Isomatic UK Weblog. Peter and Selina Burton's news, covering our personal interests, e. Jazz starts at 8 PM. Wednesday 2nd November 2. Find the latest sports news and articles on the NFL, MLB, NBA, NHL, NCAA college football, NCAA college basketball and more at ABC News. Aghet is a powerful documentary, depicting the annihilation of 1.5 million Armenians from 1915-1923 and the effects of the Turkish government's international campaign of genocide denial. The film highlights the Turkish. Glimpses of the historic Ranpur Fort: After succeeding his father in 1290, Ranji Sejakji Gohil established Ranpur after his name and built a fort on a hillock on the confluence of three rivers. SU2; Swing Unlimited's Community Big band – Entry . Doors open 7. 3. 0pm, food available to 9pm, Bar to 1. Contacts: Cath 0. Pat 0. 77. 30 5. 17. Facebook: www. facebook. Website: www. subb. Thursday 3rd November; Tony Robinson's Jazz Aces Quartet with Greg Painter and Brian Mursell plus a different guest each week at The Willow Restaurant, previously known as The Old Barn, Gore Road, New Milton, BH2. SJ. 0. 14. 25 6. 18. Jazz is from 8. 3. PM to 1. 1 PM. Monday 7th November 2. Fun Facts and Daily Trivia will no longer update after today. The History of Chicago Carter Harrison Technical High School, Illinois High School Glory Days. The site for information on closed high schools in Illinois' history. Peter and Selina's Weblog Peter and Selina Burton's news, covering our personal interests, e.g. Contact us via E-mail by clicking. Come On, Come Back’ by Stevie Smith 1. Alan Pickering's Spirit of New Orleans at the Bournemouth Traditional Jazz Club, starting at 8. PM. The club meets at the Bluebirds Social Club in Longham, BH2. DP (opposite Haskins garden centre) and features a large dance floor, plenty of free car parking and affordable drinks. Starts at 7: 3. 0 PM; Thai and English Food. Wednesday 9th November 2. Mick Hanson Quartet – Entry . Doors open 7. 3. 0pm, food available to 9pm, Bar to 1. Contacts: Cath 0. Pat 0. 77. 30 5. 17. Facebook: www. facebook. Website: www. subb. Thursday 1. 0th November; Tony Robinson's Jazz Aces Quartet with Greg Painter and Brian Mursell plus a different guest each week at The Willow Restaurant, previously known as The Old Barn, Gore Road, New Milton, BH2. SJ. 0. 14. 25 6. 18. Jazz is from 8. 3. PM to 1. 1 PM. Thursday 1. November; . As a minimum ALL proceeds from the raffle will go to Julia's House. The Meeting House is at Meeting House Ln, Ringwood, Hampshire BH2. EY. Free car parking after 6 PM in the Furlong car park opposite. Jazz starts at 7: 3. PM. Friday 1. 1th November; The Gambit Jazzmen at the Salisbury Jazz Club, . Contact Joe Croll, 0. Joecroll@sky. com. The Club meets on the second Friday of every month at the Auction Centre (formerly Livestock Market), Netherhampton Road, Salisbury SP2 8. RH on the outskirts of Salisbury. Dancing is encouraged but you can just sit and listen if you prefer. There is a bar, raffle, large car park and hot food is available until 8. PM. Doors open at 7 PM and the jazz starts at 8 PM. Monday 1. 4th November 2. Sunset Caf. The club meets at the Bluebirds Social Club in Longham, BH2. DP (opposite Haskins garden centre) and features a large dance floor, plenty of free car parking and affordable drinks. Jazz starts at 8 PM. Wednesday 1. 6th November; Will Mc. Nicol & Luke Selby, guitar & percussion – Entry . Doors open 7. 3. 0pm, food available to 9pm, Bar to 1. Contacts: Cath 0. Pat 0. 77. 30 5. 17. Facebook: www. facebook. Website: www. subb. Thursday 1. 7th November; Tony Robinson's Jazz Aces Quartet with Greg Painter and Brian Mursell plus a different guest each week at The Willow Restaurant, previously known as The Old Barn, Gore Road, New Milton, BH2. SJ. 0. 14. 25 6. 18. Jazz is from 8. 3. PM to 1. 1 PM. Thursday 1. November 2. 01. 6; Verwood Jazz Club presents The Dart Valley Stompers, 7. PM at the St Leonards Hotel, 1. Ringwood Road, St Leonards, Dorset, BH2. NP. You can eat and drink in the restaurant at any time or ask for it to be served in the St Leonards Suite (where the band plays) from 6. PM when the doors open. Friday 1. 