Quotulatiousness

October 8, 2010

Do you recognize this astronaut?

Filed under: Law, Media, Space — Tags: , — Nicholas @ 08:32

Apparently, he’s so easily identified in this image that he’s suing the artist, her recording company, and the stock image firm:

An American astronaut is suing Dido, claiming the singer misappropriated his image on her most recent album. Bruce McCandless II was photographed on a spacewalk in 1984; a quarter of a century later, he found himself floating in the centre of Dido’s Safe Trip Home album cover. And he isn’t happy.

McCandless’s complaint, filed last week, names Sony Music, Getty Images and Dido as defendants, using the singer’s full name – Dido Florian Cloud de Bounevialle O’Malley Armstrong. However, because the Nasa astronaut does not own the rights to the photograph, he is not suing for copyright infringement. Instead, he claims his “persona” was used without permission to help sell Dido’s album.

I don’t know what his chances of success might be, but if Sony Music bought the image from Getty, then it’s Getty that should be the only defendant . . . it’s the stock photography company’s responsibility to ensure that all the images they sell are properly licensed and available to sell on. Downstream users shouldn’t be held responsible for the due diligence of the seller.

September 22, 2010

Boom de yada, boom de yada

Filed under: Humour, Media, Technology — Tags: , , — Nicholas @ 07:29

H/T to Maggie Koerth-Baker for the link.

September 12, 2010

Taking the term “Space Opera” too literally

Filed under: Media — Tags: , , , — Nicholas @ 00:49

Get your tickets now for the first opera to be performed entirely in Klingon:

Die-hard “Star Trek” fans may want to dust off their Klingon dictionaries and take a transporter to Europe for the debut of the first opera ever to be completely sung in the invented science fiction language.

The opera, called “u,” kicks off a three-day run at the Zeebelt Theater today in The Hague, Netherlands. The title “u” is the Klingon word for “universe” or “universal.”

Tickets for the performances were still available as of Friday morning, according to Reuters.

Klingon, which is spoken by members of the fictional “Star Trek” warrior race of the same name, has evolved into a significant pop culture phenomenon since the American science fiction TV series first hit the airwaves in the late 1960s.

Fans worldwide adopted the alien dialect and made it one of the most popular constructed languages, opera organizers said.

September 6, 2010

Fifteen albums/fifteen minutes

Filed under: Media, Randomness — Tags: , , , , , , — Nicholas @ 08:58

I got tagged with this Facebook meme by David Stamper a little while ago, but I’m only now just getting around to addressing it. Here’s the description I was sent:

The rules: Do this if it’s fun. Don’t take too long to think about it. Fifteen albums you’ve heard that will always stick with you. List the first fifteen you can recall in no more than fifteen minutes. Tag fifteen friends, including me, because I’m interested in seeing what albums you choose.

So, because I’m too lazy to do it in Facebook, I’m doing it here (eventually, through the magic of Twitter, the link’ll appear in Facebook anyway). Roughly in chronological order:

  • Rush, A Farewell to Kings
  • Al Stewart, Past, Present & Future
  • Led Zeppelin, Led Zeppelin IV
  • The Alan Parsons Project, Tales of Mystery and Imagination
  • Dire Straits, Dire Straits
  • Kate Bush, Hounds of Love
  • Neil Young, Live Rust
  • Pink Floyd, Wish You Were Here
  • King Crimson, In the Court of the Crimson King
  • Kitaro, Silk Road
  • Stan Rogers, Northwest Passage
  • Dead Can Dance, The Serpent’s Egg
  • The Pogues, If I Should Fall From Grace With God
  • John Coltrane, A Love Supreme
  • Charles Mingus, The Black Saint and the Sinner Lady

I had to take it in chronological order to limit it to only fifteen, so no really recent stuff . . . but perhaps that’s fair as it’ll take time to show if more recent stuff will hold up to long-term listening. Not quite making it onto the list was Sketches of Spain by Miles Davis & Gil Evans.

September 2, 2010

Farewell to “Farewell tours”, then?

