Quotulatiousness

July 24, 2018

Ayn Rand and the Hollywood blacklist

Filed under: History, Media, Politics, USA — Tags: , , , , , — Nicholas @ 05:00

In the August/September issue of Reason, Jesse Walker discusses the role Ayn Rand played in the House Committee on Un-American Activities’ anti-Communist hearings on Tinseltown’s great and good:

Ayn Rand was a blacklist truther. The novelist and screenwriter had been a friendly witness during the House Committee on Un-American Activities’ 1947 hearings on Hollywood subversion — the probe that prompted the studios to announce that they would not hire Communists. But when she was asked about her testimony two decades later, she claimed that the blacklist was a myth.

“I do not know of any red blacklisted in Hollywood,” Rand told a Boston audience in 1967. “I do know, if the newspaper stories can be trusted, that many of those ‘blacklisted’ people … were working in Hollywood thereafter under assumed names.” The real victims, she insisted, were the hearings’ friendly witnesses. “You talk about the blacklisting of reds. I don’t know of one leftist who has suffered for his views, and conversely, I don’t know of one pro-capitalist who in one form or another did not have to suffer for his views.”

This was misleading, to put it mildly. The blacklist really did exist. It was an organized effort to remove people from the movie industry for their political opinions, and the federal government played a major role in launching it. Anyone who cares about free expression should object to that sort of censorship by proxy, both as it manifested itself in the early days of the Cold War and as it threatens to re-emerge in social media today.

Yes, some of the more talented blacklisted writers continued to find work under assumed names or behind fronts. Dalton Trumbo knew how to write a movie that audiences would pay to see, and so Trumbo’s screenplays remained in demand. But others didn’t do studio work for a long time or left the industry altogether. (Blacklistee Alvah Bessie wound up taking a job as stage manager in a San Francisco nightclub and writing novels on the side.) And even folks like Trumbo found themselves getting paid a lot less. The blacklist eventually dissolved, but that took years. It is simply untrue that no Communists, real or alleged, lost work because of it.

On the other hand, it is true that some of the friendly witnesses of ’47 fared pretty badly. Rand mentioned a few examples at that Boston speech, among them Morrie Ryskind, who worked for those other Marxes when he scripted three Marx Brothers movies. “In Hollywood, he was getting $3,000 a week, which at the time was top money for writers,” she said. But “he has not worked as a writer one day since appearing as a friendly witness.” In Show Trial (Columbia University Press), his engrossing new book about those hearings, the Brandeis historian Thomas Doherty lists several examples of his own, from Jack Moffitt, who stopped getting hired to write motion pictures and fell back on reviewing movies for The Hollywood Reporter, to Fred Niblo Jr., who wound up leaving Hollywood to write religious films for television and documentaries for the State Department. In risk-averse Hollywood, anyone who stuck his head out might lose work for his trouble, especially if he came from the low end of the industry’s totem pole.

But this should not be equated, Doherty writes, “with the state-coerced, institutionally enforced blacklist of Communists, fellow travelers, and stubborn liberals.” That was a more fearsome and intrusive beast.

July 22, 2018

“Now We Are Free” – Bagpipe cover (Gladiator theme) | The Snake Charmer

Filed under: Media — Tags: , — Nicholas @ 02:00

TheSnakeCharmer
Published on 20 Nov 2016

My take on this beautiful Gladiator theme song “Now we are free” with Bagpipes!
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Please support me on Patreon to help me make more videos like this and for me to be able to continue doing music/videos on youtube. It would mean so much. Please visit the page to see how. https://www.patreon.com/thesnakecharmer

From the comments: “Vignesh babu – Play at 0.75x and enjoy it and thank me later”.

July 15, 2018

“Reading the fourth Dune book is like doing your 5,472nd Sudoku”

Filed under: Books, Media — Tags: , — Nicholas @ 03:00

Unlike most of my generation of science fiction fans, I wasn’t a fan of the original Dune by Frank Herbert. I read it, it was okay, but it didn’t grab my imagination as it seemed to do for so many others. I think I started reading the second book in the series, but never finished it. I just checked, and I no longer have any Frank Herbert books in my library, which does indicate to me that I lost patience long before the end of the series. That said, I do see the attraction for attempting to translate the story to the big screen. Colby Cosh (who was a fan of the book) reports on the latest adaptation headed toward a multiplex near you, probably:

The cinema-rumour websites are hissing with whispers about the upcoming adaptation of Frank Herbert’s Dune from Canadian director Denis Villeneuve. Folks who still swear by science-fiction movies live in a state of constant unease about tent-pole projects like this. After an adaptation of cherished object X by messianic genius Y is announced, there are still a hundred things that can go awry with the script or the finances or the cast, and one of those hundred things, or some interaction amongst them, usually does. But the buzz is that everything is, so far, in order for Villeneuve to begin shooting early next year.