8th November 2. The Bell Street Jazz Band at the 'Half Moon' on the outskirts of Shaftesbury, SP7 8. BS. No admission fee, just book a table for dinner, phone: 0. Monday 2. 1st November 2. Alan Pickering's Spirit of New Orleans at the Bournemouth Traditional Jazz Club, starting at 8. PM. The club meets at the Bluebirds Social Club in Longham, BH2. DP (opposite Haskins garden centre) and features a large dance floor, plenty of free car parking and affordable drinks. Doors open 7. 3. 0pm, food available to 9pm, Bar to 1. Contacts: Cath 0. Pat 0. 77. 30 5. 17. Facebook: www. facebook. Website: www. subb. Thursday 2. 4th November; Tony Robinson's Jazz Aces Quartet with Greg Painter and Brian Mursell plus a different guest each week at The Willow Restaurant, previously known as The Old Barn, Gore Road, New Milton, BH2. SJ. 0. 14. 25 6. 18. Jazz is from 8. 3. PM to 1. 1 PM. Thursday 2. November; . As a minimum ALL proceeds from the raffle will go to Julia's House. The Meeting House is at Meeting House Ln, Ringwood, Hampshire BH2. EY. Free car parking after 6 PM in the Furlong car park opposite. Jazz starts at 7: 3. PM. Sunday 2. 7th November 2. John Maddocks' Jazz Men at the St Leonards Hotel, 1. Ringwood Road, St Leonards, Dorset, BH2. NP. Bookings for jazz, Tel: 0. Full menu and bar service available in the function room. Monday 2. 8th November 2. Alan Pickering's Spirit of New Orleans at the Bournemouth Traditional Jazz Club, starting at 8. PM. The club meets at the Bluebirds Social Club in Longham, BH2. DP (opposite Haskins garden centre) and features a large dance floor, plenty of free car parking and affordable drinks. The evening includes a 2 course meal for . Starting time 7: 3. PM. Wednesday 3. 0th November 2. Chris Rand's Gathering – Entry . Doors open 7. 3. 0pm, food available to 9pm, Bar to 1. Contacts: Cath 0. Pat 0. 77. 30 5. 17. Facebook: www. facebook. Website: www. subb. Joe Croll asked her to assist him with the raffle saying to her (with microphone in hand) . Something along the lines of . I gently explained that many people underestimate Selina's age by 2. Some favourite numbers were: 1) Bei Mir Bistu Shein, (Yiddish: . The score for the song transcribed the Yiddish title as 'Bay mir bistu sheyn'. It also appeared with a Germanized title 'Bei Mir Bist Du Sch. On seeing the response, Cahn got his employer to buy the rights so he (together with Saul Chaplin) could rewrite the song with English language lyrics and rhythms more typical of swing music. Secunda and Jacobs sold the publishing rights to the song for a mere US$3. Cahn then convinced the still unknown Andrews Sisters to perform the song (1. It became their first major hit, earning them a gold record, the first ever to a female vocal group. The song is performed by Renata Flores in the film The Last Metro. It was also a worldwide hit beyond America. Fortunately, in 1. Secunda and Jacobs, and they signed contract with Harms, Inc., securing proper royalties. The link is to Janis Siegel's rendition as seen in 'Swing Kids'. This is the full, uninterrupted version. Not just a clip from the movie. Jeremy's vocal I Can't Give You Anything but Love, the link being to a modern version by Diana Krall. Andy Razaf's biographer Harry Singer offers circumstantial evidence that suggests Fats Waller might have sold the melody to Mc. Hugh in 1. 92. 6 and that the lyrics were by Razaf. The Isle of Capri, the link being to the recording by Primo Scala's Accordion Band that I played so often as a child. Later hit versions were recorded by Wingy Manone in 1. The Gaylords and by Jackie Lee in 1. Frank Sinatra recorded it on October 1, 1. Come Fly with Me, issued in 1. This song was a huge world- wide hit, sung in countless arrangements and translations, including in French by Tino Rossi . It deals with reminiscence upon youth and romantic idealism. John's clarinet feature I've Found a New Baby, the link being to the wonderful Sidney Bechet version from 1. It was composed around 1. Spencer Williams in collaboration with Jack Palmer. Mike's vocal I Wonder Who's Kissing Her Now, the link being to Manuel Romain from 1. Bing Crosby versions. The music was written by Joseph E. Howard and Harold Orlob, the lyrics by Will M. The song was published