Life can be harsh sometimes. If you need to lift your spirits quickly, here are some things that work for me.
1. Drink a cup of coffee. When I really need to perk up, I drink a mug of dark roast coffee with a packet of hot chocolate mix blended in. This gives me an energy boost that improves my mood.
2. Go for a walk. Breathe in the air. Look at the sky. Listen to birds. Smell the trees and flowers.
3. Listen to music that you already know you like. Or get on Youtube and browse around and find some music you haven't heard before.
4. Talk with a friend or relative. Pick someone with whom you have an easy rapport.
5. Eat something healthy. Fresh fruit or vegetables. A big bottle of spring water. A healthy sandwich. A nice hot soup.
Another good idea is to go out and be nice to someone else or help someone else with a little chore. Giving kindness to another person will almost always lift your spirits.
The advantages of registering copyright on your songwriting and sound recordings include:
1. You can't sue for copyright infringement until you register.
2. If you have registered a song timely after it was created or before it is infringed, and it is then infringed, you can collect statutory damages, which are quite high, even if the real damages are quite small. If there was not registration before the infringement, statutory damages cannot be claimed and neither can attorney fees. THIS IS HOW simply registering will usually cause people to not infringe on a work, or to immediate remove it or cease with no argument, even without a lawsuit. This leverage power comes from registering before it is infringed.
3. Registration gives notice to the world.
4. Registration provides a very easy, centralized way for people to find who owns a song and how to contact them. The US Copyright Office has now included space for all that information on the registration, so it acts now as a centralized information database for songwriters and recording artists. This enables a songwriter or owner of a sound recording to be easily contacted by those who want to license the song, use the song in a film or TV show, or who want to know where to pay mechanical royalties.
5. Copyright Registration allows the copyrights to be easily included in a will, trust, or as collateral for a loan or as a business asset.
How I Became a Member of the Bar of the U.S. Supreme Court
by Susan Basko, esq.
Last month, I was honored to be sworn in as a member of the Bar of the U.S. Supreme Court. The Bar members are the lawyers from the nation that are eligible to practice before the U.S. Supreme Court in Washington, D.C. Bar members are allowed to write and argue the cases heard by the U.S. Supreme Court. I've seen it estimated that there are 75,000 living Bar members.
Bar members attending Court arguments are allowed to sit in a special section of the courtroom, just behind the Counsel tables. This section is referred to as being in front of the brass railing. There is a brass railing that divides this section of the Courtroom from the rear section allotted to the general public. The Courtroom is surprisingly small and run with very strict decorum. The center aisle is manned by elegantly attired, very polite Secret Service agents -- with the telltale earpieces. When an important case is being argued, there will usually be a long line to get in. Bar members get their own line and the seating in front of the brass rail. This can be a great advantage at getting in to be able to view an argument. This can be most helpful if one writes about Supreme Court cases, or simply if one likes to watch them. Male Bar members are required to wear a suit and tie. Female Bar members must wear suits or dresses. There is also a dress code for the general public that attend.
Nearly all the Bar members, men and women, wear nice black suits. It used to be that lawyers arguing a case before the U.S. Supreme Court were required to wear a morning coat with striped trousers. Today, lawyers from the Solicitor General's office still wear this outfit. These are the people arguing cases for the U.S. Department of Justice. On the day I was sworn in, one lawyer was dressed in this outfit. The morning jacket is long and swoops down in back. The pinstriped trousers are long and slightly flared at the bottom. This formal wear suits the sedate mood of the Courtroom, which is ornate, with original furnishings from 1935, when the building was constructed.
No electronics are allowed in the U.S. Supreme Court. Phones, smart watches, ipods -- none of these can be brought in. Most courts allow phones, but require them to be turned off or muted. The U.S. Supreme Court does not allow them in. No cameras of any kind are allowed into the Courtroom, even when court is not in session. Thus, there are very few photos or videos of the inside of the Supreme Court. These items can be stored in the hall by the restroom, where there are a few small rental lockers on a first-come basis. I don't know what people do if they have such an item and cannot get a locker. Coats are left at a coat check or on a coat rack. Security in the court is very tight. Very few items are allowed in and those that are, are put through a metal detector and then hand searched.
How did I come to be a U.S. Supreme Court Bar Member? The Dean from my law school, who was already a Bar member, invited me and said she would like to move for my membership. I said yes. She would be moving for the membership of a group of 12 lawyers. We had to fill out the application. Two sponsors, who were each already members of the U.S. Supreme Court bar, had to sign the application. The sponsors had to vouch that they know us and our work personally and that we are of good character. Thus, you can only become a member of the U.S. Supreme Court bar if you know people who are already members.
On an argument day, a group of 12 may be admitted in a group ceremony. We were each allowed to bring one guest into the Courtroom. On the morning we were to be sworn in, we were to meet at 8 a.m. at a special side door. I got up early, got dressed, and walked the few blocks over to the Court. I was excited and happy.
Conference Room at U.S. Supreme Court, where our breakfast and reception were held.
Our group gathered and we were ushered in to a lovely conference room. The room was large with very high ceilings, wood paneled walls, a grand piano, a wood burning fireplace. The room was decorated with paintings of former justices of the Court. The conference room was set with round tables with ivory tablecloths. We were served a buffet breakfast of coffee, teas, orange juice, pastries, croissants, bagels, and butter, jams, and cream cheese. There was a platter of cut fresh melon, pineapple, and blueberries. The china and silver looked like they might also be original with the building.
Chandelier in Conference room
The Clerk of the Court came to the conference room to introduce himself and welcome us. Another man then came and explained how the swearing-in ceremony would take place. Many of us made an escorted trip to restrooms. Some people posed for photos. Soon, it was time to line up to go into the Courtroom. We were told to leave our phones and other things in the conference room, which would be locked. We had a few extra people with us beyond our one allotted guest each, such as family members, law students, and a few children. We were told they would make room for everyone to have a seat in the Courtroom, at least for the swearing-in ceremony.
