The Stars: God’S Word in the Sky
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DEVOTED to INTELLECTUAL PROPERTY LITIGATION & ENFORCEMENT Edited by Gregory J
MAY/JUNE 2020 VOLUME 26 NUMBER 3 DEVOTED TO INTELLECTUAL PROPERTY LITIGATION & ENFORCEMENT Edited by Gregory J. Battersby and Charles W. Grimes Litigator® Copyright Litigation against each other. While Skidmore’s expert, Dr. Alexander Stewart, acknowledged that a chro- Ira Sacks and Evelina Gentry matic scale and arpeggios are com- mon musical elements, he found Taurus and Stairway to Heaven similar because the descending Led Zeppelin In 1971, Led Zeppelin released chromatic scales in the two compo- Prevails in Stairway to Heaven, written by sitions skip the note E and return to Jimmy Page and Robert Plant. the tonic pitch, A, and the notes in Stairway to Wolfe died in 1997 and in 2014 the scale have the same durations. Heaven Copyright a co-trustee of his trust, Michael Led Zeppelin’s expert, Dr. Lawrence Skidmore, filed a suit alleging Ferrara, testified that the two com- Battle that Stairway to Heaven infringed positions are completely distinct. the copyright in Taurus because Dr. Ferrara testified that the simi- Nearly 40 years after Led Zeppelin the opening notes of Stairway to larities claimed by Skidmore either released Stairway to Heaven— Heaven are substantially similar to involve unprotectable common viewed by many as one of the great- the eight-measure passage at the musical elements or are random. est rock songs of all time—Led beginning of the Taurus deposit The jury returned a verdict for Zeppelin was sued for copyright copy. The claimed portion includes Led Zeppelin. The jury found that infringement. The estate of guitar- five descending notes of a chro- Skidmore owned the copyright to ist Randy Wolfe, who composed matic musical scale. -
Petitioner V
No. ________ IN THE SUPREME COURT OF THE UNITED STATES ______________________ Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, Petitioner v. Led Zeppelin, et al., Respondents _______________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. PETITION FOR A WRIT OF CERTIORARI ______________________ Alfred J. (AJ) Fluehr, Esquire Counsel of Record FRANCIS ALEXANDER LLC 280 N. Providence Road | Suite 1 Media, PA 19063 (215) 341-1063 [email protected] Attorney for Petitioner, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust Dated: August 6, 2020 i Question Presented 1 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 represent the 106 years that the courts of this nation recognized that musical works were protected as created and fixed in a tangible medium under the Copyright Act of 1909—and that the deposit requirement was a technical formality. In those 106 years not one copyright trial was limited or controlled by the deposit, which was usually an incomplete outline of the song. -
B I O G R a P
Index Table of Contents Page 3 Preface by Ivor Harper Page 4 In the Beginning Page 10 The Line Ups Page 15 On the Road Page 23 The Old Studio Page 28 A New Lease of Life Page 41 Recording the ‘Lords of Hypocrisy’ Album Page 48 End of an Era Page 50 Pagan Altar 2007 Page 54 Pagan Altar 2008 Page 59 Pagan Altar 2009 Page 69 Pagan Altar 2010 Page 78 Pagan Altar 2010 -2013 Page 80 Recording ‘The Room of Shadows’ 2013 -2015 Page 81 Mixing ‘The Room of Shadows’ 2017 Page 89 Pagan Altar 2017 Page 97 Discography Page 103 Lyrics Preface When it was first suggested that I write this article I must say that it was with a certain amount of trepidation and mixed emotions that I agreed. I initially considered that being so close to members of the band for years that have spanned from before Pagan Altar was formed to the present day would not make me objective enough in my approach. Having been an ex-drummer with the band, in fact the first, an association that I am extremely proud of, I suppose my natural tendencies and inclinations would lean towards looking at the band through rose coloured glasses. I have therefore tried to observe and analyse the whole situation from a totally detached viewpoint, but human nature being what it is, some of my own opinions and observations have probably crept in and become incorporated within some of the analytical assumptions. I have refrained from mentioning myself in the Bio, this is not due to any pretence at a misguided view of modesty that I might have but because I genuinely feel that any major achievements made by the band were after my departure. -
Constellation Myths Has Exciting and Sometimes Tragic Guides for Gods and Heroes