in 1. The Prince Of Tonight. The words were written by Robert Burns in 1. Jonathan E. Spilman in 1. Perdido St Blues, this link being to the original version by the New Orleans Wanderers. It was composed by their pianist Lil Hardin as were most of their numbers, although her husband Louis Armstrong might have collaborated with her. Great band, playing some wonderful jazz. It was introduced in the Broadway musical Funny Face (1. Adele Astaire and Allen Kearns. Peter Rudeforth's feature Stardust, played on this link by Gary Guthman on flugel horn. The score for the song transcribed the Yiddish title as 'Bay mir bistu sheyn'. It also appeared with a Germanized title 'Bei Mir Bist Du Sch. On seeing the response, Cahn got his employer to buy the rights so he (together with Saul Chaplin) could rewrite the song with English language lyrics and rhythms more typical of swing music. Secunda and Jacobs sold the publishing rights to the song for a mere US$3. Cahn then convinced the still unknown Andrews Sisters to perform the song (1. It became their first major hit, earning them a gold record, the first ever to a female vocal group. The song is performed by Renata Flores in the film The Last Metro. It was also a worldwide hit beyond America. Fortunately, in 1. Secunda and Jacobs, and they signed contract with Harms, Inc., securing proper royalties. The link is to Janis Siegel's rendition as seen in 'Swing Kids'. This is the full, uninterrupted version. Not just a clip from the movie. We danced to 1. 0 numbers but only out of 2. Wendy Lawrence took a photograph of us the is now our Face. Book profile pic. Favourite numbers were: 1) Livery Stable Blues, played on this link by the Original Dixieland Jass Band. It was recorded by the Original Dixieland Jass Band on February 2. A side . 2) Sukiyaki, the link being to Kenny Ball and his Jazzmen from 1. Iain's vocal 'My Wild Reigate Rose', dedicated to an embarrassed Lesley Stradwick. He also co- wrote the lyrics to . Dennis Morgan played Olcott in the 1. This song has been recorded by countless artists, including John Mc. Cormack. He was born on November 9, 1. Fort- de- France, Martinique, France. He was an actor and composer, known for La vieille quimboiseuse et le majordome (1. M. He died on April 1. Fontenay- sous- Bois, Val- de- Marne, France. Hamish's wonderful vocal, ably assisted by Pete Middleton, Trombone Cholly sung on this link by Bessie Smith with trombonist Charlie Green. Charles University there. After arriving in New York, he co- wrote several songs with Anton Lada of the Louisiana Five. Among those songs was . Around the time of World War One he co- composed the song . Music Copyright Infringement Resource - Sponsored By USC Gould School of Law. Comment This is an important case because it sets forth the two- pronged test for infringement that courts still use: First, whether defendant copied from plaintiff’s copyrighted work and, if so; Second, whether this copying constitutes improper appropriation, as determined by the intended audience for plaintiff’s work finding substantial similarity between the protected elements of the plaintiff’s work and the defendant’s work. Judge Jerome Frank determined that expert testimony could inform deliberation on the first question (similarities indicating copying) but not the second (substantial similarity of protected expression) which was a matter exclusively for lay listeners to decide. Mc. Donald’s, 5. 62 F. Ninth Circuit refined the Arnstein test in a dispute involving fanciful characters, not music. ASCAP (1. 93. 9) raises the matter directly when he quotes a W. P. A. Arnstein probably first heard Porter's song as performed by Roy Rogers in Hollywood Canteen, a Warner Brothers movie released December 1. By March of the following year Warner Brothers had sold over two million copies of two different recordings of the song by Bing Crosby and by the Andrews Sisters. Over a million copies of the sheet music to the song also were sold by then. Bob Fletcher, a Missoula Power Company employee, (but more importantly for our purposes, a Montana cowboy) wrote the words to . Porter changed many of Fletcher's words in writing his song that was intended