We were ushered in to the Courtroom and seated on rows of formal old chairs that are original with the building. We were very near the front of the Court, so we had a perfect view for the arguments after the swearing in. The Court sits on a raised marble platform with a long curved desk, called the bench. Each justice has a chair specially made for them, to their measurements and requirements. When a justice retires, they get to take their chair home with them. If I were a Supreme Court justice, I would want a chair with a built-in foot rest, and a cup holder built into the arm. The assistants to the Court came out and placed the case brief booklets at each place. Some assistants brought out water bottles and placed them by the Justices' places. After everyone was seated, the Justices filed in and each took their designated seat.
Court was called to session. The full Court of all the Justices were present. The first order of business was the swearing in of new bar members. Our Dean, who was moving to have us admitted, was announced and called to the podium. She first read the short motion that is used verbatim by all movants for admittance. Then she read each of our names, and we stood. She made a few statements about being satisfied that we were qualified. Chief Justice Roberts then announced that he was accepting the motion and that we were admitted. Then, another group of 12 did this same procedure. We had seen them in another conference room across the hall from ours. Next, we all stood and raised our right hands, while the Clerk of the Court read an oath and then we said, "I do."
It felt quite special to have my name read into the record of the U.S. Supreme Court. It felt special to be admitted to this Bar. Among our group, everyone I spoke with is involved in practicing law for the good of the people. One man works for an Appellate Defenders Office. Another conducts litigation for a State Attorney General. I have been involved in international Human Rights, such as Freedom of Assembly and Freedom of Speech and the Media. One lawyer, who is blind, advocates for veterans. Every one of us has been busy using our law licenses to improve society and life. People in our group have been lawyers for anywhere from about 10 years to over 30 years. They seemed to be a rock solid group of fine people and good lawyers. I felt so honored to be among them.
Immediately after the admittance ceremony, the Court heard two cases. Each case is allotted exactly one hour for arguments. There is a giant clock above the stage where the Justices sit. (This is a great blessing, considering there are no phones or smart watches allowed.) In addition, there are timer clocks that flash when the lawyer arguing the case is out of time. It was interesting to watch the style of arguments. I have acted as a Moot Court Judge -- and if a Justice is going to be prepared, it takes a lot of time to read the case materials. My experience in that position made me appreciate the work that goes into being a Supreme Court Judge. Watching the arguments, my preference was toward the female Justices. I thought they asked the most pertinent questions that brought out salient points.
One lawyer arguing for the defense in the second case was an exceptionally good arguer. What made him so good was that he knew the law of his case extremely well. He spoke very quickly in an animated way, with a lot of gestures and arm waving, which seemed to suit him well. His arguments were very convincing, mainly because he seemed to know what he was talking about. He seemed to be very in control and not the least bit intimidated by arguing before the Supreme Court. In contrast, there was a female lawyer who appeared to be arguing something off topic, and one of the Justices asked her if what she was arguing was even the question that the Court had agreed to decide. It wasn't; she said she was concerned about what might happen on remand, having already accepted defeat in her mind. I suppose one way to lose a case at the Supreme Court is to go in arguing about something else.
Justice Ruth Bader Ginsburg attended reception in our honor.
After the lawyers in the two court cases finished their arguments, we were ushered back to our conference room for a reception in our honor. We took a lot of photographs. The buffet table was set with more food and drinks. Justice Ruth Bader Ginsburg, who had accepted the invitation to attend the reception, suddenly walked in with a young male assistant. She spoke with us and answered questions. When she was asked for words of advice for us, Justice Ginsburg told us to not just work for a paycheck, but instead to work to make a difference in the world. She said we should join forces with like-minded people and make the world a better place, especially today. Then, she graciously posed for pictures with us. Justice Ginsburg is 84 years old and sharp as a tack. She is witty and generous. I treasure that I got to meet her.
Next, those of us who wanted to attend were given a very special lecture about the Court. This was held in the Courtroom and given by a highly knowledgeable docent. Only four of us attended. I learned that there is a basketball court above the Courtroom, and ball bouncing is prohibited until after 4:30 pm on days when Court is in session. I also learned that the Junior Justice, who is the newest member of the Court, has among his or her duties to answer the door and the phone in the conference room while the Justices are deciding a case. The Junior Justice is also in charge of the food in the Supreme Court Cafeteria, which is open to the public and very popular with people working on or visiting the Capitol.
After the lecture, a few of us went to the cafeteria to see the food. Justice Elena Kagan was in charge then. There was a lovely salad bar filled with fresh vegetables for 70 cents per ounce. There were hot entrees that looked healthy and freshly made. The day we were there, the entrees had a South American flare, with stuffed yams and a plaintain side dish. Now that the Junior Justice is Neil Gorsuch, I wonder if he will bring in some specialties from his home state of Colorado, such as baked trout. Yes, while most people are wondering how the presence of Justice Gorsuch will change the tenor of the Supreme Court rulings, I am wondering how his presence will change the cafeteria food.
Dome of the U.S. Capitol Building
We looked at the cafeteria food, but did not have time to eat, because our whole big group was scheduled shortly for a special tour of the Capitol Building, granted to us by a Congressman. We walked across the street to the Capitol Building and went through security. Unlike the Supreme Court building, which is quiet and subdued, the Capitol Building is very noisy and filled with groups of high school students and tourists. It is also heavily guarded. I saw one young army guard holding a machine gun at the ready. He stood joking with his guard friends. Giddy high school kids walked by. The security level seemed commensurate with this being the U.S. Capitol in 2017.
