Reproductions Supplied by EDRS Are the Best That Can Be Made from the Original Document
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
Creating a Roadmap for the Future of Music at the Smithsonian
Creating a Roadmap for the Future of Music at the Smithsonian A summary of the main discussion points generated at a two-day conference organized by the Smithsonian Music group, a pan- Institutional committee, with the support of Grand Challenges Consortia Level One funding June 2012 Produced by the Office of Policy and Analysis (OP&A) Contents Acknowledgements .................................................................................................................................. 3 Introduction ................................................................................................................................................ 4 Background ............................................................................................................................................ 4 Conference Participants ..................................................................................................................... 5 Report Structure and Other Conference Records ............................................................................ 7 Key Takeaway ........................................................................................................................................... 8 Smithsonian Music: Locus of Leadership and an Integrated Approach .............................. 8 Conference Proceedings ...................................................................................................................... 10 Remarks from SI Leadership ........................................................................................................ -
Fair Use As Cultural Appropriation
Fair Use as Cultural Appropriation Trevor G. Reed* Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture— particularly for copyrightable songs, dances, oral histories, and other forms of Indigenous cultural creativity. But it is admittedly an imperfect fit for combatting cultural appropriation, allowing some publicly beneficial uses of protected works without the consent of the copyright owner under certain exceptions, foremost being copyright’s fair use doctrine. This Article evaluates fair use as a gatekeeping mechanism for unauthorized uses of copyrighted culture, one which empowers courts to sanction or disapprove of cultural appropriations to further copyright’s goal of promoting creative production. DOI: https://doi.org/10.15779/Z38V97ZS35. Copyright © 2021 Trevor G. Reed * Trevor Reed (Hopi) is an Associate Professor of Law at Arizona State University’s Sandra Day O’Connor College of Law. The author thanks June Besek, Bruce Boyden, Christine Haight Farley, Eric Goldman, Rhett Larson, Jake Linford, Jon Kappes, Kali Murray, Guy Rub, Troy Rule, Erin Scharff, Joshua Sellers, Michael Selmi, Justin Weinstein-Tull, and Andrew Woods for their helpful feedback on this project. The author also thanks Qiaoqui (Jo) Li, Elizabeth Murphy, Jillian Bauman, M. Vincent Amato and Isaac Kort-Meade for their research assistance. Early versions of this paper were presented at, and received helpful feedback from, the 2019 Race + IP conference, faculty colloquia at the University of Arizona and University of Washington, the American Association for Law School’s annual meeting, and the American Library Association’s CopyTalk series. -
More Than Mrs Robinson: Citizenship Schools in Lowcountry South Carolina and Savannah, Georgia, 1957-1970
More Than Mrs Robinson: Citizenship Schools in Lowcountry South Carolina and Savannah, Georgia, 1957-1970 (A Dissertation submitted in requirement for the Degree of Doctor in Philosophy, The University of Nottingham, October 2009) Clare Russell 1 Abstract The first ―citizenship school‖ (a literacy class that taught adults to read and write in order that they could register to vote) was established by Highlander Folk School of Monteagle, Tennessee on Johns Island, South Carolina in 1957. Within three years, the schools were extended across the neighboring Sea Islands, to mainland Charleston and to Savannah, Georgia. In 1961, after Highlander faced legal challenges to its future, it transferred the schools to the fledgling Southern Christian Leadership Conference (SCLC), who extended the program across the South. Historians have made far-reaching claims for the successes and benefits of the schools. For example, they claim that they recruited inexperienced but committed people and raised them to the status of community leaders; that they encouraged civic cooperation and political activism and formed the ―foundation on which the civil rights movement‖ was built and they argue that the schools were an unprecedented opportunity for women to develop as activists and as leaders. Yet, they base these claims on certain myths about the schools: that the first teacher Bernice Robinson was an inexperienced and uneducated teacher, that her class was a blueprint for similar ones and that Highlander bequeathed its educational philosophy to the SCLC program. They make claims about female participation without analyzing the gender composition of classes. This dissertation challenges these assumptions by comparing and contrasting programs established in Lowcountry South Carolina and in Savannah. -