Filed under: Britain, Media — Tags: — Nicholas @ 12:05

The Pogues appear to have a bit of dissent going on:

The Pogues have announced a “farewell tour” for the UK, much to the consternation of their guitarist. Phil Chevron has blasted notices for the goodbye tour, calling it “a marketing ploy” by others in the band. “This claim does not come from me,” he wrote on the group’s website, “and I will neither be supporting it nor discussing it.”

The seven-date tour begins in Glasgow and ends on 21 December in Brixton, with reported Irish gigs earlier in the month. These concerts will close the band’s 28th year, and their ninth since frontman Shane MacGowan re-formed the folk-punk rabble-rousers. But despite the flier’s unequivocal “Farewell Christmas Tour” tag-line, the Pogues don’t exactly seem ready to say farewell.

Not long after Chevron’s grumpy post to the official message-board, bandmate Spider Stacy popped in with a clarification. “This is the last Christmas tour for the foreseeable future,” he wrote. “That’s not to say we won’t be showing up at festivals here and there or maybe even the odd gig around the UK and Ireland and certainly in Europe. But we’re tired of dragging our weary, freezing carcasses around these drowning islands every December, so we’re going to give it a rest before you get tired of it, too. Go and see the Libertines. They’re the best.”

Shows how much attention I’d been paying . . . I thought 1996’s “Pogue Mahone” was the last album they’d recorded, and that they’d pretty much stopped performing. Off to Wikipedia . . .

The Pogues is a band of mixed Irish and English background, playing traditional Irish music with influences from punk rock and folk, formed in 1982 and fronted by Shane MacGowan. The band reached international prominence in the 1980s and early 1990s. MacGowan left the band in 1991 due to drinking problems but the band continued first with Joe Strummer and then with Spider Stacy on vocals before breaking up in 1996. The band reformed in 2001, and has been playing regularly ever since, most notably on the US East Coast every spring (bar 2010) and around the UK and Ireland every December. The group has yet to record any new music and according to Spider Stacy on Pogues.com has no inclination to do so.

That explains it nicely.

July 27, 2010

The Guild goes Bollywood

Filed under: Gaming, Humour — Tags: , , — Nicholas @ 07:34

<a href="http://www.bing.com/videos/browse?mkt=en-us&#038;from=&#038;vid=8cb424dc-cbdb-40be-90c5-8fb450462d2f&#038;from=en-us" target="_new" title="Season 4 - Music Video - &quot;Game On&quot;">Video: Season 4 &#8211; Music Video &#8211; &quot;Game On&quot;</a>

July 22, 2010

Theme music retrospective

Filed under: Britain, Media — Tags: , , — Nicholas @ 17:40

I spent too much of my childhood TV watching time hiding behind the couch whenever this program was on. I was too scared to watch, but wouldn’t let my mother turn off the TV:

Listening to all of them now, it’s only the first one that really sets the hair on the back of my neck quivering . . .

H/T to Rob Beschizza for the link.

July 6, 2010

Men at Work to pay 5% for infringement

Filed under: Australia, Law, Media — Tags: , — Nicholas @ 07:37

Following up from a post earlier this year, an Australian judge has avoided penalizing Men At Work the maximum for using a riff from another song:

A judge in Sydney has ordered the Australian band Men at Work to hand over a portion of the royalties from their 1980s hit Down Under, after previously ruling its distinctive flute riff was copied from a children’s campfire song.

But the penalty he imposed of 5% of the song’s royalties was far less than the 60% sought by publishing company Larrikin Music, which holds the copyright for the song Kookaburra Sits in the Old Gum Tree.

Kookaburra was written more than 70 years ago by Australian teacher Marion Sinclair for a Guides competition, and the song about the native Australian bird has been a favourite around campfires from New Zealand to Canada.

That seems like a remarkably sensible judgement: the song clearly does infringe, but only for a small portion of the entire recording: it’s not critical to the success of the song, but it does contribute to its overall atmosphere.