Our group was told to meet by a certain statue. Once our group was gathered, we were taken into an auditorium where we watched a short film about the history of the U.S., the U.S. Constitution, Washington and the District of Columbia, and the Capitol Building -- all told in about 12 minutes. It was like a semester of U.S. History all wrapped up in one quick little, attractive movie. Then, we climbed the stairs to the back of the auditorium and out into a hall. We were introduced to our tour guide. She gave each of us a set of headphones with a receiver on a lanyard to wear like a necklace. We would walk through crowded halls, and past other group tours, but in our headphones we would hear only our own tour guide. She was fantastic. We were taken on a tour of the public parts of the building, which is quite impressive. This tour included climbing about 1,000 stair steps. There were benches for sitting and resting all over the building, all of which seemed to be filled with grade school kids, looking wiped out.
Lastly, we were each given a pass to go see the House of Representatives that day and any day for two years. These are called "Gallery Passes" and I could not help but think they are considered tickets to the peanut galley. When we arrived at the Chambers gallery, the House was in recess for an hour. Some people in our group decided to go in and wait. I have seen legislators in action many times and I was hungry and tired, so I left.
As a member of the Supreme Court bar, I will receive an impressive certificate for my wall. A few years ago, I was asked by someone as he filed his case with the Supreme Court, if his case was selected, would I argue it? At the time, becoming a member of the U.S. Supreme Court bar seemed insurmountable and I had to decline. Now, I am a member. If I am ever asked again, I can say yes.
Recently, a Facebook friend who is a talented pianist and composer posted this question:
"so the song "Play that Song" by the band Train.... to me, is essentially the classic "Heart and Soul"; the melody is pretty much verbatim, so... is there copyright infringement here?"
The question piqued my interest because I am a lawyer who works in music law and copyright. Listen to the video above to hear "Play that Song," by Train.
First, I looked and found that "Heart and Soul" is an old song by Hoagy Carmichael. Listen to that song in the video below.
My friend was right -- the two song melodies are undeniably the same. Was this copyright infringement?
Next, I looked up the names of the songwriters on each of the songs.
"Heart and Soul" is listed as being written by Hoagy Carmichael and Frank Loesser.
"Play that Song" is listed as being written by Hoagy Carmichael, Frank Loesser, William Wiik Larsen, and Pat Monahan. See-- the new song is naming Hoagy Carmichael and Frank Loesser, the two writers from "Heart and Soul," in its list of songwriters.
And who are Pat Monahan and William Wiik Larsen? Pat Monahan is the lead singer of Train and also an accomplished songwriter. William Wiik Larsen is a long time songwriter and producer with many professional songwriting credits. (Please note the correct spelling is William Wiik (two i's) Larsen, not William Wilk Larsen.)
Thus, "Play that Song" has four songwriters -- two of whom are alive, and two of whom died many years ago.
"Play that Song" is what is known as a derivative work in Copyright Law. The melodic tune created by Hoagy Carmichael and Frank Loesser was used with permission of the owners of the copyright of the songwriting on "Heart and Soul," which would be the publisher or the estates of the men, since both Mr. Carmichael and Mr. Loesser passed away many years ago. Both men are also listed as songwriters on "Play that Song," which means their publishers and estates will share in the songwriter royalties on the new song. This shows a perfect example of how registering copyright on songwriting can be of benefit even long after the death of the songwriter.
A work that is creative and original and set into a tangible medium can have copyright. Copyright gives a whole list of protections and rights. One of those rights is the right to control who gets to make a "derivative work." A "derivative work" is a new work that is derived from one or more existing copyrighted works. This pdf bookletgives a lot of information on derivative works.
If you wish to create a song that is a derivative work, you should have your music lawyer contact the owners of the copyright on the songwriting that you wish to use. First, the lawyer will look up and see who the actual songwriters are on the song. Next, the lawyer will try to locate all the current publishers for the song. Next, the lawyer will contact the publishers and seek permission for you to create the derivative song. If the new song qualifies as a derivative work, it will then be copyright registered naming both you and the original songwriters as the songwriters.
If a songwriter creates a derivative work song without getting permission and without naming the original songwriter, that is copyright infringement and can lead to a lawsuit. If you are borrowing from the songs of others, you must get their permission or risk legal trouble.
NOW THINK ABOUT THIS: When a song is very old, it no longer has copyright protection. Then, it is in the public domain. If you create a new version of a song in the public domain, or use parts of it, or create a remix of several such songs, or create a new arrangement, you do not need permission. If you do create such a work, you can register your name as the songwriter or arranger, along with the original songwriter. For example, if you create a remix of Pachelbel's Canon in D, you can list yourself as the songwriter alongside Pachelbel, as many songwriters and composers have done.
Or, if you come up with an updated version of "Fur Elise," you can list your name as songwriter along with Ludwig van Beethoven. Check out this version of "Fur Elise" created by Josh Vietti.
May this information help you to create. Enjoy the music.
The expert panel of OSCE ODIHR has issued, Human Rights Handbook on Policing Assemblies, its latest guidebook on international standards for protests. You can download a pdf of the guidebook HERE. Previous versions in earlier years have leaned toward vague and euphemistic wording and idealistic expectations. This 2016 version is more specific and useful, perhaps because of the addition of 10 panelists from police departments worldwide.
On this panel from the U.S., there is Ralph Price, General Counsel of the Office of the Superintendent from the Chicago Police Department. Chicago has an excellent recent track record of large protests with no major trouble. Chicago has also been able to hold huge non-protest events with only minor expected problems. These events have included the November 2016 rally and parade for the Chicago Cubs World Series win, which the City of Chicago estimates had an attendance of 5 million people, making it the largest gathering ever in the United States and the seventh largest gathering in world history. By any measure, this makes the Chicago Police experts at handling crowds. This sort of real world expertise helps make this new guidebook quite useful.
Note: OSCE ODIHR stands for Organization for Security and Cooperation in Europe, Office of Democratic Institutions and Human Rights.OSCE has 57 participating nations on 3 continents of Europe, North America, and Asia.