for a 2. Century- Fox film, . Exactly fifty years after this case was decided, the Ninth Circuit entertained an action against Michael Jackson that was based on similar wisps of musical resemblances. Jackson see this website.) Based in part on expert testimony offered on the initial question of copying, the Court granted Jackson’s motion for summary judgment, and the issue of substantial similarity was never considered. We regret that the court sealed the docket for this case, and we have not been able to obtain copies of Smith's numbers from the attorneys who tried this action. The video clips are from . Cary Grant plays Cole Porter - - the blurb on the video cover generously describes Grant's singing voice as . We cannot resist adding a brief clip of Cary Grant as Cole Porter the Yalie, performing his . Plaintiff with his complaint filed a jury demand which defendant moved to strike out. Defendant urges that the relief prayed in the complaint renders a jury trial inappropriate. Plaintiff did not ask for an injunction but solely for damages. Such a suit is an action at . The principal question on this appeal is whether the lower court, under Rule 5. The answer depends on whether . United States, 2 Cir., 1. F. 2d 1. 30, 1. 35; Sartor v. Arkansas Natural Gas Corp., 3. U. S. United States, 3. U. S. 1. 36. 3; Associated Press v. United States, 3. U. S. 1. 41. 6; see discussion below, note 1. In applying that standard here, it is important to avoid confusing two separate elements essential to a plaintiff's case in such a suit: (a) that defendant copied from plaintiff's copyrighted work and (b) that the copying (assuming it to be proved) went so far as to constitute improper appropriation. As to the first - - copying - - the evidence may consist (a) of defendant's admission that he copied or (b) of circumstantial evidence - - usually evidence of access - - from which the trier of the facts may reasonably infer copying. Of course, if there are no similarities, no amount of evidence of access will suffice to prove copying. If there is evidence of access and similarities exist, then the trier of the facts must determine whether the similarities are sufficient to prove copying. On this issue, analysis (. If evidence of access is absent, the similarities must be so striking as to preclude the possibility that plaintiff and defendant independently arrived at the same result. If copying is established, then only does there arise the second issue, that of illicit copying (unlawful appropriation). On that issue (as noted more in detail below) the test is the response of the ordinary lay hearer; accordingly, on that issue, . But such double- purpose evidence is not required; that is, if copying is otherwise shown, proof of improper appropriation need not consist of similarities which, standing alone, would support an inference of copying. Each of these two issues - - copying and improper appropriation - - is an issue of fact. If there is a trial, the conclusions on those issues of the trier of the facts - - of the judge if he sat without a jury, or of the jury if there was a jury trial - - bind this court on appeal, provided the evidence supports those findings, regardless of whether we would ourselves have reached the same conclusions. But a case could occur in which the similarities were so striking that we would reverse a finding of no access, despite weak evidence of access (or no evidence thereof other than the similarities); and similarly as to a finding of no illicit appropriation. We turn first to the issue of copying. After listening to the compositions as played in the phonograph recordings submitted by defendant, we find similarities; but we hold that unquestionably, standing alone, they do not compel the conclusion, or permit the inference, that defendant copied. The similarities, however, are sufficient so that, if there is enough evidence of access to permit the case to go to the jury, the jury may properly infer that the similarities did not result from coincidence. Summary judgment was, then, proper if indubitably defendant did not have access to plaintiff's compositions. Plainly that presents an issue of fact. On that issue, the