“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. -
Song & Music in the Movement
Transcript: Song & Music in the Movement A Conversation with Candie Carawan, Charles Cobb, Bettie Mae Fikes, Worth Long, Charles Neblett, and Hollis Watkins, September 19 – 20, 2017. Tuesday, September 19, 2017 Song_2017.09.19_01TASCAM Charlie Cobb: [00:41] So the recorders are on and the levels are okay. Okay. This is a fairly simple process here and informal. What I want to get, as you all know, is conversation about music and the Movement. And what I'm going to do—I'm not giving elaborate introductions. I'm going to go around the table and name who's here for the record, for the recorded record. Beyond that, I will depend on each one of you in your first, in this first round of comments to introduce yourselves however you wish. To the extent that I feel it necessary, I will prod you if I feel you've left something out that I think is important, which is one of the prerogatives of the moderator. [Laughs] Other than that, it's pretty loose going around the table—and this will be the order in which we'll also speak—Chuck Neblett, Hollis Watkins, Worth Long, Candie Carawan, Bettie Mae Fikes. I could say things like, from Carbondale, Illinois and Mississippi and Worth Long: Atlanta. Cobb: Durham, North Carolina. Tennessee and Alabama, I'm not gonna do all of that. You all can give whatever geographical description of yourself within the context of discussing the music. What I do want in this first round is, since all of you are important voices in terms of music and culture in the Movement—to talk about how you made your way to the Freedom Singers and freedom singing. -
Swierstra's Francolin Francolinus Swierstrai
abcbul 28-070718.qxp 7/18/2007 2:05 PM Page 175 Swierstra’s Francolin Francolinus swierstrai: a bibliography and summary of specimens Michael S. L. Mills Le Francolin de Swierstra Francolinus swierstrai: bibliographie et catalogue des spécimens. Le Francolin de Swierstra Francolinus swierstrai, endémique aux montagnes de l’Angola occidental, est considérée comme une espèce menacée (avec le statut de ‘Vulnérable’). En l’absence d’obser- vations entre 1971 et 2005, nous connaissons très peu de choses sur cette espèce. Cette note résume l’information disponible, basée sur 19 spécimens récoltés de 1907 à 1971, et présente une bibliographie complète, dans l’espoir d’encourager plus de recherches sur l’espèce. Summary. Swierstra’s Francolin Francolinus swierstrai is the only threatened bird endemic to the montane region of Western Angola. With no sightings between 1971 and August 2005, knowl- edge of this species is very poor. This note presents a summary of available information, based on 19 specimens collected between 1907 and 1971, and provides a complete bibliography, in order to encourage further work on this high-priority species. wierstra’s Francolin Francolinus swierstrai (or SSwierstra’s Spurfowl Pternistis swierstrai) was last recorded in February 1971 (Pinto 1983), until its rediscovery at Mt Moco in August 2005 (Mills & Dean in prep.). This Vulnerable species (BirdLife International 2000, 2004) is the only threatened bird endemic to montane western Angola, an area of critical importance for biodiver- sity conservation (Bibby et al. 1992, Stattersfield et al. 1998). Swierstra’s Francolin has a highly fragmented range of c.18,500 km2 and is suspected, despite the complete lack of sightings for more than 30 years, to have a declining population estimated at 2,500–9,999. -
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. -
The Music Hunter's Quarry from a Trotting Horse
Career (Doubleday, 1969), provides an apt description of her profession, since from 1929 to 1979 she was truly a hunter The Music Hunter's Quarry from a of music. She was among those who were Trotting Horse ethnomusicologists long before that word came into use. Exposure to the tapes in the Boulton collection causes one Rick Torgerson to realize that Laura Boulton had seen a number of cultures before they became permanently changed by the technology of the modern world. In 1991 the Laura Boulton Foundation awarded a Because I am a cataloger and not a researcher, I do grant to the Archives of Traditional Music for the purpose not have the luxury of exploring each collection in depth. of hiring a librarian to catalog the sound recordings from Rather, I have the pleasure of surveying the entire the Boulton Collection. The cataloging was to appear in the collection "from a trotting horse." I examine a collection national online union catalog of the Online Computer long enough to be able to describe and summarize what is Library Center, Inc. (OCLC), as well as in Indiana there, and then I must move on to the next collection. University's online catalog, 10. I began work on the Boulton Just as the radio provides the listener the freedom to Collection as cataloger in February of 1992. imagine what is being described, the Laura Boulton tapes The Laura Boulton Collection has been distributed have provided with me with dozens of imaginary voyages among the following institutions: Columbia University, the through time and space, allowing me to witness in part Library of Congress, the Smithsonian Institution, and the those events, people, and scenes that have gone by and will Mathers Museum of World Cultures and the Archives of never be again. -
