 1971 TEACHING • Professor of Architecture, The University of Texas at Austin, 1989--present Hal Box Chair in Urbanism, 1999–present Roland W. Roessner Professor 1998–1999 Harwell Hamilton Harris Regents Professor, 1996–1998 Meadows Foundation Centennial Professor, 1991--1995 Harwell Hamilton Harris Teaching Fellow, 1986–1995 - Architectural Design Studio, graduate and undergraduate, all levels - Visual Communications, as above - Graduate seminars: Perception of Space and Environment; Architecture and Reality; Problem Design and Programming; The Architecture of Depth; Cyberspace: A New Venue for Architectural Design; Theory of Economic Value; 1 2 The Art and Science of Architectural Phenomena; The Spiritual Dimensions of Architecture; On Beauty - Thesis Supervision and Independent Project Supervision - Instructor, Europe Program, Fall 1987, Fall 1999 • External Examiner, University College London, MSArchitecture Program, 2003-2007 • Colin Clipson Fellow, Taubman College of Architecture and Urban Planning, University of Michigan (winter semester, 2004). Graduate seminar, doctoral -
“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. -
In My Lifetime - the Film’S Mission
1 In My Lifetime - The Film’s Mission http://thenuclearworld.org/category/in-my-lifetime/ This film is meant to be a wakeup call for humanity, to help develop an understanding of the realities of the nuclear weapon, to explore ways of presenting the answers for “a way beyond” and to facilitate a dialogue moving towards resolution of this Gordian knot of nuclear weapons gripping the world. The documentary’s characters are the narrative voices, interwoven with highly visual sequences of archival and contemporary footage and animation. The story is a morality play, telling the struggle waged over the past six and half decades with the last act yet to be determined, of trying to find what is “the way beyond?” Director’s Statement “In My Lifetime” takes on the complex realities of “the nuclear world”, and searches internationally for an answer to the question is there a Way Beyond? This documentary is part wake up call, part challenge for people to engage with the issue of ridding the world of the most destructive weapon ever invented. In February 2008, I began a journey to film and report on the story of the inner workings of the nuclear world. There has been a re-emergence of the realization that a world with nuclear weapons, including a proliferation of fissile nuclear materials, is a very dangerous place. Of course this realization has been known since the creation of the atomic bomb. It continues to be a struggle which has not been resolved. 2 This is a very complex issue with many voices, speaking from many perspectives, representing the forces and entrenched institutions in the nuclear states, not to speak of the rest of the world’s nations some of them with nuclear power capable of producing their own fissile materials and now there is the danger of so called “non-state actors”, who want to get their hands on the nuclear fissile materials necessary to create nuclear weapons. -
Chapter 15: How Effective Are Peace Movements
Chapter 12: How Effective are Peace Movements? On 10 July 1997 Bob Overy made a presentation about the effectiveness - or otherwise - of peace movements. It was based on a booklet he had published in the early 1980s which members of the group read, or re-read, prior to the meeting. Present were: Christina Arber, John Brierley, Howard Clark, Annie Harrison, Yolanda Juarros Barcenilla, Bob Overy, Michael Randle, Carol Rank, Andrew Rigby. Presentation - Bob Overy Bob explained that he had written the original text with that title back in 1980-81 while he was doing his Ph.D at Peace Studies. It had subsequently been published as a booklet in 1982 by a Canadian publisher, who had, however, added ideas of his own to the Preface and Postscript - some of which Bob did not even agree with! - and somewhat revamped it with the second UN Special Session on Disarmament in mind. But Bob was mainly responsible for the middle bit. He was not planning to use the analysis he had made some 15 years ago to talk about the present. Instead he would summarise the main points, and it would be up to the group to consider whether or not it provided any useful ways of looking at today's movements and issues. The catalyst for the study was a review by A.J.P.Taylor, eminent historian and member of CND Executive, of a book by the war historian, Michael Howard. Taylor, concurring with the author's view, said that the attempt to abolish war was a vain and useless enterprise, but that he was proud to be associated with the peace movement when it was trying to stop particular wars. -
Close to Midnight CND General Secretary Kate Hudson Writes on How the US’ Nuclear Policy Is Taking Us Closer to War