TEACHER’S GUIDE TEACHER’S GUIDE TEACHER’S GUIDE Follow-up Activities • www.pantheon.org Encyclopedia Mythica supplies definitions, images, and pronunciation • This collection of constellation myths has exciting and sometimes tragic guides for gods and heroes. events happening at the beginning, middle, and endings of their stories. • www.mythweb.com/encyc/index.html Pretend you are a news reporter called to the scene of one of these Look up your favorite Greek character in this encyclopedia of Greek events. Develop a list of “who,”“what,”“where,”“why” and “how” ques- mythology. tions to ask one of the characters.With a partner, take turns asking and • www.mythman.com recording answers about the tragic or exciting event.Write it up as a A humorous homework help site for students with classical myth “breaking news” story. retellings. • There are many variations and mythological beings in constellation and nature myths. Have students research, compare, and contrast other ver- Suggested Print Resources sions of these tales. Use Bulfinch’s Mythology by Thomas Bulfinch • Andrews,Tamra. Dictionary of Nature Myths: Legends of the Earth, Sea, (Random House, 1998) to discover alternate stories. and Sky. Oxford University Press, Oxford, NY; 2000. • Students can research other stars and planets named after characters in • D’Aulaire, Ingri and Edgar Parin D’Aulaire. Ingri and Edgar Parin Greek mythology. Have them find out why the beautiful Pleiades, the D’Aulaire’s Book of Greek Myths. Doubleday, Garden City, NY; 1962. One CONSTELLATION MYTHS seven daughters of Atlas, are placed as stars in front of the Orion con- of the best-loved classical collections of Greek mythology. -
Naming the Extrasolar Planets
Naming the extrasolar planets W. Lyra Max Planck Institute for Astronomy, K¨onigstuhl 17, 69177, Heidelberg, Germany [email protected] Abstract and OGLE-TR-182 b, which does not help educators convey the message that these planets are quite similar to Jupiter. Extrasolar planets are not named and are referred to only In stark contrast, the sentence“planet Apollo is a gas giant by their assigned scientific designation. The reason given like Jupiter” is heavily - yet invisibly - coated with Coper- by the IAU to not name the planets is that it is consid- nicanism. ered impractical as planets are expected to be common. I One reason given by the IAU for not considering naming advance some reasons as to why this logic is flawed, and sug- the extrasolar planets is that it is a task deemed impractical. gest names for the 403 extrasolar planet candidates known One source is quoted as having said “if planets are found to as of Oct 2009. The names follow a scheme of association occur very frequently in the Universe, a system of individual with the constellation that the host star pertains to, and names for planets might well rapidly be found equally im- therefore are mostly drawn from Roman-Greek mythology. practicable as it is for stars, as planet discoveries progress.” Other mythologies may also be used given that a suitable 1. This leads to a second argument. It is indeed impractical association is established. to name all stars. But some stars are named nonetheless. In fact, all other classes of astronomical bodies are named. -
Elusive European Monsters Alli Starry
1 SELKIE Seal by sea and sheds its skin to walk on land in human form. This creature comes from the Irish and Scottish and Faroese folklore to keep their women cautious of men from the sea. 0 375 750 Km 9 KELPIE 2 PHOUKA N A shapeshifting water spirit in the lochs and A shapeshifting goblin sighted by the top of rivers of Scotland. The kelpie is told to warn the River Liffey. Takes drunkards on a wild children away from dangerous waters and women night ride and dumps them in random places. 6 to be wary of strangers. The Kelpie commonly Can be a nice excuse for a takes the shape of a horse with backwards hooves night at the pub. as it carries off its victims. 5 1 3 9 2 8 8 BOLOT N IK 4 A swamp monster originating from Poland. The Bolotnik pretends to be a stepping LOCH NESS 3 stone in a swamp when people pass through, then MON STER moves; causing its victims to fall into the mud where they can then be devoured. Legend has it that Loch Ness, Scotland has plesiosaur living in its depths. Affectionately named Nessie, a fisherman once 7 CET US spotted her surfacing the 7 Cetus is a sea monster from Greek Mythology. loch and Cetus is a mix between the sea serpent and a snapped a Map By: Alli Starry Monster information from Wikipedia whale. Its tale has been passed down through fuzzy picture. Pictures from deviantart.com the ages of Grecian folktales. It now resides World Mercator Projection; WKID: 54004 among the stars as a constellation. -
Johannes Hevelius' Atlas of Constellations, Based on a Lifetime's
