A Proposal for Determining Substantial Similarity in Pop Music
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An Analysis of Melodic Plagiarism Recognition Using Musical
An Analysis of Melodic Plagiarism Recognition using Musical Similarity Algorithms Nick Schuitemaker ([email protected]) College number: 6259855 Bachelor Kunstmatige Intelligentie, UU June 2020 - 7.5 ECTS Attendant 1: Frans Adriaans Attendant 2: Jakub Dotlacil Abstract What we can see from this is that the rules are vague and often inconsistent, and this is a significant problem. Com- Court cases on melody infringement are decided based on panies can lose millions of dollars in a lawsuit that is based vague unspecified terms like the ‘substantial similarities’ be- tween melodies. It is then up to experts to unbiasedly explain on vague inconsistent rules like this. To solve this problem, these concepts to an untrained judge, which has often lead to we attempt to find an objective solution to help measure pla- controversial verdicts. This paper presents an attempt at ob- giarism. Many algorithms have been proposed to determine jectifying vague terms like ‘substantial similarity’ in cases of melodic plagiarism by testing whether existing melodic sim- similarities between songs. Mainly, these are so-called ‘Fin- ilarity algorithms can help determine plagiarism. Perceived gerprinting, algorithms designed to recover a song based on similarity by ordinary humans (intrinsic test) and expert anal- a possibly inaccurate sample. We intend to seek out the fea- yses in court (extrinsic test) are used to gather requirements that an algorithm needs to meet in order to accurately predict sibility of using these algorithms to determine plagiarism in plagiarism. Some well-known similarity algorithms and pre- music. This contributes to the area of Artificial Intelligence processing algorithms are presented and analyzed on whether by finding important use for computational methods to aid they meet the requirements. -
In the United States District Court for the District of Delaware
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CALLAWAY GOLF COMPANY, ) ) Plaintiff/Defendant-in-Counterclaim, ) ) v. ) ) Civil Action No. 01-669-KAJ DUNLOP SLAZENGER GROUP AMERICAS, ) INC., d/b/a MAXFLI, ) ) Defendant/Plaintiff-in-Counterclaim. ) MEMORANDUM ORDER I. Introduction Presently before me is a motion (D.I. 364) filed by Dunlop Slazenger Group Americas, Inc. d/b/a Maxfli (“Dunlop”) seeking reconsideration of the May 13, 2004 Memorandum Opinion and Order (Docket Item [“D.I.”] 358, 359) in which I granted Callaway Golf Company’s (“Callaway”) motion for partial summary judgment on Dunlop’s counterclaim for misappropriation of trade secrets related to Dunlop’s polyurethane golf ball technology. In a separately filed motion (D.I 366), Dunlop also seeks reconsideration of the part of my Opinion and Order dated May 18, 2004 (D.I. 361, 362) in which I granted Callaway’s motion for partial summary judgment on Dunlop’s claims for negligent hiring, training, supervision, and/or retention of employees, conversion and unjust enrichment. I have jurisdiction over this case pursuant to 28 U.S.C. §§ 1331, 1338, and 1367. For the reasons that follow, the motions will be denied. 1 II. Background Because the factual and procedural history of this case is set forth in several prior rulings, see Memorandum Opinion dated May 13, 2004 (D.I. 359), Memorandum Opinion dated May 18, 2004 (D.I. 362), Memorandum Order dated May 18, 2004 (D.I. 360), and Memorandum Order dated May 21, 2004 (D.I. 363), it will not be repeated here. Rather, the facts pertinent to the motions currently before me are incorporated in the discussion below. -
PTAB April 8, 2021 Meeting Packet
Municipality of Anchorage Public Transit Advisory Board Meeting Agenda April 8, 2021, 5:30–7:00 p.m. https://bit.ly/PTAB-April-2021 1. Call to Order 2. Roll Call 3. Approval of the Agenda 4. Public Involvement Announcement: For those watching live online, comments and questions can be submitted via Teams Live Q&A by clicking on the Q&A button on the right side of the screen. Public comments for this meeting have also been collected via email and people have had the opportunity to sign up for a phone call. When the Board reaches your agenda item, your comment will be addressed, first by written comment, then by Teams Live Q&A, and finally via outbound phone call. If you have elected to be contacted by phone, the meeting moderator will attempt to call you after the agenda item has been discussed by the Board. You will have 2 minutes to speak on each item you wish to comment on. Written comments will be read aloud by the meeting moderator after the items have been discussed by the Board. Teams Live Q&A comments will be addressed when appropriate. A recording is being made of this meeting and will be posted on the Municipal website. 5. Action / Information Items a. Minutes of the March 11, 2021 Meeting (Action Item) b. Director’s Update (Info Item) c. PTAB Core Ideology and Annual Goals (Action Item) d. 2020 System Report Card (Info Item) e. Ridership Update (Info Item) 6. Public Comments [2 minutes each] 7. Member Comments 8. -
