--- /dev/null
+#!/usr/bin/env pinpoint
+
+[font=Sans 100px]
+[R&RHallofFametrans.jpg]
+[text-color=black]
+[text-align=center]
+[shading-opacity=0]
+[fill]
+
+-- [text-color=white][text-align=left][bottom-left][R&RHallofFame.jpg]
+
+Rock and roll bands
+and free software projects:
+A comparative analysis
+
+
+<span size="x-small">Pamela Chestek, Chestek Legal</span>
+
+--
+
+Introduction
+
+--
+
+<i>Videos!</i>
+
+#I am showing videos!
+
+--
+
+ the purpose and character of the use
+
+
+
+--
+
+✓ the purpose and character of the use
+
+<b>It's educational!</b>
+--
+
+ the nature of the copyrighted work
+
+
+
+--
+
+X the nature of the copyrighted work
+
+<b>(Oops)</b>
+
+--
+
+ the amount and substantiality
+of the portion taken
+
+
+
+--
+
+? the amount and substantiality
+of the portion taken
+
+<b>Not so much</b>
+
+--
+
+ the effect of the use upon
+the potential market
+
+
+
+--
+
+How many are attending
+the session just so you
+can watch music videos?
+
+#You have to leave.
+
+
+--[transition=page-curl]
+
+How many of you came for
+the big hair and Vincent Price
+with an 80’s glam band?
+
+--[Ratt.mp4]
+
+#play 1:11
+
+--
+
+✓the effect of the use upon
+the potential market
+
+<b>None I hope.</b>
+
+--
+
+Why bands?
+
+#A lot of similarities
+
+#Can come together casually
+#but also can be formally operated businesses.
+
+#There are individual contributors but there is a
+#collective identity at the same time The name is
+#the crux of the question; it represents both the
+#collective and the product, the musical
+#performers and the records; in software it is
+#the members of the group and the software name
+
+--
+
+Who owns the "project"?
+
+--
+
+It might be the employer
+
+#Who could forget the spectacular hit by the
+#Righteous Brothers?
+
+-- [RighteousBros.mp4]
+
+#play 50 secs
+
+#I apologize for the quality of the next, but it's
+#worth it. I love Dick Clark's introduction of the
+#upcoming song, where he is remarkably tactful
+#about it, in an "it's ... interesting" kind of
+#way
+
+-- [VitoUnchainedMelody.mp4][duration=165]
+
+#play 2:45
+
+#"You walk about nine miles"
+
+#Vito and the Salutations was a band that left one
+#manager and started with another manager. The
+#original manager was able to hang on to some of
+#the original members and put together a new
+#arrangement of "Vito and the Salutations," so
+#there were competing groups called "Vito and the
+#Salutations."
+
+#22 people performed with the group and “Vito” as
+#the lead wasn’t always the original member named
+#Vito, it was 10 different people.
+
+#Rick, as manager and promoter of "Vito and the
+#Salutations," conceived of the group's
+#performance as an "act" in which each member
+#played a particular role. As individuals left
+#the group, others were found to replace them and
+#to assume their respective parts.
+
+
+-- [Vito5.jpg][fit][transition=swing]
+
+-- [Vito4.jpg][fit][transition=sheet]
+
+#But who could forget the most famous act that
+#didn't start out as a band...
+
+-- [Monkees.mp4]
+
+#play 52 secs
+
+#Monkees - no lawsuit, but they were a band put
+#together for a TV show. But they have toured in
+#the past few years
+
+--
+
+Or, it might not be, if the
+association is with the group
+
+-- [NewEdition.webm]
+
+#play 1:26
+
+#Recognize the place?
+
+#Four of the five plaintiffs performed locally as
+#“New Edition.” They performed in a talent show
+#organized by Maurice Starr. As far back as 1972
+#Starr had an idea for “80’s black bubblegum
+#music,” “essentially the Jackson Five updated by
+#the addition of modern elements like synthesizers
+#(electronic instrumentation) and rap (speaking
+#parts).” Starr thought the boys were short on
+#talent but used them to demo “Candy Girl.” Starr
+#ultimately entered into employment contracts with
+#the singers. The contract said that Starr could
+#use whatever artists he wanted. The band was
+#called “New Edition,” although Starr wanted a
+#different name. All the employment contracts
+#said that Starr owned the “New Editions”
+#name. Originally they lip-synced their
+#performance and Starr played backup, then they
+#started to tour without Starr. The band got more
+#successful, touring internationally. The five
+#band members were minors and so were allowed to
+#disaffirm the contract.
+
+#"They have appeared on television shows, at charity
+#events, and -- the crowning sign of success --
+#they have even been featured in a COKE commercial."
+
+#The court held that the band owned it resulting
+#from their use of it when working for Starr.