Johannes Hevelius’ atlas of constellations, based on a lifetime’s researches from this private observatory, was the finest of its time, and one of the few ever to be produced by a practicing astronomer rather than a cartographer. Hevelius, Johannes. Prodromus astronomiæ: exhibens fundamenta, quæ tam ad novum planè & correctiorem stellarum fixarum catalogum construendum, quàm ad omnium planetarum tabulas corrigendas omnimodè spectant … quibus additus est uter[que] catalogus stellarum fixarum… . Gedani : Typis Johannis-Zachariæ Stolli, 1690. 18 3/4 inches (400 mm), [20], 350, [2] pp. Johannes Hevelius’ (1611–1687) atlas of constellations was the finest of its time, and one of the few ever to be produced by a practicing astronomer rather than a cartographer., the Stellaburgum in his native Danzig (Gdansk), the work was published posthumously with an introduction by the author’s widow. It consists of three texts: a technological and methodological Prodromus Astronomiae (Spreads 19–103), the Catalogus Stellarum Fixarum, a catalogue of 1564 stars, arranged alphabetically by constellation, subdivided by stellar magnitude (Spreads 103–208), and the Firmamentum Sobiescianum (Spreads 5–17), named for his royal patron—Kepler had commemorated the Emperor Rudolf II in similar style in the title of Tabulae Rudolphinae. Its accompanying atlas of 54 double- page plates (Spreads 209–314) and 2 large folding planispheres depicting the northern and southern skies (Spreads 314 and 316). These engravings are the glory of the book, wonderful specimens of the Michelangelo approach to the night sky a Sistine ceiling of constellations. In producing his atlas, Hevelius, whose portrait appears at Spread 30, had the enormous advantage of having himself discovered more than 600 new stars from which to draw in devising a dozen new constellations. -
Chance the Rapper's Creation of a New Community of Christian
Bates College SCARAB Honors Theses Capstone Projects 5-2020 “Your Favorite Rapper’s a Christian Rapper”: Chance the Rapper’s Creation of a New Community of Christian Hip Hop Through His Use of Religious Discourse on the 2016 Mixtape Coloring Book Samuel Patrick Glenn [email protected] Follow this and additional works at: https://scarab.bates.edu/honorstheses Recommended Citation Glenn, Samuel Patrick, "“Your Favorite Rapper’s a Christian Rapper”: Chance the Rapper’s Creation of a New Community of Christian Hip Hop Through His Use of Religious Discourse on the 2016 Mixtape Coloring Book" (2020). Honors Theses. 336. https://scarab.bates.edu/honorstheses/336 This Open Access is brought to you for free and open access by the Capstone Projects at SCARAB. It has been accepted for inclusion in Honors Theses by an authorized administrator of SCARAB. For more information, please contact [email protected]. “Your Favorite Rapper’s a Christian Rapper”: Chance the Rapper’s Creation of a New Community of Christian Hip Hop Through His Use of Religious Discourse on the 2016 Mixtape Coloring Book An Honors Thesis Presented to The Faculty of the Religious Studies Department Bates College in partial fulfillment of the requirements for the Degree of Bachelor of Arts By Samuel Patrick Glenn Lewiston, Maine March 30 2020 Acknowledgements I would first like to acknowledge my thesis advisor, Professor Marcus Bruce, for his never-ending support, interest, and positivity in this project. You have supported me through the lows and the highs. You have endlessly made sacrifices for myself and this project and I cannot express my thanks enough. -
A Collection of Curricula for the STARLAB Greek Mythology Cylinder
A Collection of Curricula for the STARLAB Greek Mythology Cylinder Including: A Look at the Greek Mythology Cylinder Three Activities: Constellation Creations, Create a Myth, I'm Getting Dizzy by Gary D. Kratzer ©2008 by Science First/STARLAB, 95 Botsford Place, Buffalo, NY 14216. www.starlab.com. All rights reserved. Curriculum Guide Contents A Look at the Greek Mythology Cylinder ...................3 Leo, the Lion .....................................................9 Introduction ......................................................3 Lepus, the Hare .................................................9 Andromeda ......................................................3 Libra, the Scales ................................................9 Aquarius ..........................................................3 Lyra, the Lyre ...................................................10 Aquila, the Eagle ..............................................3 Ophuichus, Serpent Holder ..............................10 Aries, the Ram ..................................................3 Orion, the Hunter ............................................10 Auriga .............................................................4 Pegasus, the Winged Horse..............................11 Bootes ..............................................................4 Perseus, the Champion .....................................11 Cancer, the Crab ..............................................4 Phoenix ..........................................................11 Canis Major, the Big Dog -
The Cosmic Multiplications. 99