June 23, 2010

Bunch of “radical extremists”

Filed under: Cancon, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 09:09

Protest groups at the G20? No, the Heritage Minister’s sweeping characterization of the people and organizations opposed to the new copyright bill:

So when Moore warns about radical extremists opposing C-32, who is he speaking of? Who has criticized parts of the bill or called for reforms? A short list of those critical of the digital lock provisions in C-32 would include:

* Liberal MPs
* NDP MPs
* Bloc MPs
* Green Party
* Canadian Consumer Initiative
* Association of Universities and Colleges of Canada
* Canadian Association of University Teachers
* Canadian Federation of Students
* Canadian Library Association
* Business Coalition for Balanced Copyright
* Retail Council of Canada
* Canadian Bookseller Association
* Documentary Organization of Canada

While there are bound to be a few individual “radical extremists” in any organization, these particular groups aren’t known for their bomb-throwing agitator ways.

June 9, 2010

Glee as piracy central

Filed under: Law, Media — Tags: , , , — Nicholas @ 13:13

Christina Mulligan points out that a popular mainstream TV show is not only encouraging illegal behaviour, it’s actually indulging in it:

The fictional high school chorus at the center of Fox’s Glee has a huge problem — nearly a million dollars in potential legal liability. For a show that regularly tackles thorny issues like teen pregnancy and alcohol abuse, it’s surprising that a million dollars worth of lawbreaking would go unmentioned. But it does, and week after week, those zany Glee kids rack up the potential to pay higher and higher fines.

In one recent episode, the AV Club helps cheerleading coach Sue Sylvester film a near-exact copy of Madonna’s Vogue music video (the real-life fine for copying Madonna’s original? up to $150,000). Just a few episodes later, a video of Sue dancing to Olivia Newton-John’s 1981 hit Physical is posted online (damages for recording the entirety of Physical on Sue’s camcorder: up to $300,000). And let’s not forget the glee club’s many mash-ups — songs created by mixing together two other musical pieces. Each mash-up is a “preparation of a derivative work” of the original two songs’ compositions — an action for which there is no compulsory license available, meaning (in plain English) that if the Glee kids were a real group of teenagers, they could not feasibly ask for — or hope to get — the copyright permissions they would need to make their songs, and their actions, legal under copyright law. Punishment for making each mash-up? Up to another $150,000 — times two.

I’ve never watched Glee, but I find this quite an amusing juxtaposition, as the corporate owners of Fox are among the loudest and most active copyright enforcement goons around.

April 29, 2010

Did Bruno Ganz do too good a job playing Adolf Hitler?

Filed under: History, Media, Technology — Tags: , , , , , , — Nicholas @ 12:11

Now that you actually have to work at it to find some of the Downfall parodies on YouTube, John Naughton looks at the cultural power of remix culture, which has been most recently popularized by Bruno Ganz in his mesmerizing performance as Adolf Hitler:

Ganz’s performance is a real tour de force, so much so that the New Yorker critic wondered aloud if it would have the effect of humanising Hitler. But the scene had another, equally extraordinary, side-effect. It became the basis for a wildly successful and entertaining comic virus, in which people used everyday video-editing software to remix the scene in modern contexts (politics, sports, technology, popular culture). The German soundtrack was left unchanged, but new subtitles were added and then the results were posted on YouTube.

[. . .]

Some of these parodies are tiresome. But many are side-splittingly funny, a testimony to the power of remixing as a way of enlivening cultural life. Nevertheless, not everyone is delighted by this new art form. Jewish organisations have been understandably disturbed by the way the architect of the Holocaust has been turned into a comic turn. “Hitler,” said the director of the Anti-Defamation League, “is not a cartoon character”.

[. . .]

The YouTube remix culture is thus a new take on a venerable tradition. I wouldn’t argue that the Downfall spoofs are high art, but they are evidence of bottom-up creativity and intelligence in a new medium. And if we allow narrow considerations of intellectual property to stifle this creativity, then we may all, except for the lawyers, live to regret it.