Music Law and Business: a Comprehensive Bibliography, 1982-1991 Gail I
Hastings Communications and Entertainment Law Journal Volume 13 | Number 4 Article 5 1-1-1991 Music Law and Business: A Comprehensive Bibliography, 1982-1991 Gail I. Winson Janine S. Natter Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Gail I. Winson and Janine S. Natter, Music Law and Business: A Comprehensive Bibliography, 1982-1991, 13 Hastings Comm. & Ent. L.J. 811 (1991). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol13/iss4/5 This Special Feature is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Music Law and Business: A Comprehensive Bibliography, 1982-1991* By GAIL I. WINSON** AND JANINE S. NArrER*** Table of Contents I. Law Review and Journal Articles ......................... 818 A . A ntitrust ............................................ 818 B. Bankruptcy .......................................... 819 C. Bibliographies ....................................... 819 D . Contracts ........................................... 819 1. M anagem ent ..................................... 821 2. Personal Service ................................ -
Peter Sidote : Determination Dta Nos
STATE OF NEW YORK DIVISION OF TAX APPEALS __________________________________________ In the Matter of the Petitions : of : PETER SIDOTE : DETERMINATION DTA NOS. 825772, for Revision of Determinations or for Refund of : 825899, 825964, Sales and Use Taxes under Articles 28 and 29 of AND 825965 the Tax Law for the Periods June 1, 2008 through : February 28, 2010 and June 1, 2010 through May 31, 2013. : __________________________________________ Petitioner, Peter Sidote, filed petitions for revision of determinations or for refund of sales and use taxes under Articles 28 and 29 of the Tax Law for the periods June 1, 2008 through February 28, 2010 and June 1, 2010 through May 31, 2013. A hearing was held before Barbara J. Russo, Administrative Law Judge, at the offices of the Division of Tax Appeals in New York, New York, on October 2, 2014 at 10:30 A.M., with all briefs to be submitted by February 26, 2015, which date commenced the six-month period for issuance of this determination. Petitioner appeared by Sales Tax Defense LLC (Mark L. Stone, CPA, and Jennifer Koo, Esq., of counsel). The Division of Taxation appeared by Amanda Hiller, Esq. (Michael J. Hall). ISSUES I. Whether Peter Sidote was a person responsible for the collection and payment of sales and use taxes on behalf of POP, Inc., d/b/a Party Time Beverages, within the meaning and intent of Tax Law §§ 1131(1) and 1133(a). -2- II. Whether the Division of Taxation has met its burden of proof for the assertion of fraud penalties against petitioner pursuant to Tax Law § 1145(a)(2). -
The Globalization of K-Pop: the Interplay of External and Internal Forces
THE GLOBALIZATION OF K-POP: THE INTERPLAY OF EXTERNAL AND INTERNAL FORCES Master Thesis presented by Hiu Yan Kong Furtwangen University MBA WS14/16 Matriculation Number 249536 May, 2016 Sworn Statement I hereby solemnly declare on my oath that the work presented has been carried out by me alone without any form of illicit assistance. All sources used have been fully quoted. (Signature, Date) Abstract This thesis aims to provide a comprehensive and systematic analysis about the growing popularity of Korean pop music (K-pop) worldwide in recent years. On one hand, the international expansion of K-pop can be understood as a result of the strategic planning and business execution that are created and carried out by the entertainment agencies. On the other hand, external circumstances such as the rise of social media also create a wide array of opportunities for K-pop to broaden its global appeal. The research explores the ways how the interplay between external circumstances and organizational strategies has jointly contributed to the global circulation of K-pop. The research starts with providing a general descriptive overview of K-pop. Following that, quantitative methods are applied to measure and assess the international recognition and global spread of K-pop. Next, a systematic approach is used to identify and analyze factors and forces that have important influences and implications on K-pop’s globalization. The analysis is carried out based on three levels of business environment which are macro, operating, and internal level. PEST analysis is applied to identify critical macro-environmental factors including political, economic, socio-cultural, and technological. -
The Freedom to Copy: Copyright, Creation, and Context