Download Whole Journal
and Audiovisual Archives Internationale Vereinigung der Schall- und audiovisuellen Archive Association Internationale d' Archiv Sonores et Audiovisuelles iasa journal • Journal of the International Association of Sound and Audiovisual Archives IASA • Journal de l'Association Internationale d'Archives Sonores et Audiovisuelles IASA • Zeitschrift der Internationalen Vereinigung der Schall- und audiovisuellen Archive IASA • EI Journal de Asociaci6n Internacional de Archivos Sonoros y Audiovisuales Editor: lise Assmann, The South African Broadcasting Corporation (SABC) Media Libraries, POBox 931,2006 Auckland Park, South Africa. Fax +27 (0 I I) 7144419· eMaikass!!'l~'l111~aJ>~<:9-,-~ Language Editor: Dorothy van Tonder, SABC The IASA Journal is published twice a year and sent to all the members of IASAApplications for membership of IASA should be sent to the Secretary General (see list of officers below). The annual dues are €40 for individual members and € 158 for institutiGlnal members. Back copies of the IASA Journal from 1971 are available on application. Subscription to the current year's issues of the IASA Journal is also available to non members at a cost of £70. Le IASA Journal est publie deux fois I'an et distribue 3 tous les membres de I'association. Veuillez envoyer vos demandes d'adhesion au secretaire dont vous trouverez I'adresse ci-dessous. Les cotisations annuelles se montent actuellement 3 €40 pour les membres individuels et € 158 pour les membres institutionnels. Les anciens numeros (3 partir de 1971 ) du IASA Journal sont disponibles sur demande. Ceux qui ne sont pas membres de I 'Association peuvent s'abonner au IASA Journal pour I'annee en cours au cout de €70. -
Sound Recordings and Dignity Takings: Reflections on the Racialization of Migrants in Contemporary Italy
Chicago-Kent Law Review Volume 92 Issue 3 Dignity Takings and Dignity Restoration Article 14 3-6-2018 Sound Recordings and Dignity Takings: Reflections on the Racialization of Migrants in Contemporary Italy Gianpaolo Chiriacò University of Salento Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law and Race Commons, and the Property Law and Real Estate Commons Recommended Citation Gianpaolo Chiriacò, Sound Recordings and Dignity Takings: Reflections on the Racialization of Migrants in Contemporary Italy, 92 Chi.-Kent L. Rev. 991 (2018). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol92/iss3/14 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. SOUND RECORDINGS AND DIGNITY TAKINGS: REFLECTIONS ON THE RACIALIZATION OF MIGRANTS IN CONTEMPORARY ITALY GIANPAOLO CHIRIACÒ* I. INTRODUCTION In the field of music, questions related to the nature of collaborative projects may offer some insight on how to apply the concepts of dignity takings and dignity restoration within ethnomusicology. Musical collabora- tion is a space where different individuals and subjectivities share their own artistic practices and products, as well as the musical cultures they repre- sent. The question is, who is going -
Appalachian Studies Bibliography Cumulation 2013-June 2016 ______
Appalachian Studies Bibliography Cumulation 2013-June 2016 _____________________ CONTENTS Agriculture and Land Use ................................................................................................................3 Appalachian Studies.........................................................................................................................8 Archaeology and Physical Anthropology ......................................................................................14 Architecture, Historic Buildings, Historic Sites ............................................................................18 Arts and Crafts ..............................................................................................................................21 Biography .......................................................................................................................................27 Civil War, Military.........................................................................................................................29 Coal, Industry, Labor, Railroads, Transportation ..........................................................................37 Description and Travel, Recreation and Sports .............................................................................63 Economic Conditions, Economic Development, Economic Policy, Poverty ................................71 Education .......................................................................................................................................82