April 23, 2010

When old folkies get bitter and vindictive

Filed under: Cancon, History, Media — Tags: , — Nicholas @ 08:42

An interviewer for the Los Angeles Times found Joni Mitchell in a mood to settle some old scores with fellow 60’s icons:

The Times interviewer referred to Old Nasal Voice in passing, citing his name-change from Robert Zimmerman to Bob Dylan. (Mitchell also abandoned her birth name, Roberta Joan Anderson.) Mitchell launched into an unprovoked assault. “We are like night and day, he and I,” she scoffed. “Bob is not authentic at all. He’s a plagiarist, and his name and voice are fake. Everything about Bob is a deception.”

Cowed, the interviewer moved on to safer topics — such as Prince (apparently a Mitchell fan) and sex appeal. Yet Mitchell still had time to slag off Grace Slick and Janis Joplin (allegedly they were “[sleeping with] their whole bands and falling down drunk”), and Madonna. Railing against the “stupid, destructive” era we live in, Mitchell took aim at the Material Girl. “Americans have decided to be stupid and shallow since 1980. Madonna is like Nero; she marks the turning point.”

It wasn’t all piss and vinegar. Mitchell fondly recalled Hendrix, “the sweetest guy”, and late-night listening sessions together. But even this memory is shaded in frustration. “He made his reputation by setting his guitar on fire, but that eventually became repugnant to him,” she recalled. “‘I can’t stand to do that anymore,’ he said, ‘but they’ve come to expect it. I’d like to just stand still like Miles.'”

March 31, 2010

Disciplining the customer

Filed under: Law, Media, Technology — Tags: , , , , — Nicholas @ 12:31

In what may yet turn out to be a groundbreaking method of increasing customer satisfaction and loyalty, the US Copyright Group is suing 50,000 of them:

The number of Americans targetted by entertainment industry lawsuits nearly doubled this month, as the the US Copyright Group (“an ad hoc coalition of independent film producers and with the encouragement of the Independent Film & Television Alliance”) brought suit against 20,000 BitTorrent users. 30,000 more lawsuits are pending, bringing the total number of US entertainment industry lawsuit defendants up to 80,000 (when you include the 30,000 victims of the RIAA).

This beatings-will-continue-until-morale-improves gambit is puzzling to me. It seems likely to me that most of these defendants will settle for several thousand dollars (regardless of their guilt) rather than risk everything by hiring a lawyer to defend themselves. But does the “US Copyright Group” really think that Americans will go back to the mall with their credit-cards in hand once their friends’ lives have been ruined by litigation?

You have to wonder how they think this is a useful and creative solution to a problem they’ll be facing for the rest of their corporate existance. Suing your own customers would seem — on the face of it — as an unlikely way of persuading them to remain customers . . .

Some of the folks being sued are, undoubtedly, guilty of deliberate and repeated copyright infringement for purposes of personal gain. In a sample size like this, some of ’em will fit just about any profile you choose. Most of them, however, will almost certainly turn out to be teens and twenty-something students with no particular assets worth taking. It’s like taking a sledgehammer to a cloud of gnats: you’ll mess up a few permanently, but most of ’em will not be touched.

February 25, 2010

EMI launches appeal over “Down Under”

Filed under: Australia, Law, Media — Tags: , — Nicholas @ 08:12

Following up from earlier this month, EMI is appealing against the decision that Men at Work plagiarized a popular folk song in their 80’s hit “Down Under”:

Papers filed with the Federal Court in Sydney listed 14 grounds for appeal and stated songwriters Colin Hay and Ron Strykert did not breach copyright.

It said similarities may be noted only by a “highly educated musical ear”.

[. . .]

EMI Music said the inclusion of the melody was, at most, a form of tribute to the tune.

In its appeal, EMI also argued that the Girl Guides Association of Victoria state actually owned the copyright, as they sponsored the 1934 Girl Guides song competition for which the song was written.

The decision seemed odd in another way: lack of proportionality. The “offending” part is a very small section of the song, which would not seem to justify awarding 40-60% of the profits from the work to the plaintiff. Perhaps Australian law allows it, but it seems to be an attempt to “right a wrong” by inflicting a disproportional penalty, rather than an equitable one (that’s not to say I think the decision was correct, just a comment on the initial finding).

February 12, 2010

Game music: Guild Wars Eye of the North

Filed under: Gaming, Media — Tags: , , — Nicholas @ 15:05

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