The Freedom to Copy: Copyright, Creation, and Context Olufunmilayo B. Arewa* Although much separates them musically, George Harrison and Michael Bolton share a common legal fate. Both have been held liable in copyright infringement cases in which a court articulated theories of liability based on subconscious infringement. This Article discusses how decisions in the Bolton, Harrison, and other copyright infringement cases reflect a common failing. Such decisions highlight the incomplete nature of the theories of creativity and creation processes in copyright doctrine. After discussing current approaches to questions of creation, this Article suggests ways in which copyright theory can better incorporate a contextualized understanding of creativity and creation processes. Creativity in copyright is frequently characterized as not involving copying, which is typically thought to be antithetical to both originality and creativity. This stigmatization of copying, however, means that copyright theory cannot adequately account for the reality of not infrequent similarities between works that are a result of copying both ideas and expression in the creation of new works. This missing theoretical link has significant implications for copyright in practice. The lack of legal analysis of the full range of creativity and processes of creation is also a major reason why copyright theory often has such difficulty delineating what constitutes appropriate and inappropriate copying of existing works. * Associate Professor, Northwestern University School of Law. A.B. Harvard College; M.A. Anthropology, Ph.D. Anthropology, University of California, Berkeley; A.M. Applied Economics, University of Michigan; J.D., Harvard Law School. For their helpful comments and suggestions on earlier drafts, I am indebted to Margaret Chon, Julie Cohen, Paul Heald, Kevin Jon Heller, Andrew Koppelman, Roberta Rosenthal Kwall, Jacqueline Lipton, Andrew P. -
Serra-Joan-Identification-Of-Versions
Identification of Versions of the Same Musical Composition by Processing Audio Descriptions Joan Serrà Julià TESI DOCTORAL UPF / 2011 Director de la tesi: Dr. Xavier Serra i Casals Dept. of Information and Communication Technologies Universitat Pompeu Fabra, Barcelona, Spain Copyright c Joan Serrà Julià, 2011. Dissertation submitted to the Deptartment of Information and Communica- tion Technologies of Universitat Pompeu Fabra in partial fulfillment of the requirements for the degree of DOCTOR PER LA UNIVERSITAT POMPEU FABRA, with the mention of European Doctor. Music Technology Group (http://mtg.upf.edu), Dept. of Information and Communica- tion Technologies (http://www.upf.edu/dtic), Universitat Pompeu Fabra (http://www. upf.edu), Barcelona, Spain. Als meus avis. Acknowledgements I remember I was quite shocked when, one of the very first times I went to the MTG, Perfecto Herrera suggested that I work on the automatic identification of versions of musical pieces. I had played versions (both amateur and pro- fessionally) since I was 13 but, although being familiar with many MIR tasks, I had never thought of version identification before. Furthermore, how could they (the MTG people) know that I played song versions? I don’t think I had told them anything about this aspect... Before that meeting with Perfe, I had discussed a few research topics with Xavier Serra and, after he gave me feedback on a number of research proposals I had, I decided to submit one related to the exploitation of the temporal information of music descriptors for music similarity. Therefore, when Perfe suggested the topic of version identification I initially thought that such a suggestion was not related to my proposal at all. -
A Guide to Copyright & Plagiarism
A GUIDE TO COPYRIGHT & PLAGIARISM Work that is submitted to the Scholastic Art & Writing Awards must not be plagiarized or violate copyright laws. If a submitted work is plagiarized and/or violates copyright law, the work will be disqualified from the Scholastic Awards. To avoid this from happening, please review these guidelines for submitting your work. PLAGIARISM IS DIFFERENT FROM A COPYRIGHT VIOLATION PLAGIARISM is an ethical violation. Plagiarism is failing to cite sources and engaging in the act of passing someone else’s work or ideas off as one’s own. • If you take another person’s words, materials, images, etc. without citing them (i.e. if you pass someone else’s work off as your own), the work is plagiarized. This applies even if you have only copied a part, rather than the whole, of another’s work. A COPYRIGHT is a property right. Copyright is a form of legal protection prohibiting others from copying one’s creative work without permission. • Just as someone owns a car and another person may not steal it, an artist or writer owns the rights to the creative expression of his/her own original work and another person may not steal it by copying it without permission. • Copyrights to a work arise as soon as the work is fixed to a tangible form. For example, an idea for a painting is not protected until the idea is actually expressed on a canvas or in another tangible form. Submissions that contain plagiarism and/or copyright violations should not be submitted to the scholastic awards. -
Conceptually Androgynous