Dune (published in 1965) is somewhat esoteric and bizarre, and as source material for video it has had a difficult history, one that is itself now the subject of legend. One of the most celebrated documentaries of 2013 was Jodorowsky’s Dune, the chronicle of a failed Seventies attempt to shoot the book with an art-cinema giant at the helm.

The book itself is almost defiantly unfilmable. Dune flings technicalities and background references at the reader to an almost sadistic degree without ever lifting one finger to engage in conscious literary exposition. This was, indeed, part of the reason it revolutionized science fiction. The book is driven by gimmicks, like any good SF story, but the reader is expected to not only solve narrative puzzles (what the heck is a “Mentat”?) but to bring some knowledge of history and science to the game.

This is why nerds adore Dune, and it is why the pleasure of the sequels is subject, notoriously so, to fast-diminishing returns. Reading the fourth Dune book is like doing your 5,472nd Sudoku.

Despite having been written as if Herbert specifically intended to make adaptation impossible, Dune has reached the screen twice: as a 1984 feature directed by David Lynch (who is what Alejandro Jodorowsky would be if Alejandro Jodorowsky were a grown-up Eagle Scout from Montana) and as a 2000 TV miniseries for the Sci-Fi Channel. All of this is to say that Dune carries a lot of baggage, and the stakes for Villeneuve, whose Blade Runner sequel is thought to have lost a lot of money, seem positively alarming. A directorial career is a tightrope: everyone is one blunder away from plummeting into an abyss, even though particular blunders may be survivable.

Not being a movie fan or TV watcher, I haven’t seen either of the previous adaptations — although the stills from Lynch’s 1984 movie are quite striking — and it’s unlikely I’ll bother with the next one.

July 7, 2018

History Buffs: Gettysburg

Filed under: History, Military, USA — Tags: , , , , — Nicholas @ 04:00

History Buffs
Published on 19 Feb 2018

July 2, 2018

Mark Steyn on 49th Parallel

Filed under: Cancon, Germany, History, Military, WW2 — Tags: , , , , — Nicholas @ 05:00

His annual Canada Day post this year featured a World War 2 British film about Canada intended for Americans:

The film stars, in order of billing, Leslie Howard, Laurence Olivier, Raymond Massey, Anton Walbrook, Eric Portman “and the music of Ralph Vaughan Williams”, which gets an above-the-title credit – as well it should. Vaughan Williams’ score is an integral part of the picture and, if not especially Canadian (save for a very short evocation of Calixa Lavallée’s “O Canada” right at the beginning), accompanies the country’s physical landscape beautifully, particularly in the opening travelogue, mostly shot by Freddie Young leaning out of a plane with a hand-held camera and edited back in England by David Lean. (Lean and Young, of course, subsequently worked together on Lawrence of Arabia, Doctor Zhivago and Ryan’s Daughter.) And, if you’re thinking that (with one exception) none of these participants seems terribly Canuck, well, if it’s any consolation, the English also get to play all the Nazis, too. The Canadians are largely relegated to small roles and extras – like the real seamen who play the survivors of the Canadian ship torpedoed in the Gulf of St Lawrence at the opening of the picture. “So,” pronounces the German U-boat commander, “the curtain rises on Canada.”

U-37 decides to flee to Hudson’s Bay to evade the RCAF and RCN patrols looking for it. Six Germans are put ashore to scout for supplies. But, even as they set foot on land, they hear the swoop of planes and look back to see Canadian bombers destroying their submarine. In order to lend verisimilitude to the scene, Michael Powell destroyed a real – or real-ish – sub, built for him in Halifax, Nova Scotia. The RCAF gave him two thousand-pound bombs to make it look good, and he put them on “U-37” and was cunning enough to neglect to tell the actors, lest it made them nervous. The sub was then towed to the Strait of Belle Isle between Labrador and Newfoundland to be blown sky high. That was Powell’s only mistake. Notwithstanding that he named the film after Canada’s southern border, the director’s grip on the country’s eastern border was a little hazier. He had forgotten that Newfoundland was not (yet) in Canada but was a British possession in its own right. So HM Customs impounded “U-37” and Powell had to go directly to the Governor to get it back.