In this guidebook, "assembly" specifically means a protest of some sort. These guidebook lists "meetings, rallies, pickets, demonstrations, marches, processions, parades and flash mobs." Glaringly absent is almost any mention of camping or tent protests, which have been prevalent worldwide over the past 5 years. Page 13 of the guidebook makes this statement, but fails to call it "camping," and fails to mention tents: "Though they (protests) are usually of temporary nature, they may also last for considerable time, with their semi-permanent structures in place for several months." After this brief mention, the topic of camping as a protest is dropped. In fact, since the Occupy protests, camping protests have become popular worldwide.
Also missing is any mention of a sit-in, which is a short or long term residence inside a building.
Camping and sit-in protests involve the occupation and exclusive use of space meant to be shared by others. These protests are often highly effective at galvanizing dissent and thus, are highly useful to a democracy. They are also where law enforcement most needs to be guided and restrained. If you have been paying attention to the recent police actions against the Standing Rock Sioux Tribe and allied protesters of the Dakota Access Pipeline that proposes to send oil through several U.S. States, you have seen protesters sprayed with water in freezing temperatures, attacked with chemical weapons, and injured with projectiles shot from guns. The "No DAPL" protesters have a huge groundswell of support and appear to be holding ground on land that rightly belongs to their tribe. Yet, stories of abuse by law enforcement against the protesters are cropping up daily. The photos and videos are hard to deny.
Flash mobs are also listed in the "Types of Assemblies" (pg 15), but are only minimally addressed thereafter. This may be because a peaceful flash mob will usually be over and gone before there can be any police response.
Another topic that is missing from the guidebook is the manner of making arrests. This is glossed over. In the U.S., there has developed a widespread practice of police forcing a person to the ground to arrest the person. This has led to many cases of injury and to physical abuse committed by police. The arrestee is often ordered or forced to the ground, usually for no apparent reason. Often, a police officer places a knee into the back of the person on the ground. This surely causes injury to anyone and has been known to cause severe injury and death. Numerous videos show multiple police officers piling onto a person on the ground. Many videos show the person on the ground being kicked, beaten, or even shot (though shooting is usually in individual encounters and not in protest situations.) The method and manner of arrest is an issue of dire, immediate importance in human rights with regard to policing. The guidebook would have been far more balanced if the panel had included those who plan and participate in protests, rather than such a theory-only based panel. It is way past time for any groups interested in human rights to address the manner and method of making an arrest.
Another topic that is missing is the widespread practice of targeting peaceful leaders for arrest. Again, including panelists with real protest experience would have been useful. Leaders of protests are often "picked off" by police in what are essentially random kidnappings. Again, there is often video to show that such arrests come about with no provocation or need.
Another major topic that the guidelines do not address is the jamming or other interference with wifi or phone signals, and/or the use of stingrays to gather data from devices. These actions by police to sabotage personal and journalistic media and communications should be prohibited.
Thus, I suggest that in future versions of such OSCE ODIHR guidebooks on policing for protests:
That additional panelists be included to reflect a more well-rounded viewpoint, including those who plan and participate in protests;
That camping protests be addressed;
That sit-in protests be addressed;
That the specific method and manner of arrests be addressed and that police be prohibited from requiring or forcing any person to lie on the ground;
That the practice of targeting peaceful leaders for arrest be prohibited.
That police should be prohibited from jamming or interfering with wifi or phone signals or from using stingrays to gather data.
Among the positive highlights of the guidebook as the topics relate to the protesters or those engaged in the assembly , I have found these things (These are being numbered for use in referencing them; they are not in any order of importance.)
1. Freedom of peaceful assembly is a fundamental human right and, as such, is considered one of the cornerstones of a democratic society. (pg 12)
2. That protests often block traffic or cause inconvenience: "Many assemblies will also cause some degree of disruption to routine activities; they may occupy roads and thoroughfares or impact traffic, pedestrians and the business community. Such disruption caused by the exercise of fundamental freedoms must be treated with some degree of tolerance. It must be recognized that public spaces are as much for people to assemble in as they are for other types of activity, and thus the right to assemble must be facilitated. (pg 13)
3. That there must be a balancing act between the different people wishing to use the space: "Where peaceful protest interferes with the rights and freedoms of others it will often be the responsibility of the police to balance respect for of those rights with the right to freedom of assembly." (pg 14)
4. That there is a human right to peaceful assembly, but not to engage in violence against property or people: "The right to assemble is a right to assemble peacefully. There is no right to act in a violent manner when exercising one’s right to assemble. If an individual acts violently while participating in an assembly, then that individual is no longer exercising a protected human right. However, violent acts by isolated individuals do not necessarily affect the right to assemble of those who remain peaceful." (pg 15)
5. Even if the protesters fail to comply with regulations (such as local regulations that may require a permit) police should still facilitate the protest: "It should be noted that even though an assembly organizer or individual participants may fail to comply with legal requirements for assemblies, this alone does not release the police from their obligation to protect and facilitate an assembly that remains peaceful." (pg 15)
6. What is "peaceful assembly"? "Peaceful Assembly: An assembly should be deemed peaceful if the organizers have professed peaceful intentions and the conduct of the participants is non-violent. Peaceful intention and conduct should be presumed unless there is compelling and demonstrable evidence that those organizing or participating in that particular event themselves intend to use, advocate or incite imminent violence. The term “peaceful” should be interpreted to include expressive conduct that may annoy or give offence, and even conduct that temporarily hinders, impedes or obstructs the activities of third parties. 2 An assembly should be considered peaceful, and thus facilitated by the authorities, even if the organizers have not complied with all legal requirements. Lack of such compliance should not be an excuse to inhibit, disrupt or try to prevent an assembly." (pg. 14-15)
7. What is not "peaceful assembly"? "Assemblies that incite hatred, violence or war, aim to deliberately restrict or deny the rights of others or aim to intimidate, harass or threaten others, in violation of applicable law, are not considered to be protected assemblies. Article 20 of the International Covenant on Civil and Political Rights states that “any propaganda for war shall be prohibited by law, and that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” (pg 15)
8. If some of the protesters are violent, police should deal with those individuals and not deny the whole group the right to assemble: "If individuals or small groups of people engage in acts of physical violence during an assembly, the police should always ensure that their response is proportionate and focuses on those who are engaged in violent behaviour rather than directed at the participants in the assembly more generally. This is true whether the violence is directed against the police, individuals, property, people within the assembly or those perceived to be in opposition." (pg 18)
Example from recent news: Such a situation was seen at a recent protest in Portland, Oregon, after the 2016 presidential election. A very large protest took place. A small subset of individuals came armed with bats and metal bars, and broke windows on shops and smashed the windows and metal on cars. The Portland police were heard on videos telling those not engaged in the violence to separate themselves from the violent protesters and go protest at a different location where peaceful protests were being held. The police then declared the area a riot and stated that all present were under arrest. Overall, it appeared that the Portland police did a good job of protecting the rights of the peaceful protesters while being able to arrest a significant number of the violent protesters.