caTHE MAGAZINmE OF THE CAMPAIGN pFOR NUCLEAR DaISARMAMENT igFEBRUARY 2018 n Close to midnight CND General Secretary Kate Hudson writes on how the US’ nuclear policy is taking us closer to war. AST MONTH the Bulletin of Atomic of Evil. It also revisited some of the ideas Scientists moved us half a minute closer of the early 1990s, calling for the Lto Midnight. At two minutes to, it’s development of bunker-busters and mini- the closest since the height of the Cold War. nukes for use in ‘regional conflicts’, The reasons cited are increasing nuclear understood at that time – in the aftermath risk, climate change and potentially harmful of the first Gulf War and the developing emerging technologies. But nuclear takes narrative around oil and resources – to centre stage: reckless language and provoca - mean the Middle East. tive action by both US and North Korea. The advent of President Obama To make matters worse, the latest US temporarily knocked the project on the nuclear posture review has just been head. His 2010 review ruled out the released. These reviews can be a powerful development of new nuclear weapons, indicator of a president’s intentions and this including bunker-busters. It also renounced one will, no doubt, be a taste of things to nuclear weapons use against non-nuclear come. The 2002 version included President states that the US considered compliant Bush’s demand for contingency plans for with the nuclear Non-Proliferation Treaty. the use of nuclear weapons against at least At the time we hoped for more, after seven countries, including the so-called Axis Obama’s passionate Prague speech in 2009, Campaign for Nuclear Disarmament, CND 60th celebration at Aldermaston 162 Holloway Rd, London N7 8DQ 1st April, assemble at 12 020 7700 2393 noon. -
Les Payne • 1981-1983 Bob Reid • 1979-1981 Bob Reid • Vernon Jarrett • 1977- Vernon Jarrett Chuck Stone • 1975-1977 Chuck Foreword Merv Aubespin • 1983
T Foreword 3 able of by Paula Madison Chuck Stone • 1975-1977 5 • Essay by Paul Brock • Photograph by Robert Miller Vernon Jarrett • 1977- 8 Contents • Essay by Lynn Norment • Photograph by Andre F. Chung Bob Reid • 1979-1981 11 • Essay by Gayle Pollard Terry • Photograph by Hillery Shay Les Payne • 1981-1983 14 • Essay by Derrick Z. Jackson • Photograph by Suné Woods Merv Aubespin • 1983- 17 • Essay by Michel Marriott • Photograph by Durell Hall Al Fitzpatrick • 1985- 20 • Essay by John L. Dotson Jr. • Photograph by Gary J. Kirksey DeWayne Wickham • 23 • Essay by Sheila Brooks • Photograph by Hillery Shay Thomas Morgan III • 1989- 26 • Essay by Katti Gray • Photograph by Suné Woods Sidmel Estes-Sumpter • 1991-1993 29 • Essay by Ernie Suggs • Photograph by Joey Ivansco Dorothy Butler Gilliam • 1993-1995 32 • Essay by Jacqueline E. Trescott • Photograph by Hillery Shay Arthur Fennell • 1995- 35 • Essay by Herbert Lowe • Photograph by Hillery Shay Vanessa Williams • 1997- 38 • Essay by Betty Winston Bayé • Photograph by Dudley M. Brooks William W. Sutton Jr. • 1999- 41 • Essay by Michael Days • Photograph courtesy of The News & Observer Condace Pressley • 2001- 44 • Essay by Eric Deggans • Photograph by Ian Irving 47 Contents Herbert Lowe • 2003- • Essay by Jackie Jones • Photograph by Jason Miccolo Johnson Remembering Vernon 50 able of Contributors 52 T hen did I first learn of NABJ? It was back in the late '70s. I was an Y B investigative reporter at The Syracuse (N.Y.) Herald-Journal and I PAULA was down. We had no black editors, no black folks on the desk, no black photographers. -
A Life in the Shadow of the Bomb
A Life in the Shadow of the Bomb I am a child of the atomic age. The atomic bomb, that is, the threat of nuclear war and mass destruction, has been in my consciousness—sometimes in the background but frequently in the foreground—nearly all of my life. I was born on August 9, 1945 at the Lying Inn Hospital of the University of Chicago, the day that the second atomic bomb was dropped in Japan on the city of Nagasaki, killing tens of thousands of people. My birthplace, the U of C, was also the birthplace of the atomic bomb, which had been conceived there a couple of years before. Enrico Fermi and other scientists in the Manhattan Project carried out the first chain reaction on December 2, 1942 in a secret laboratory hidden in the university’s football stadium. Of course, when I let out my first shriek at the shock of birth and the awakening into life, I knew nothing of any of that. I first became conscious of the issue of nuclear war when I was eight years old. My parents had moved to Whittier, California, where my father was to manage a Co-op Grocery Store. The local public elementary school that I attended held “duck-and-cover” drills and we students had to get under our desks and put our hands over our heads. We were told this would protect us in the event of a nuclear attack. A duck-and-cover pubic service announcement of the era shows, among other scenarios, an elementary school class much like mine.