Other than that, he and Pressburger didn’t put a foot wrong. The location footage was impressive in its day, and still striking in ours; Pressburger’s script is subtle and humane; and the episodic structure allows for plenty of variety. Following the loss of U-37, the six Germans are now beached in northern Canada and have to figure out a way to get to safe, neutral America. They make their way to a Hudson’s Bay trading post, where the factor (played by the great Scots actor Finlay Currie) is welcoming back an old friend who’s spent the last eleven months hunting in the wilds and so has no idea Canada is at war. Johnny is a French-Canadian trapper played by – who else? – Laurence Olivier. We first meet him in the bath tub singing “Alouette”, and, as often with Olivier, the attention to detail on the accent is so good that it becomes oddly intrusive: “Diss is one big country, but verra few pipple. Ever-wan know ever-body. You can’t make goosestep trew it widdout da police fine out,” he tells the senior German officer (Eric Portman).

The window shot Michael Powell uses to get the Nazis into the factor’s small cabin is cool and clinical and all the more chilling for it. The six Germans enter and announce that they’re now in control. When you’ve just come in off the tundra after eleven months and you want to have a soak in the tub and unwind, the Master Race showing up is a bit of a downer. “Okay, you are German. Why yell about it? I am Canadian,” says the Frenchie. “He is Canadian” – he points to the Scots factor – “and he is Canadian” – and to the smiling eskimo lad: French, English and Inuit all with the same unhyphenated label “Canadian”. That’s a lot simpler than the fractious diversity at Parliament Hill earlier today.

The Nazi lieutenant attempts to beguile his captives with a copy of Mein Kampf, but Trapper Johnny isn’t interested. “What’s the matter with Negroes?” he asks.

“They’re semi-apes,” explains the German. “One step above the Jews.” This is something of a remote concern at a Hudson’s Bay trading post. The Nazis seems as enraged by their prisoners’ geniality as by anything else. As they depart, one tears a portrait of the King and Queen off the wall and carves a swastika into the space.

Pressburger’s plot follows as you’d expect: There are six Germans, and soon there will be five, and then four, three, two… From Hudson’s Bay, they commandeer a seaplane that crashes near a Hutterite community in Manitoba, where a young pre-Mary Poppins Glynis Johns is sweetly trusting of them. They make their way to Indian Day in Banff National Park, for a rather Hitchcockian scene, and thence to a camp in the Rockies, where an arty pacifist (Leslie Howard) is discoursing on Thomas Mann. The tone is set by Olivier’s Frenchie coming in from the bush: He may not be interested in war, and nor is Glynis Johns or Leslie Howard. But war is interested in them. This was the purpose of the film, as the British Ministry of Information saw it: That’s why they wanted it set in Canada, rather than in, say, England, across the Channel from Occupied Europe. These trappers, Hutterites, and pacifists didn’t come looking for trouble. But, even five thousand miles from the fighting, trouble came looking for them – in big, empty, peaceable Canada. And the implicit message to America was: In the end, it will come for you, too. There is no 49th Parallel. Whichever side of it you’re on, it’s the same side.

July 1, 2018

A point about historical advisors in films

Filed under: Business, History, Media, Quotations — Tags: — Nicholas @ 02:00

Lindybeige
Published on 24 Mar 2011

In which I relate an anecdote which is fairly depressingly illuminating when it comes to how much Hollywood really cares about historical authenticitude.

www.LloydianAspects.co.uk

June 25, 2018

QotD: Gandhi and the British army

Filed under: Africa, History, India, Media, Military, Quotations — Tags: , , , , — Nicholas @ 01:00

The film, moreover, does not give the slightest hint as to Gandhi’s attitude toward blacks, and the viewers of Gandhi would naturally suppose that, since the future Great Soul opposed South African discrimination against Indians, he would also oppose South African discrimination against black people. But this is not so. While Gandhi, in South Africa, fought furiously to have Indians recognized as loyal subjects of the British empire, and to have them enjoy the full rights of Englishmen, he had no concern for blacks whatever. In fact, during one of the “Kaffir Wars” he volunteered to organize a brigade of Indians to put down a Zulu rising, and was decorated himself for valor under fire.