9. Costs of Policing should not be charged to protesters or organizers. Insurance coverage should not be required: "The costs of providing adequate security and safety (including policing and traffic management operations) should be fully covered by the public authorities. The state must not levy any financial charge for providing adequate policing. Organizers of non-commercial public assemblies should not be required to obtain public-liability insurance for their event." (pg 21)
NOTE: I would like to see this expanded to say that a City should open its available public restrooms for use by those in an assembly or protest. Other nearby facilities, such as park benches, picnic tables, public transportation stations and bus stops, drinking fountains and water spigots, electrical outlets, bicycle racks, and other existing facilities should be open and their use not denied to protesters.
10. Police should not interfere with or restrict media journalists. No distinction should be made between media organizations and independent journalists. People should be allowed to video or photograph the police. Police should not confiscate or damage cameras, cell phones, or other equipment of the journalists. (pgs 33-34)
11. That police officers may never act as agents provocateurs: "That officers must not act as agents provocateurs and may never instigate, participate or incite illegal actions within the assembly." (pg 71) This topic is limited to a single sentence, but should instead be printed in huge bold letters taking up an entire page. There are many stories of police acting as agents provocateurs and trying to incite violence or entrap protesters. It is heartening to see this despicable practice prohibited by OSCE ODIHR.
12. Policing Strategy: Part II of the guidebook, which is pages 42-125, deals with the police planning and strategy. Topics include the use of water cannons, chemical agents, impact round (less than lethal weapons), and firearms. Notably absent is discussion of the use of a sound cannon or LRAD. If you are involved in planning protests or in giving legal advice or assistance to those who do plan protests, you should read this entire section. It will give you a picture of the details of planning, infrastructure, and expense that go into running a police force that can properly handle public assemblies. (pgs 42-125) It can also help you understand the rights of protesters and how to protect them from harm. Although each city in the U.S. and each city worldwide all have different specific laws regarding public assembly, there is a commonality to the approach. This guidebook is an attempt to get the OSCE member nations all on the same framework of respect for human rights in peaceful assemblies.
NOTE: My personal observation has been that the more organizers and protesters or participants in public assemblies are aware of the laws, rules, regulations, and practices of the police and city, the more likely the protest is to be peaceful. The more people can engage in peaceful protest, the better the democracy. Protest and assembly are basic human rights that lead to better government.
So, too, the more aware that people are of the possibility that there may be people who show up at a peaceful protest with the intent of disrupting it with violence or chaos, the more likely the peaceful ones are to separate themselves from the violence. Knowledge is a powerful thing.
More about OSCE:
The OSCE has 57 participating States from Europe, Central Asia and North America:
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Canada
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Holy See
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Moldova
Monaco
Mongolia
Montenegro
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
the former Yugoslav Republic of Macedonia
Turkey
Turkmenistan
Ukraine
United Kingdom
United States
Uzbekistan
About my involvement with OSCE ODIHR: Susan Basko, the author of this article, is a lawyer in the United States of America. Among other things, she assists those who want to plan a protest. She is open in helping people from the wide spectrum of political and personal viewpoints. IN 2012, she assisted OSCE ODIHR in a study of protests throughout the world, with her expertise being lent to the U.S. protests taking place in New York, Chicago, Los Angeles, and Oakland, California. Ms. Basko was invited by OSCE ODIHR to participate in a summit of leaders and activists from around the globe. That meeting was held in Vienna, Austria. Ms. Basko contributed by making proposals for international laws to require nations not to interfere with internet or phone signals during a protest. That proposal was accepted by the assembly and became part of the recommendations for laws sent to the 57 participating nations. Ms. Basko sees OSCE ODIHR as the organization making the biggest impact worldwide to protect the human rights of freedom of speech, freedom of assembly, and freedom of the media.
How to Make a School Spirit Music Video for Youtube
By Susan Basko, Esq.
12 Simple Steps, each of which take a good deal of time, work, and attention to detail:
1. TEACHER SUPPORT: Gather the support of a teacher who will sponsor the making of the video. Any enthusiastic teacher will do.
2. STUDENT VIDEO CREW: Find a few students who like to do video production. A music video such as the one above can be made using a GoPro type of camera that is worn on a hat. A good cellphone video camera can also be used to make such a music video. You don't need an expensive or fancy or big camera.
3. PLAN YOUR VIDEO: Plan how you will make your video so that you have as little editing to do as possible. Youtube itself has a simple video editor that is compatible with Youtube and easy to use. Or the people on the video team may have their own video editing program.