district judge, who heard no oral testimony, had before him the depositions of plaintiff and defendant. The judge characterized plaintiff's story as . Although part of plaintiff's testimony on deposition (as to . If, after hearing both parties testify, the jury disbelieves defendant's denials, it can, from such facts, reasonably infer access. It follows that, as credibility is unavoidably involved, a genuine issue of material fact presents itself. With credibility a vital factor, plaintiff is entitled to a trial where the jury can observe the witnesses while testifying. Plaintiff must not be deprived of the invaluable privilege of cross- examining the defendant. But the right to use depositions for discovery, or for limited purposes at a trial,1. For the demeanor of witnesses is recognized as a highly useful, even if not an infallible, method of ascertaining the truth and accuracy of their narratives. And that necessity ceases whenever the witness is within the power of the court, and may be produced upon the trial. If, in a suit on a promissory note, the defendant, pleading payment, sets forth in an affidavit his cancelled check to the order of the plaintiff for the full amount due on the note and a written receipt in full signed by the plaintiff, while plaintiff in a reply affidavit merely states that he did not receive payment and suggests no other proof, then to require a trial would be absurd; for cross- examination of the defendant in such circumstances clearly would be futile. But where, as here, credibility, including that of the defendant, is crucial, summary judgment becomes improper and a trial indispensable. It will not do, in such a case, to say that, since the plaintiff, in the matter presented by his affidavits, has offered nothing which discredits the honesty of the defendant, the latter's deposition must be accepted as true. We think that Rule 5. Illustrative of the dangers, in this respect, of summary judgments, if not cautiously employed, is a recent case in the court below. There the judge refused to grant summary judgment for defendants, despite a mass of impressive affidavits, containing copies of corporate records, the accuracy of which plaintiffs did not deny in their affidavits, and which on their face made plaintiffs' case seem nothing but a sham; at the trial, however, cross- examination of the defendants revealed facts, theretofore unknown by plaintiffs, that so riddled the defendants' case as it had previously appeared on the summary judgment motion that the judge entered judgment against them for several million dollars, from which they did not appeal. We do not believe that, in a case in which the decision must turn on the reliability of witnesses, the Supreme Court, by authorizing summary judgments, intended to permit a . That procedure which, so the historians tell us, began to be outmoded at common law in the 1. Grave injustice might easily result. In the equity practice in the federal courts before 1. But Rules 4. 6 and 4. Equity Rules of 1. U. S. C. A. That such was not the purpose appears from Rule 4. Moore reports that this rule . Moore says that the words we have italicized . In the Advisory Committee's Preliminary Draft there was a provision that a deposition could be used for any purpose at the trial 'if the parties affected thereby consent thereto with the approval of the court.' This provision was dropped and the present provision was substituted therefor apparently because it was feared that the court would grant its approval whenever the parties consented to the use of depositions, and thereby to that extent nullify the salutary rule that testimony of witnesses shall be taken orally in open court. Consequently, mere business convenience prompting his absence would be insufficient; the use of his deposition would have to be justified as desirable . As no one has suggested that defendant is likely to be absent, we cannot, on the record in this appeal, assume that . Assuming that adequate proof is made of copying, that is not enough; for there can be . Whether (if he copied) defendant unlawfully appropriated presents, too, an issue of fact.
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