Umeå Center for Gender Studies Conceptually androgynous The production and commodification of gender in Korean pop music Petter Almqvist-Ingersoll Master Thesis in Gender Studies Spring 2019 Thesis supervisor: Johanna Overud, Ph. D. ABSTRACT Stemming from a recent surge in articles related to Korean masculinities, and based in a feminist and queer Marxist theoretical framework, this paper asks how gender, with a specific focus on what is referred to as soft masculinity, is constructed through K-pop performances, as well as what power structures are in play. By reading studies on pan-Asian masculinities and gender performativity - taking into account such factors as talnori and kkonminam, and investigating conceptual terms flower boy, aegyo, and girl crush - it forms a baseline for a qualitative research project. By conducting qualitative interviews with Swedish K-pop fans and performing semiotic analysis of K-pop music videos, the thesis finds that although K-pop masculinities are perceived as feminine to a foreign audience, they are still heavily rooted in a heteronormative framework. Furthermore, in investigating the production of gender performativity in K-pop, it finds that neoliberal commercialism holds an assertive grip over these productions and are thus able to dictate ‘conceptualizations’ of gender and project identities that are specifically tailored to attract certain audiences. Lastly, the study shows that these practices are sold under an umbrella of ‘loyalty’ in which fans are incentivized to consume in order to show support for their idols – in which the concept of desire plays a significant role. Keywords: Gender, masculinity, commercialism, queer, Marxism Contents Acknowledgments ................................................................................................................................... 1 INTRODUCTION ................................................................................................................................. -
Substantial Similarity” Infringement Test
LCB_23_2_Article_3_Sprigman (Do Not Delete) 6/13/2019 9:29 PM THE FILTRATION PROBLEM IN COPYRIGHT’S “SUBSTANTIAL SIMILARITY” INFRINGEMENT TEST by Christopher Jon Sprigman* and Samantha Fink Hedrick** Copyright protects original artistic and literary expression. It does not protect ideas, facts, or other elements that may be found in artistic and literary works but which Section 102(b) of the Copyright Act, or the judge-made merger and scènes à faire doctrines, place outside the scope of copyright protection. The principle that copyright protects expression but not ideas is easy enough to ar- ticulate, but actually implementing it in copyright infringement litigation is considerably more difficult. This Article focuses not on the theory of idea/expression boundary-setting, but on the mechanics. In particular, how can we make sure that the distinction between protectable expression and unprotectable ideas is faithfully reflected in infringement verdicts? To implement the copyright infringement standard, judges typically engage in a process of “filtration,” by which they separate out ideas and other unprotectable elements of a work. But this procedure does not, by itself, ensure that the idea/expression distinction plays its intended role in the ultimate decision regarding infringement, especially when that decision is made by a jury. If the court’s initial filtration is to have any role in ensuring that infringement is found only on the basis of similarity of protected elements, the jury must be instructed regarding the elements of the works at issue that are protected by copyright and those that are not. But in some cases, instruc- tions may not be enough. -
A Portrait of Fandom Women in The
DAUGHTERS OF THE DIGITAL: A PORTRAIT OF FANDOM WOMEN IN THE CONTEMPORARY INTERNET AGE ____________________________________ A Thesis Presented to The Honors TutoriAl College Ohio University _______________________________________ In PArtiAl Fulfillment of the Requirements for Graduation from the Honors TutoriAl College with the degree of Bachelor of Science in Journalism ______________________________________ by DelAney P. Murray April 2020 Murray 1 This thesis has been approved by The Honors TutoriAl College and the Department of Journalism __________________________ Dr. Eve Ng, AssociAte Professor, MediA Arts & Studies and Women’s, Gender, and Sexuality Studies Thesis Adviser ___________________________ Dr. Bernhard Debatin Director of Studies, Journalism ___________________________ Dr. Donal Skinner DeAn, Honors TutoriAl College ___________________________ Murray 2 Abstract MediA fandom — defined here by the curation of fiction, art, “zines” (independently printed mAgazines) and other forms of mediA creAted by fans of various pop culture franchises — is a rich subculture mAinly led by women and other mArginalized groups that has attracted mAinstreAm mediA attention in the past decAde. However, journalistic coverage of mediA fandom cAn be misinformed and include condescending framing. In order to remedy negatively biAsed framing seen in journalistic reporting on fandom, I wrote my own long form feAture showing the modern stAte of FAndom based on the generation of lAte millenniAl women who engaged in fandom between the eArly age of the Internet and today. This piece is mAinly focused on the modern experiences of women in fandom spaces and how they balAnce a lifelong connection to fandom, professional and personal connections, and ongoing issues they experience within fandom. My study is also contextualized by my studies in the contemporary history of mediA fan culture in the Internet age, beginning in the 1990’s And to the present day.