Note: One mistake a lot of these school walk-through videos (like the one below) are making is having the featured people walking backwards. The camera person should walk backwards, with the featured people walking toward the camera. The camera person should walk a few feet ahead of the featured performers, but be walking backwards. The camera person will have an assistant to guide the way. Plan this out and practice and you will see that the video looks much better with the main performers walking toward the camera.
4. CHOOSE A SONG or SONGS. Our good friends at Youtube have made arrangements so that you can use many popular songs for free to make your own music video for Youtube! The songwriters and record labels have agreed to let us use their music on Youtube videos and Youtube puts ads on the video. That way, the music people are making a little money from your video. This is ONLY for use on Youtube and not on any other video uploading site. Keep in mind, a Youtube video can be linked onto Facebook, Twitter, or in emails, and can be embedded onto almost any website or blog - if you set the settings on your video on your Yutube channel so that it can be shared by linking and embedding.
5. YOUTUBE POPULAR SONG LIBRARY. Here is a link to the music library of popular songs. https://www.youtube.com/music_policies If the song is on the list, you are allowed to use it on your Youtube video. You will need to buy a copy of the song someplace, such as Itunes or Amazon.
You can use the search bar on the page to find the song you like. Click on the little arrow by the song to find out the Policies related to the song. If the song you want to use is on the list, you don't need any sort of licensing. Youtube worked out this deal especially for Youtube users so you can make cool videos with the great music that you love!
7. YOUTUBE CONTENT POLICIES. Keep in mind, Youtube NEVER allows any video that shows any person who has not given their permission to be in the video. Youtube does not allow any video to show any person or mention their name unless that person has given permission. Youtube also does not allow anything that says anything bad about any person (defamation), or that invades anyone's privacy, or anything that is shocking, violent, gross, sexual, illegal, or anything that promotes illegal drug use, violence, terrorism, hate, racism, or any other such thing.
This excellent school video from Canton High School uses snippets of many songs:
8. TRY TO INVOLVE EVERYONE AT YOUR SCHOOL. If you look at both of these videos, you will see that they include everyone from the school. Include students of all races, all sizes. Include the students with disabilities. Include the book worms and the shy students. Watch these videos for clever ideas on how to do this. On Youtube, you can find many other examples of school spirit videos. Some use cameras on drones for aerial shots. Some have a talking or acting component -- though these videos are not usually as strong as the spirit videos that use only music.
Here's another good one that uses a lot of songs. This is from Lexington High School:
9. REHEARSE THE VIDEO. SHOOT THE VIDEO. Once you have the video all planned out, the individuals who will lip synch or dance or speak should rehearse their parts. Then there should be a day when everyone gathers to do a big group rehearsal and to shoot the video. You should rehearse and shoot the video on the same day, since it will be hard to gather all those people more than once.
10. EDIT AND UPLOAD YOUR VIDEO. After the video is shot, it will need to be edited. It is best if you plan in advance to have as little editing as possible. For example, while you are shooting the video, you can have the music playing over a boombox so all you need to do is match up the video with the song using the boombox audio that is on the video. Practice this a bit and you will find what works best for you.
11. UPLOAD YOUR VIDEO AND SET YOUR SETTINGS. Once your video is made, upload it to a Youtube video channel. It is best to create a channel just for the video so that no one feels that the school spirit video message is being mixed with any other messages. Someone will need to watch the Message Inbox on the channel in case there are problems with take down requests. You will also want to be sure to check the box to allow someone to moderate the comments so that negative comments don't spoil your video. Or it may be easier to simply Disable Comments. If you disable comments, you will lose some encouraging comments, but you will also avoid the nasty haters.
12. POST LINKS AND EMBEDS. Once the video is up on Youtube, if you have the "Sharing" setting set so that anyone can link or embed the video, you can encourage all the students to post the video on their Facebook and Twitter pages, to email it to their families and friends, and embed it on their blogs or websites. This is a great way to share your school spirit!
Now is a good time for a review of the basic Copyright law that pertains to use of a sample from one song used in a new song created by someone else. There is a Copyright case on trial now in Los Angeles involving Jay Z, Timbaland, and use of a sample in a song they made. Below, we'll review the law YOU need to know to use a sample in a song you create.
Jay Z and Timbaland are testifying in a Copyright lawsuit trial that was filed against them in 2007 by the nephew of an Egyptian songwriter. The nephew claims that a 4-note flute sample from the Egyptian song used by Jay Z and Timbaland in their 1999 song "Big Pimpin'" violates his uncle's moral rights. The Egyptian nephew claims that the family never signed over the right to make a derivative work. You can read more about the case in this excellent news article by the Guardian.
The flute sample in "Big Pimpin'"is taken from the Egyptian song, "Khosara, Khosara," written for use in an old Egyptian movie. You can hear the song in the video below.
The "Big Pimpin'" case is complicated because the sample came from an Egyptian song that was not registered and using U.S. Copyright law. From the accounts of the trial, it sounds as if Jay Z, Timbaland, and their record companies did all they could to be fair. They paid the music companies representing the family of the composer for use of the song. The nephew, or his lawyer, contends that the family never signed over the right to make derivative works. The music company representing the song says the family did sign over the right to make a derivative work. This may be difficult to determine because of different laws and different languages being used by the U.S. and Egypt. There is also the issue of artist moral rights, which are recognized differently in different nations. The nephew's concern seems to be that "Big Pimpin'" has lyrics that portray promiscuous sex, and that this defiles his uncle's song. If permission was not given, this would violate the artist's moral rights. In U.S. copyright law, this right is translated statutorily into the right to control which derivative works are created. In the "Big Pimpin'" trial, the judge has ruled that the song lyrics cannot become part of the trial. This is the crux of the lawsuit and thus appears to be an error on the part of the judge, which may result in an appeal.