For, yes, Gandhi (Sergeant-Major Gandhi) was awarded Victoria’s coveted War Medal. Throughout most of his life Gandhi had the most inordinate admiration for British soldiers, their sense of duty, their discipline and stoicism in defeat (a trait he emulated himself). He marveled that they retreated with heads high, like victors. There was even a time in his life when Gandhi, hardly to be distinguished from Kipling’s Gunga Din, wanted nothing so much as to be a Soldier of the Queen. Since this is not in keeping with the “spirit” of Gandhi, as decided by Pandit Nehru and Indira Gandhi, it is naturally omitted from the movie.

Richard Grenier, “The Gandhi Nobody Knows”, Commentary, 1983-03-01.

June 11, 2018

QotD: Gandhi as filmic hagiography

Filed under: History, India, Media, Quotations — Tags: , , , , — Nicholas @ 01:00

Gandhi, therefore, the film, this paid political advertisement for the government of India, is organized around three axes: (1) Anti-racism — all men are equal regardless of race, color, creed, etc.; (2) anti-colonialism, which in present terms translates as support for the Third World, including, most eminently, India; (3) nonviolence, presented as an absolutist pacifism. There are other, secondary precepts and subheadings. Gandhi is portrayed as the quintessence of tolerance (“I am a Hindu and a Muslim and a Christian and a Jew”), of basic friendliness to Britain (“The British have been with us for a long time and when they leave we want them to leave as friends”), of devotion to his wife and family. His vow of chastity is represented as something selfless and holy, rather like the celibacy of the Catholic clergy. But, above all, Gandhi’s life and teachings are presented as having great import for us today. We must learn from Gandhi.

I propose to demonstrate that the film grotesquely distorts both Gandhi’s life and character to the point that it is nothing more than a pious fraud, and a fraud of the most egregious kind. Hackneyed Indian falsehoods such as that “the British keep trying to break India up” (as if Britain didn’t give India a unity it had never enjoyed in history), or that the British created Indian poverty (a poverty which had not only existed since time immemorial but had been considered holy), almost pass unnoticed in the tide of adulation for our fictional saint. Gandhi, admittedly, being a devout Hindu, was far more self-contradictory than most public men. Sanskrit scholars tell me that flat self-contradiction is even considered an element of “Sanskrit rhetoric.” Perhaps it is thought to show profundity.

Richard Grenier, “The Gandhi Nobody Knows”, Commentary, 1983-03-01.

May 29, 2018

QotD: Gandhi on the Holocaust

Filed under: Europe, Germany, History, India, Quotations — Tags: , , , — Nicholas @ 01:00

I am aware that for many not privileged to have visited the former British Raj, the names Gujarat, Rajasthan, and Deccan are simply words. But other names, such as Germany, Poland, Czechoslovakia, somehow have a harder profile. The term “Jew,” also, has a reasonably hard profile, and I feel all Jews sitting emotionally at the movie Gandhi should be apprised of the advice that the Mahatma offered their coreligionists when faced with the Nazi peril: they should commit collective suicide. If only the Jews of Germany had the good sense to offer their throats willingly to the Nazi butchers’ knives and throw themselves into the sea from cliffs they would arouse world public opinion, Gandhi was convinced, and their moral triumph would be remembered for “ages to come.” If they would only pray for Hitler (as their throats were cut, presumably), they would leave a “rich heritage to mankind.” Although Gandhi had known Jews from his earliest days in South Africa — where his three staunchest white supporters were Jews, every one — he disapproved of how rarely they loved their enemies. And he never repented of his recommendation of collective suicide. Even after the war, when the full extent of the Holocaust was revealed, Gandhi told Louis Fischer, one of his biographers, that the Jews died anyway, didn’t they? They might as well have died significantly.

Richard Grenier, “The Gandhi Nobody Knows”, Commentary, 1983-03-01.

