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copyright

Monday News: The Turtles’s copyright case, discrimination suit against Nicholas Sparks, PW’s publishing survey results, and “motion as metaphor”

Monday News: The Turtles’s copyright case, discrimination suit against Nicholas Sparks,...

Music recordings produced before 1972 are not subject to the provisions of the 1995 federal law that makes digital radio services like SiriusXM to pay for post-1972 music they play on their stations. So now state copyright laws are being called upon to fill in this gap, and that’s an enormous problem, not only because of the differences among states, but also because all of this music has never been subject to royalties payments. And don’t we all know how disastrous attempts to extend copyright and trademark in other areas have been (Disney, anyone)?

It mean that companies could be on the hook for a new type of state-based copyright royalty every time they play a song that dates from prior to 1972. Worse, the rules vary from state to state. Depending on what courts decide, a radio station may have to pay in California but not in New York.

The quagmire gets deeper still because no one is sure if the DMCA (an important federal shield law that can give websites immunity for copyright infringement by their users) applies to state-based copyright action. Based on the logic of the SiriusXM ruling, record labels could now be in position to go after sites like YouTube or Facebook whenever people upload an oldie.

In this confusing legal environment, lawyers may begin advising media companies of all stripes to refrain from playing music from the 1950’s, 1960’s and early 1970’s. –Gigaom

Epiphany school is independent from official religious affiliations, but says its values and guiding principles are rooted in Judaeo-Christian traditions. Sparks, who was raised Roman Catholic, had his first Jewish protagonists in his 2013 book The Longest Ride.

Benjamin, who is of Jewish heritage and Quaker faith, believes that his efforts to make the school more diverse “enraged” Sparks and members of the school’s board of trustees. –The Guardian

Employees at publishing houses worked a little bit longer each week and made a little more money in 2013 than they did in 2012. Those were just two of the findings of PW’s annual salary survey, which was conducted this summer and which, for the first time, featured a number of questions on racial diversity in the industry. While it’s no surprise that the publishing sector is overwhelmingly white, the lack of diversity is a bit eye-opening: of the 630 respondents who identified their race, 89% described themselves as white/Caucasian, with 3% selecting Asian and another 3% indicating Hispanic. Only 1% said they are African-American. –Publishers Weekly

I think in movement terms. Human beings move on two legs across the floor, across the earth. We don’t do very much on the ground. We don’t have that kind of power in us. And we can’t go as fast as most four-footed animals do. Our action is here on our two legs. That’s what our life is about. When one thinks about falling, dying, or a loss of consciousness, this is a condition that is out of the normal range of human momentum. With jumping, although we all try to do it, we are again caught, because we can’t stay up there very long. So it becomes virtuoso. You know, when someone jumps high and stays long enough for it to register, it becomes a virtuoso feat. –Brain Pickings

Tuesday News: Dangers of corporate copyright infringement, when gender and religion collide, 1930s Harlem map, and cute proposal story

Tuesday News: Dangers of corporate copyright infringement, when gender and religion...

While the stereotypical copyright story pits private users against large corporate rights-holders, real-world cases are often more complex. After all, most content creators are private, and many content users—as well as content infringers—are corporate. The corporate infringements are the most frustrating, as I live off photo licenses issued to corporations in the same sectors. . . .

For a concise idea of what could go wrong, let me indulge in a list of recent venues where commercial interests have used my work without permission, payment, or even a simple credit:

Billboards, YouTube commercials, pesticide spray labels, website banners, exterminator trucks, t-shirts, iPhone cases, stickers, company logos, eBook covers, trading cards, board games, video game graphics, children’s books, novel covers, app graphics, alt-med dietary supplement labels, press releases, pest control advertisements, crowdfunding promo videos, coupons, fliers, newspaper articles, postage stamps, advertisements for pet ants (yes, that’s a thing), canned food packaging, ant bait product labels, stock photography libraries, and greeting cards. –Ars Technica

The plane took off 20 minutes late because an ultra-Orthodox man was negotiating with passengers so as not to have to sit next to a woman—me—on the 11-hour flight. I asked myself if this was karma or poetic justice. After all, I had just spoken to hundreds of people about exactly these issues and the way women are made to feel like second-class citizens as a result. Part of me wanted to smile and hand out copies of my book. But I sat there silently for a long time, watching all this happen, witnessing all these men around me talking about me, mostly in Yiddish, but also in Hebrew and English, without looking directly at me. I sat there, torn between my desire not to make a scene and my feeling that If I don’t articulate, right here and now, how all this affects women, how this affects me, who will? –Tablet Magazine

But keep in mind that this map is not drawn to scale. I know it looks like the joints are jumping from the second you step off the curb, but in reality, you’ll need to hoof it 21 blocks from the top of Central Park to 131st street for things to start cookin’. Hopefully, this geographical liberty won’t get you too hot under the collar. And if it does, well, it may be Prohibition, but stress-relieving beverages await you in every location listed, as well as in some 500 speakeasies Campbell allowed to remain on the down low. –Open Culture

Fader wrote in her blog this weekend, “While the duration of time the ring sat there for is wholly unknown to us — time having been so distorted that afternoon — it was long enough for Mal to think, ‘Huh. That will be tricky to pick up.’ No sooner had this thought occurred, the ring slipped through the space and fell into oblivion.” –ABC News