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