May 15, 2018

QotD: The making of Gandhi

Filed under: History, India, Media, Politics, Quotations — Tags: , , , — Nicholas @ 01:00

As it happens, the government of India openly admits to having provided one-third of the financing of Gandhi out of state funds, straight out of the national treasury — and after close study of the finished product I would not be a bit surprised to hear that it was 100 percent. If Pandit Nehru is portrayed flatteringly in the film, one must remember that Nehru himself took part in the initial story conferences (he originally wanted Gandhi to be played by Alec Guinness) and that his daughter Indira Gandhi is, after all, Prime Minister of India (though no relation to Mohandas Gandhi). The screenplay was checked and rechecked by Indian officials at every stage, often by the Prime Minister herself, with close consultations on plot and even casting. If the movie contains a particularly poisonous portrait of Mohammed Ali Jinnah, the founder of Pakistan, the Indian reply, I suppose, would be that if the Pakistanis want an attractive portrayal of Jinnah let them pay for their own movie. A friend of mine, highly sophisticated in political matters but innocent about film-making, declared that Gandhi should be preceded by the legend: The following film is a paid political advertisement by the government of India.

Gandhi, then, is a large, pious, historical morality tale centered on a saintly, sanitized Mahatma Gandhi cleansed of anything too embarrassingly Hindu (the word “caste” is not mentioned from one end of the film to the other) and, indeed, of most of the rest of Gandhi’s life, much of which would drastically diminish his saintliness in Western eyes. There is little to indicate that the India of today has followed Gandhi’s precepts in almost nothing. There is little, in fact, to indicate that India is even India. The spectator realizes the scene is the Indian subcontinent because there are thousands of extras dressed in dhotis and saris. The characters go about talking in these quaint Peter Sellers accents. We have occasional shots of India’s holy poverty, holy hovels, some landscapes, many of them photographed quite beautifully, for those who like travelogues. We have a character called Lord Mountbatten (India’s last Viceroy); a composite American journalist (assembled from Vincent Sheehan, William L. Shirer, Louis Fischer, and straight fiction); a character called simply “Viceroy” (presumably another composite); an assemblage of Gandhi’s Indian followers under the name of one of them (Patel); and of course Nehru.

I sorely missed the fabulous Annie Besant, that English clergyman’s wife, turned atheist, turned Theo-sophist, turned Indian nationalist, who actually became president of the Indian National Congress and had a terrific falling out with Gandhi, becoming his fierce opponent. And if the producers felt they had to work in a cameo role for an American star to add to the film’s appeal in the United States, it is positively embarrassing that they should have brought in the photographer Margaret Bourke-White, a person of no importance whatever in Gandhi’s life and a role Candice Bergen plays with a repellant unctuousness. If the film-makers had been interested in drama and not hagiography, it is hard to see how they could have resisted the awesome confrontation between Gandhi and, yes, Margaret Sanger. For the two did meet. Now there was a meeting of East and West, and may the better person win! (She did. Margaret Sanger argued her views on birth control with such vigor that Gandhi had a nervous breakdown.)

I cannot honestly say I had any reasonable expectation that the film would show scenes of Gandhi’s pretty teenage girl followers fighting “hysterically” (the word was used) for the honor of sleeping naked with the Mahatma and cuddling the nude septuagenarian in their arms. (Gandhi was “testing” his vow of chastity in order to gain moral strength for his mighty struggle with Jinnah.) When told there was a man named Freud who said that, despite his declared intention, Gandhi might actually be enjoying the caresses of the naked girls, Gandhi continued, unperturbed. Nor, frankly, did I expect to see Gandhi giving daily enemas to all the young girls in his ashrams (his daily greeting was, “Have you had a good bowel movement this morning, sisters?”), nor see the girls giving him his daily enema. Although Gandhi seems to have written less about home rule for India than he did about enemas, and excrement, and latrine cleaning (“The bathroom is a temple. It should be so clean and inviting that anyone would enjoy eating there”), I confess such scenes might pose problems for a Western director.

Richard Grenier, “The Gandhi Nobody Knows”, Commentary, 1983-03-01.

May 5, 2018

What’s Wrong With Wakanda?

Filed under: Africa, Economics, Media — Tags: , , — Nicholas @ 04:00

Foundation for Economic Education
Published on 3 May 2018

Wakanda could never exist in the real world.

Wakanda is frustrating because it perpetuates the myth that an abundance of a really valuable natural resource is all you need to create a prosperous and extremely advanced society. This is simply not true. Matt Ridley, author of The Rational Optimist, wrote about how isolationism actually leads to a regress in technology.