USING A SAMPLE UNDER U.S. COPYRIGHT LAW OR INTERNATIONAL LAWS: When you want to use a sample of a song in your work, first you need to check and see if it is under U.S. Copyright law. You can check that on the U.S. Copyright website. If the song you want to sample is under the laws of a different nation, you need to follow the laws of that nation and of the U.S. That is not easy.
If you look at the "Big Pimpin'" case, Jay Z and Timbaland involved lawyers, got contracts, and paid at least $100,000 for use of the sample. That was not good enough because the family claims it never gave up the moral rights or that it never assigned the right to make derivative works, although the music company representing the song says they did assign the right to make derivative works.
This brings up a very important lesson -- that the rights or license you are getting in any contract are only as good as all the underlying contracts, releases, and licenses. In most instances, the underlying contracts will be shaky, at best. It is important to get rock solid contracts that are valid in perpetuity for all the world and that are binding on the estate, heirs, agents, or assignees of the property.
IF THE SONG YOU WISH TO SAMPLE IS UNDER U.S. COPYRIGHT LAW and if the song you are creating will be under U.S. Copyright law, this is the important thing to remember:
THERE ARE 4 MAIN THINGS YOU NEED TO USE A SAMPLE IN A SONG:
1) MASTERS USE LICENSE. the recorded music itself has a copyright that belongs to the Owner of the Copyright on the Sound Recording that is actually being used, which will usually be a record label. The license to use the sound recording is called a MASTERS USE LICENSE;
AND (a great big important "AND") 2) PERMISSION FROM THE SONGWRITER/ PUBLISHER TO CREATE A DERIVATIVE WORK. The Songwriter is usually represented in such matters by a PUBLISHER. The songwriter or publisher may or may not give permission to use the sample. Permission may be given or withheld for any or no reason and may be on any terms the songwriter or publisher desires.
The right to create a derivative work is one of the main rights given to a songwriter in U.S. Copyright law. This is the statutory place where "artist moral rights" have been codified, to some extent - although artist moral rights, as they exist in other nations, are more all-encompassing. Under U.S. Copyright law, the right to make a derivative work is where the artist gets to say yea or nay to the use of his or her work in someone else's new work. In the "Big Pimpin'" case, the family of the Egyptian songwriter is saying that their uncle's song, "Khosara, Khosara" is defiled by use of its characteristic flute notes being sampled and placed into a song with immoral or indecent lyrics.
In the U.S., if a songwriter wants to use a sample of a famous song, it is very common that the songwriter or publisher will demand to see the lyrics and possibly even to hear a simple mock-up recording of the proposed song BEFORE permission is given for use of the sample. A songwriter or publisher may even want control over any music video for the song created with the sample.
AND (and this is the biggest "AND" of all)
3) MONEY MONEY MONEY. You have to PAY to use a sample. You have to pay a flat fee and royalties per sale for the MASTERS USE LICENSE. That money goes to whoever owns the sound recording you are using, usually a record label. And you have to pay the songwriter/ publisher. That might be a flat fee, or it might be a flat fee plus an amount per each copy sold.
The contracts that you form with the Songwriter/ Publisher and with the Record label/ Owner of the Copyright on the Sound Recording will tell what price will be paid, how, when, and all the pertinent terms.
In most instances, most record labels and most publishers will only allow samples of their songs to be used by a song creator who has a good track record, a lot of potential for sales, a plan for a good song and good usage of the song, plans to create a new song that will not interfere with the sales or reputation of the original song from which the beat is taken, and MONEY to pay them upfront.
AND (and and and)
4) ROCK-SOLID CONTRACTS written to cover all contingencies.
If a sample is used in a song that becomes a big hit, lawsuits will come out of the woodwork. In the "Big Pimpin' " case, it sounds as if Jay Z and Timbaland took every conceivable step to be fair, to get contracts for use of the music and for the underlying songwriting, and to pay everyone fairly. They say the family has been paid all along for use of the song. Success and money attract lawsuits. In the U.S., generally speaking, a nephew would have no standing to sue on behalf of rights that belong to his uncle. It is unclear (at least to me) how he has standing to bring this lawsuit in California, unless he was appointed the representative of the estate under the laws of Egypt. It also sounds as if the lawsuit is trying to divide the right to make a derivative work from artist moral rights over that derivative work, but in U.S. copyright law, that is not valid, and the lawsuit is taking place in a U.S court.
In the U.S., it is the obligation of the artist who is allowing someone else to create a derivative work to take precautions IN ADVANCE to make sure that the new work will be suitable to cover what are in essence, the artist's moral rights. In the U.S., we cannot give the right to create a derivative work and then complain afterwards that it does not meet our standards. THEREFORE, any contract formed to give the right to create a derivative work should be based on information given BEFOREHAND regarding the proposed project and the people who will be creating it, and subject to approval AFTER its creation. This is where the right to create a derivative work branches off from moral rights. In other nations, one might give the right to create a derivative work and then still complain after its creation that it violates the moral rights of the original artist. In U.S. Copyright law, if you give permission for a derivative work to be created, the onus is on you, as the owner of the copyright on the original work, to ascertain in advance whether the derivative work will meet your approval. Under U.S. copyright law, once you give permission for a derivative work, unless it violates a specific provision of a contract you have formed with the person creating the derivative work, you do not have grounds to complain. In the U.S., the artist's moral rights are not separate and apart from the right to create a derivative work. In other nations, the artist's moral rights are separate and sacrosanct rights.
Conversely, any contract to allow creation of a derivative work must be meticulously drafted to avoid having one's creation used in a new work that may harm the reputation or morals of the creator of the original. The "Big Pimpin'" case is a great example of this. The original song, "Khosara, Khosara," was created by an Egyptian for an Egyptian movie. Egypt is a predominantly Muslim nation, which has become more fundamentalist in recent years. It is entirely possible the family of the songwriter may face scandal or punishment if it appears they gave permission for the sample to be used in "Big Pimpin,'" the lyrics to which are below. The music video, shown above, portrays a drug hustler fantasy of having a big boat filled with dozens of beautiful women wearing bikinis.