THE COSMIC AlULTIPLICATIONS. BY LAWRENCE PARMLY BROWN. THE extant stories of miraculous multiplication or increase of things in number or quantity were evidently suggested by the natural phenomena of reproduction and growth in the animal and vegetable kingdoms ; the solar or soli-cosmic father-god being the great multiplier as the active or spiritual factor in nature, while the function of the earth-mother appears to have been considered of such a purely passive character that she is generally ignored in the multiplication stories that have come down to us. In the Old Testament we find Jehovah as the great multiplier, especially of men (Gen. xvi. 10; xvii. 2, 20; Ex. xxxii. 13; Ezek. xvi. 7; etc.). Habakkuk says to him: "Thou makest men as the fishes of the sea" (i. 1-1—the Heb. dag = fish, from dagah = to multiply, being "so called from multiplying abundantly" ; Gesenius, in voc). Ezekiel makes Jehovah say: "And I will multiply upon you man and beast. .and I will call for the corn, and will multiply it (A. \\, 'increase it') . .And I will multiply the fruit of the tree and the increase of the field" (xxxvi. 11, 29, 30). In Ps. iv. 7, it is said to the Lord : "Thou hast put gladness in my heart more than in the time that their corn and their wine multiplied (A. V., 'increased')." In 1 Kings xvii. 8-16, a "handful of meal in a barrel and a little oil in a cruse" are miraculously multiplied or increased from day to day, as "the Lord God of Israel" promised Elijah, thus for many days feeding not only the prophet but also the poor widow of Zarephtah and her son who dies and is restored to life by Elijah (doubtless for the solar child born of the widowed earth-mother in the fruitless winter season, in which he also dies to be resurrected in the spring as the season of nature's multiplica- tions). -
United States District Court Central District of California
Case 2:15-cv-03462-RGK-AGR Document 159 Filed 04/08/16 Page 1 of 20 Page ID #:4017 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 15-3462 RGK (AGRx) Date April 8, 2016 Title Michael Skidmore v. Led Zeppelin et al. Present: The R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE Honorable Sharon L. Williams Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) Order re: Defendants’ Motion for Summary Judgment (DE 97) I. INTRODUCTION On May 31, 2014, Michael Skidmore, as trustee for the Randy Craig Wolfe Trust (“Plaintiff”) filed suit against Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul Jones, Super Hype Publishing, Inc., and Warner Music Group Corp., which is the parent company of Warner/Chappell Music, Inc., Atlantic Recording Corporation, and Rhino Entertainment Company (“Defendants”). On October 8, 2014, Plaintiff filed a First Amended Complaint (“FAC”). The FAC claims that Defendants’ song, Stairway to Heaven, infringes another song, Taurus, created by the rock band Spirit. The lawsuit alleges: (1) Copyright Infringement and (2) Violation of the Right of Attribution. Presently before the Court is Defendants’ Motion for Summary Judgment. For the following reasons, the Court DENIES IN PART and GRANTS IN PART Defendants’ motion. II. FACTUAL BACKGROUND This case involves the vehemently contested history of two songs: the iconic Stairway to Heaven by Led Zeppelin and the lesser-known Taurus by the rock band Spirit. Because the surviving band members of each group figure prominently in the ensuing narrative, the Court briefly sets out the cast of relevant figures. -
Jonah in Patience and Prudentius
JONAH IN PATIENCE AND PRUDENTIUS B.S. Lee The most individualistic adaptation of the dramatic story of Jonah in the Middle Ages is surely that of the Archpoet. An engaging rogue he seems, clamouring as ever for the crumbs of the good life from which his feckless- ness has excluded him: male vivens et moleste, trutannizans inhoneste omne festum duco maeste.1 If he is reduced to living the life of a tramp, that is no more than one would expect of a poet who roundly declared, in one of the best known lines 2 of mediaeval Latin verse, Meum est propositum in taberna mori." But he appeals to his patron, Rainald of Dassel, archbishop of Cologne from 1159, to restore him to favour and thereby, one gathers, to his only available means of subsistence, by comparing himself to Jonah praying from the belly of the whale. Si remittas hunc reatum et si ceto des mandatum, cetus, cuius os est latum, more suo dans hiatum vomet vatum decalvatum 194 195 et ad portum destinatum feret fame tenuatum, ut sit rursus vates vatum scribens opus tibi gratum. That is surely a startling parody of Jonah's humble prayer for salvation, and of his sufferings in a situation typologically understood to portray the death of Christ.3 What the Archpoet is pleading to be relieved from is poverty: "paupertatis premor peste." No predecessor of St. Francis he? nor, 4 as the English author of Patience, mindful of the Beatitudes in Matthew: Thay arn happen paf han in hert pouerte, For hores is pe heuen-ryche to holde for euer (13-14), is he concerned to make spiritual virtue out of earthly deprivation.