April 30, 2018

QotD: Gandhi versus Gandhi

Filed under: History, India, Media, Quotations, Religion — Tags: , , , , — Nicholas @ 01:00

I had the singular honor of attending an early private screening of Gandhi with an audience of invited guests from the National Council of Churches. At the end of the three-hour movie there was hardly, as they say, a dry eye in the house. When the lights came up I fell into conversation with a young woman who observed, reverently, that Gandhi’s last words were “Oh, God,” causing me to remark regretfully that the real Gandhi had not spoken in English, but had cried, Hai Rama! (“Oh, Rama”). Well, Rama was just Indian for God, she replied, at which I felt compelled to explain that, alas, Rama, collectively with his three half-brothers, represented the seventh reincarnation of Vishnu. The young woman, who seemed to have been under the impression that Hinduism was Christianity under another name, sensed somehow that she had fallen on an uncongenial spirit, and the conversation ended.

At a dinner party shortly afterward, a friend of mine, who had visited India many times and even gone to the trouble of learning Hindi, objected strenuously that the picture of Gandhi that emerges in the movie is grossly inaccurate, omitting, as one of many examples, that when Gandhi’s wife lay dying of pneumonia and British doctors insisted that a shot of penicillin would save her, Gandhi refused to have this alien medicine injected in her body and simply let her die. (It must be noted that when Gandhi contracted malaria shortly afterward he accepted for himself the alien medicine quinine, and that when he had appendicitis he allowed British doctors to perform on him the alien outrage of an appendectomy.) All of this produced a wistful mooing from an editor of a major newspaper and a recalcitrant, “But still …” I would prefer to explicate things more substantial than a wistful mooing, but there is little doubt it meant the editor in question felt that even if the real Mohandas K. Gandhi had been different from the Gandhi of the movie it would have been nice if he had been like the movie-Gandhi, and that presenting him in this admittedly false manner was beautiful, stirring, and perhaps socially beneficial.

Richard Grenier, “The Gandhi Nobody Knows”, Commentary, 1983-03-01.

April 11, 2018

Mumbai’s high court demonstrates lack of economic knowledge in theatre ruling

Filed under: Business, Economics, India, Law, Media — Tags: , , , — Nicholas @ 03:00

Movie theatres and multiplexes generally charge more for the concessions than sometimes adjacent businesses in the same area, and also usually forbid patrons from bringing in their own food to consume on the premises. A recent case before the Bombay High Court argued that this was unfair to moviegoers and the court agreed:

Bombay High Court in Mumbai
© A.Savin, Wikimedia Commons

This is an interesting little test of the judicial system – you know, those told that the Beatles were a popular beat combo – on the subject of property rights. The Bombay High Court has just failed this test too. The question is, multiplex cinemas, why is the food so expensive in them? The correct answer is because the owners of multiplex cinemas make a profit in that manner. According to the court this doesn’t wash. In fact, they seem not to have even considered the argument in that manner:

    The Bombay High Court has ruled that food items and bottled water be sold at regular prices inside multiplexes. The directive was issued by a division bench of Justices S.M. Kemkar and M.S. Karnik last week in response to a Public Interest Litigation (PIL) filed by Mumbai resident Jainendra Baxi. He had challenged the prohibition on carrying outside food in movie theatres and multiplexes across Maharashtra.

The economics here is simple enough. The people who order food inside the cinema, at those higher prices, subsidise the others who only buy the ticket to see the movie. Sure, that’s not the first round outcome, but it is the competitive equilibrium. Cinema owners being able to profit from food makes the basic ticket cheaper.

The rights based part is also simple enough. I’m running a business, I can and should be able to decide how people access that business. If I’m running a restaurant I’m entirely at liberty to insist that you only get to consume things at my table that you’ve bought from me. Even if I show a film at the same time.

Another way to put this is that the judges have just failed Chesterton’s Fence. They’ve not grasped why the limitation is in place to start with, therefore they see nothing wrong in ridding everyone of the limitation. And the net effect of this is going to be higher multiplex cinema ticket prices for everyone in Maharashtra.