You know I - thug em, fuck em, love em, leave em
Cause I don't fuckin need em
Take em out the hood, keep em lookin good
But I don't fuckin feed em
First time they fuss I'm breezin
Talkin bout, "What's the reasons?"
I'm a pimp in every sense of the word, bitch
Better trust than believe em
In the cut where I keep em
til I need a nut, til I need to beat the guts
Then it's, beep beep and I'm pickin em up
Let em play with the dick in the truck
Many chicks wanna put Jigga fist in cuffs
Divorce him and split his bucks
Just because you got good head, I'ma break bread
so you can be livin it up? Shit I..
parts with nothin, y'all be frontin
Me give my heart to a woman?
Not for nothin, never happen
I'll be forever mackin
Heart cold as assassins, I got no passion
I got no patience
And I hate waitin
Hoe get yo' ass in
And let's RI-I-I-I-I-IDE, check em out now
RI-I-I-I-I-IDE, yeah
And let's RI-I-I-I-I-IDE, check em out now
RI-I-I-I-I-IDE, yeah
[Chorus One: Jay-Z]
We doin.. big pimpin, we spendin cheese
Check em out now
Big pimpin, on B.L.A.D.'s
We doin.. big pimpin up in N.Y.C.
It's just that Jigga Man, Pimp C, and B-U-N B
Yo yo yo.. big pimpin, spendin cheese
We doin - big pimpin, on B.L.A.D.'s
We doin.. big pimpin up in N.Y.C.
It's just that Jigga Man, Pimp C, and B-U-N B
[Bun B]
Nigga it's the - big Southern rap impresario
Comin straight up out the black bar-rio
Makes a mill' up off a sorry hoe
Then sit back and peep my sce-nawr-e-oh
Oops, my bad, that's my scenario
No I can't fuck a scary hoe
Now every time, every place, everywhere we go
Hoes start pointin - they say, "There he go!"
Now these motherfuckers know we carry mo' heat than a little bit
We don't pull it out over little shit
And if you catch a lick when I spit, then it won't be a little hit
Go read a book you illiterate son of a bitch and step up yo' vocab
Don't be surprised if yo' hoe stab out with me
and you see us comin down on yo' slab
Livin ghetto-fabulous, so mad, you just can't take it
But nigga if you hatin I
then you wait while I get yo' bitch butt-naked, just break it
You gotta pay like you weigh wet wit two pairs of clothes on
Now get yo' ass to the back as I'm flyin to the track
Timbaland let me spit my pro's on
Pump it up in the pro-zone
That's the track that we breakin these hoes on
Ain't the track that we flow's on
But when shit get hot, then the glock start poppin like ozone
We keep hoes crunk like Trigger-man
Fo' real it don't get no bigger man
Don't trip, let's flip, gettin throwed on the flip
Gettin blowed with the motherfuckin Jigga Man, fool
[Chorus Two: Bun B]
We be.. big pimpin, spendin cheese
We be.. big pimpin, on B.L.A.D.'s
We be.. big pimpin down in P.A.T.
It's just that Jigga Man, Pimp C, and B-U-N B
Cause we be.. big pimpin, spendin cheese
And we be.. big pimpin, on B.L.A.D.'s
Cause we be.. big pimpin in P.A.T.
It's just that Jigga Man, Pimp C, and B-U-N B, nigga
[Pimp C]
Uhh.. smokin out, throwin up, keepin lean up in my cup
All my car got leather and wood, in my hood we call it buck
Everybody wanna ball, holla at broads at the mall
If he up, watch him fall, nigga I can't fuck witch'all
If I wasn't rappin baby, I would still be ridin Mercedes
Chromin shinin sippin daily, no rest until whitey pay me
Uhhh, now what y'all know bout them Texas boys
Comin down in candied toys, smokin weed and talkin noise
[Chorus Two]
[Jay-Z]
On a canopy my stamina be enough for Pamela Anderson Lee
MTV jam of the week
Made my money quick then back to the streets but
Still sittin on blades, sippin that ray
Standin on the corner of my block hustlin
Still gettin that cane
half what I paid slippin right through customs
It'll sell by night its extra white
I got so many grams if the man find out
it will land me in jail for life
But im still big pimpin spendin chesse
with B.U.N. B, Pimp C, and Timothy
We got bitches in the back of the truck, laughin it up
Jigga Man that's what's up
How to Make Italics, Bold, Delete, Big, and Center
by Sue Basko, Esq.
Are you jealous of people who can make their online comments, Craigslist ads, band descriptions, and other things just a bit snazzier because they know HTML? HTML is hypertext mark-up language. It is coding you can use in spaces that allow it. It's easy! Here are a few easy HTML codes to get you started.
Here's how to do it:
This is called an angle bracket.
HTML code goes inside the angle brackets.
Let's say you want to make some words bold. is the code for bold.
You turn the bold code on with
and turn the bold code off with
Everything that is between the on and the off will be bold.
Example:
I want to order a mushroom only pizza.
Let's add some HTML for bold:
This is how it will look:
I want to order a mushroom only pizza.
HERE'S SOME MORE SIMPLE HTML CODES:
CENTER:
Example:
How it looks:
The Title of My Paper
ITALIC:
Example:
How it looks:
She was so dreadfully boring.
BIG:
Example:
How it looks:
The sale is for a Limited Time Only!
DELETED:
Note: In comments, this is used mostly for jokes or sarcasm.
Example:
How it looks:
The Antiques Shoppe was filled with junk treasures.
HOW TO MAKE A LINK: Susan's Twitter The link is live. It goes to my Twitter. Click on it and see. Here is how to make such a a link:
This will get you started on HTML. Practice makes perfect! There are many more HTML codes. Have fun learning them!
