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To: LoneClone who wrote (41691)6/2/2007 11:53:59 AM
From: E. Charters  Respond to of 78421
 
Nobody was giving anyone credit for the longest time, not even other blues artists, who routinely stole off each other. Even Rice Miller stole his stage name, Sonny Boy Williamson, off the real original John Williamson, and believed it was ok as they did not record in the same generation. One was Delta, the other Chicago.

The whole music industry used to pour over the public domain tunes and lyrics from the ascap and bmi indexes. 75% of the top 40 from 1950 on was from that vein. The Animals and countless other groups got their start that way. In their defense, public d is public d, and no groups starting out could afford to pay other artists and composers for each and every song they played. They hardly make any money as it is, unless they get a mega hit and they are on top of their biz royalty agreements, which sadly most are not. Most of the black musicians sold their royalties very early for pittance just to pay rent.

Morey Amerstdam and other "composers" used to tour the Caribbean and Latin America countries which did not have Us royalty agreements or who would probably not find out about US hits, and rob legitimate listings from published music. Not that it did not take arranging talent, but also an equivalent lack of moral scruples. The famous hit Rum and Coca Cola was a lament originally published by Trade Winds Music of Jamaica, where Amerstdam used to vacation. The famous NY lawyer Louis Nizer proved that for his client, TWM in a classic suit. What lost Amerstdam the suit was a dissonance or off key note in the original refrain that would be very unusual for a musician to otherwise include if the piece were not blatantly copied.

en.wikipedia.org

posnerlaw.com

ccnmtl.columbia.edu

youtube.com

It's like CDN gold, a rich lode to mine.

And everyone was at the claim post first.

But they's fergetting I is the original mad prospector. I is the king of the gold claim. Jes call me Mountain Jake, the mad gold miner from the Hollywood Hills. I gots me a gold pan and I is goin' downtown. Gonna find me a gold hooker and gwine mine me some gold. If I can't get no gold I is gwine get me a gun and rob me a bank. If I can't find a gun I'll get me a tank. coda.

Unlike in most state courts (in which such conduct may be reversible error), a federal judge can ask questions to develop the facts and even comment outright on any portion of the evidence. He can even tell the jury how the evidence struck him, whom he believed or disbelieved, provided only that he advise the jury that they are not bound by his expressions of such views (pp. 77, 425).

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