April 10, 2018

New Year’s Day in 2019 will be a big day for works finally entering public domain

Filed under: Books, Business, Law, Media, USA — Tags: , , , — Nicholas @ 05:00

The US government messed around with the copyright laws so that from 1998 until the end of this year, very little material was allowed to slip out of copyright protection and into the public domain. (Many people point their fingers at the Disney corporate lawyers and their pliable friends in Washington DC for this oddity.) In The Atlantic, Glenn Fleishman explains some of the legal issues that will finally begin to allow works to enter public domain status in the US normally next year:

The Great American Novel enters the public domain on January 1, 2019 — quite literally. Not the concept, but the book by William Carlos Williams. It will be joined by hundreds of thousands of other books, musical scores, and films first published in the United States during 1923. It’s the first time since 1998 for a mass shift to the public domain of material protected under copyright. It’s also the beginning of a new annual tradition: For several decades from 2019 onward, each New Year’s Day will unleash a full year’s worth of works published 95 years earlier.

This coming January, Charlie Chaplin’s film The Pilgrim and Cecil B. DeMille’s The 10 Commandments will slip the shackles of ownership, allowing any individual or company to release them freely, mash them up with other work, or sell them with no restriction. This will be true also for some compositions by Bela Bartok, Aldous Huxley’s Antic Hay, Winston Churchill’s The World Crisis, Carl Sandburg’s Rootabaga Pigeons, e.e. cummings’s Tulips and Chimneys, Noël Coward’s London Calling! musical, Edith Wharton’s A Son at the Front, many stories by P.G. Wodehouse, and hosts upon hosts of forgotten works, according to research by the Duke University School of Law’s Center for the Study of the Public Domain.

Throughout the 20th century, changes in copyright law led to longer periods of protection for works that had been created decades earlier, which altered a pattern of relatively brief copyright protection that dates back to the founding of the nation. This came from two separate impetuses. First, the United States had long stood alone in defining copyright as a fixed period of time instead of using an author’s life plus a certain number of years following it, which most of the world had agreed to in 1886. Second, the ever-increasing value of intellectual property could be exploited with a longer term.

Here’s a graphical representation of how the copyright laws interact with Amazon’s ability/interest in stocking or otherwise making available older still-in-copyright works (graphic from 2015):

So, what’s the Disney connection?

The details of copyright law get complicated fast, but they date back to the original grant in the Constitution that gives Congress the right to bestow exclusive rights to a creator for “limited times.” In the first copyright act in 1790, that was 14 years, with the option to apply for an automatically granted 14-year renewal. By 1909, both terms had grown to 28 years. In 1976, the law was radically changed to harmonize with the Berne Convention, an international agreement originally signed in 1886. This switched expiration to an author’s life plus 50 years. In 1998, an act named for Sonny Bono, recently deceased and a defender of Hollywood’s expansive rights, bumped that to 70 years.

The Sonny Bono Act was widely seen as a way to keep Disney’s Steamboat Willie from slipping into the public domain, which would allow that first appearance of Mickey Mouse in 1928 from being freely copied and distributed. By tweaking the law, Mickey got another 20-year reprieve. When that expires, Steamboat Willie can be given away, sold, remixed, turned pornographic, or anything else. (Mickey himself doesn’t lose protection as such, but his graphical appearance, his dialog, and any specific behavior in Steamboat Willie — his character traits — become likewise freely available. This was decided in a case involving Sherlock Holmes in 2014.)

The reason that New Year’s Day 2019 has special significance arises from the 1976 changes in copyright law’s retroactive extensions. First, the 1976 law extended the 56-year period (28 plus an equal renewal) to 75 years. That meant work through 1922 was protected until 1998. Then, in 1998, the Sonny Bono Act also fixed a period of 95 years for anything placed under copyright from 1923 to 1977, after which the measure isn’t fixed, but based on when an author perishes. Hence the long gap from 1998 until now, and why the drought’s about to end.

March 27, 2018

History Buffs: Tora! Tora! Tora!

Filed under: History, Japan, Media, Military, Pacific, USA, WW2 — Tags: , , , — Nicholas @ 02:00

History Buffs
Published on 21 Jun 2017

Tora! Tora! Tora! is a 1970 Japanese-American historical war film that dramatizes the Japanese attack on Pearl Harbor in 1941. The film was directed by Richard Fleischer, Toshio Masuda and Kinji Fukasaku and stars an ensemble cast, including Martin Balsam, Joseph Cotten, Sō Yamamura, E. G. Marshall, James Whitmore and Jason Robards. The title is the Japanese codeword used to indicate that complete surprise had been achieved. “Tora” means “tiger” in Japanese.

Cynical Historian: Pearl Harbor review – https://www.youtube.com/watch?v=oUlwDDeAQNE

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