+
+--
+
+Bands, like free software, have
+the concept of the collective
+
+-- [Kingsmen.mp4]
+
+#play 56 secs
+
+#Kingsmen, unincorporated association, sued
+#former member Ely who performed on an album as
+#the Kingsmen. But he couldn’t use it without the
+#rest of the group
+
+#"Moreover, having listened to the recordings by
+#The Kingsmen submitted as exhibits to the Court,
+#including the #original recording of Louie,
+#Kingsmen's music. Although the listener can
+#discern the lead singer from the background
+#vocals and music on a number of Kingsmen songs,
+#the group's "sound" is clearly a collective
+#one. No one member of the group can be singled
+#out as representing the essence of The
+#Kingsmen's performing style."
+
+--[transition=slide-up]
+
+The well-meaning custodian
+
+#The Intruders
+
+--[Intruders.mp4]
+
+#play 1:04
+
+#Between 1966 and 1976 the Original Group released
+#approximately twenty-five recordings that made
+#the Billboard Charts. The Original Group
+#disbanded in 1976, and no group performed under
+#the name "The Intruders" from that time until the
+#early 1980's. In 1983 the former members assigned
+#all rights in the name "The Intruders" to one
+#member Eugene Daughtry and said they wouldn't
+#subsequently seek to participate in any group
+#called "The Intruders" as a result of their
+#membership in the Original Group. Daughtry
+#performed with defendant Montgomery.
+
+#In July 7, 1994, when he was ill, Daughtry
+#transferred an undivided right, title and
+#interest in the name "The Intruders" to his
+#brother Fred and Original Group member Phillip
+#Terry as joint tenants, with a right of
+#survivorship. Daughtry passed away and his
+#brother Fred told #Montgomery to stop performing
+#and started his own "Intruders" band with
+##plaintiff Mears.
+
+#Fred Daugthry died and purely as a matter of
+#estate law Phillip Terry was the owner of the
+#trademark but he hadn't been performing with or
+#managing either group. He had been named because
+#Eugene Daughtry, the original brother, trusted
+#him. Phillip #Terry said that Eugene had given
+#him and Fred so that the two of them could
+#"preserve" the name "the Intruders", and oversee
+#the makeup of any band #bearing the Intruders
+#name after Eugene's death. Phillip Terry appears
+#to have switched sides
+
+--
+
+Bands fork! And they fight ...
+
+--[Drifters.mp4][transition=slide-left]
+
+#play 2:46
+
+#The band was formed in 1953 and the first
+#lawsuit filed in 1958, 60 years ago and it might
+#be over? (2017 appeals court decision on
+#registration of trademark). Who are the
+#real Drifters?
+
+--
+
+The Drifters
+Treadwell’s Drifters
+The Original Drifters
+Treadwell’s Original Drifters
+Bill Pinkey’s Original Drifters
+
+#This is not limited to the Drifters.
+
+--[WaPoclip.png][fit]
+
+#The reference to the inaguration is to President
+#Clinton's inaguration
+
+#Larry Marshak bought shares of companies that
+#the bands had set up and then later claimed that
+#he owned the trademarks and therefore the
+#bands. Beware the troll.
+
+--
+
+But sometimes you can
+get away with it ...
+
+-- [BlackFlagcomposite.jpg]
+
+
+#A group of former band members reformed 20 years
+#later as a “tribute” band; another of the former
+#members not included formed his own band. The
+#court found the use of "Flag" and the logo
+#dissimilar enough to the original band that they
+#could continue to perform as "Flag"
+
+
+--
+And you can’t sit on your rights
+
+##Fulanito - 2 photos
+
+--[FulanitoComposite.jpg][fit]
+
+--
+
+How to refer to the former project
+
+
+--[Steppenwolf.mp4]
+
+#play 1:35
+#it just seemed to be time for a musical interlude
+
+--
+
+"Former Original Member of Steppenwolf,"
+"Original Founding Member of Steppenwolf"
+"Formerly of Steppenwolf"
+
+<span foreground='red' size='xx-large'>OK!</span>
+
+##Steppenwolf ok, Commodores not ok
+
+--[Commodoresname.png][fit]
+
+--[Commodores.mp4]
+
+#play 36 secs
+
+#McClary was lead guitar
+
+--
+
+Who owns the copyright?
+
+
+#John Fogerty wrote "Run Through the Jungle" in
+#1970 but didn't own the rights. In 1984 he wrote
+#"the Old Man Down the Road" and was sued by his
+#former record company.
+
+
+--[CCR.mp4]
+
+#play all of it
+
+#There was a jury verdict that the "Old Man Down
+#the Road" did not infringe the copyright in "Run
+#Through the Jungle." It went to the Supreme
+##Court on attorneys' fees, which Fogerty won
+
+--
+
+Credits:
+
+Rock and Roll Hall of Fame,
+Rob Zand, CC-BY-SA,
+https://flic.kr/p/7qdcTb
+
+<i>And thanks fair use!</i>
+
+--[font=Sans 100px][text-color=white][R&RHallofFame.jpg]
+
+
+Thanks!
projects / lp17-speaker-slides.git / commitdiff
