Classic Music & Movie Reviews/MultiCultural Blogger
What I’m Listening to?
The group called "The Fifth Dimension" had a harmonic sound equivalent to "The Mama's and The Papa's." The only real difference between them was that "The Fifth Dimension" had more soul in their music (in my opinion). One reason I loved The Fifth Dimensions, was the fact that they sang a range of different types of music; including jazz. The lead singer was Marilyn McCoo. She had one of those distinct voices; when she sang, you knew immediately who it was. To my understanding, McCoo left the group in the mid 1970s. Interesting that all of my favorite hits seem to all have Marilyn McCoo in them. My number one favorite is "Aquarius (1969)," "Up Up and Away (1967)," "Wedding Bell Blues (1969)," "(Last Night) I Didn't Get To Sleep At All (1972)," and "Go Where You Wanna Go (1969)".

The group called "The Fifth Dimension" had a harmonic sound equivalent to "The Mama's and The Papa's." The only real difference between them was that "The Fifth Dimension" had more soul in their music (in my opinion). One reason I loved The Fifth Dimensions, was the fact that they sang a range of different types of music; including jazz. The lead singer was Marilyn McCoo. She had one of those distinct voices; when she sang, you knew immediately who it was. To my understanding, McCoo left the group in the mid 1970s. Interesting that all of my favorite hits seem to all have Marilyn McCoo in them. My favorite number one hits are the following: "Aquarius (1969)," "Up Up and Away (1967)," "Wedding Bell Blues (1969)," "(Last Night) I Didn't Get To Sleep At All (1972)," and "Go Where You Wanna Go (1969)".

Though Joe Simon had quite a few hits in the 70's, I only liked very few of them. His rhythm is the same for almost all his music it seemed.  I used to confuse him a lot with Percy Sledge, because both of their voices sounded so much a like. The only difference between them I think is, when Percy tries to hit those high notes, he sounds like he is singing from the back of his neck (I hated that). However, Joe Simon actually sings, and he doesn't necessarily try to over do it for his audience; and that is the kind of performance I can appreciate. My favorite songs are "Chok'n Kind (1969)," and the theme song for the movie "Cleopatra Jones (1973)." I really love Cleopatra Jones I guess it's because it came from the blaxploitation era. There also was a song called "Music In My Bones (1975)."

Though Joe Simon had quite a few hits in the 70's, I only liked very few of them. His rhythm is the same for almost all his music it seemed. I used to confuse him a lot with Percy Sledge, because both of their voices sounded so much a like. The only difference between them I think is, when Percy tries to hit those high notes, he sounds like he is singing from the back of his neck (I hated that). However, Joe Simon actually sings, and he doesn't necessarily try to over do it for his audience; and that is the kind of performance I can appreciate. My favorite songs are "Chok'n Kind (1969)," and the theme song for the movie "Cleopatra Jones (1973)." I really love Cleopatra Jones I guess it's because it came from the blaxploitation era. There also was a song called "Music In My Bones (1975)." © 2014 / Yogi

I loved Harold Melvin & The Blue Notes. Actually, I should say, I loved Teddy Pendergrass in HM & TBN. Having said that, I realized two things I took issue with concerning this group. First, whilst the group was officially called "Harold Melvin & The Blue Notes", Teddy Pendergrass has always been the lead singer for 90% of all their hit songs.  Second, They never really acknowledged him in any of their albums (that I'm aware of); they didn't at least print the words "featured Teddy P" on any of the albums I own. I guess that's one of the reasons Teddy went solo. Not that the entire group wasn't talented, but, let's be serious here, after Teddy left the group, it was curtains for the group entirely. I shouldn't be surprised. The Commodores career died the same way after Lionel Ritchie left the group. Thank goodness they have all those royalties to  fall back on. My most favorite, and probably the their biggest hit is called "Bad Luck (1975)" and "If You Don't Know Me By Now (1972)" and "The Love I Lost (1973).

I loved Harold Melvin & The Blue Notes. Actually, I should say, I loved Teddy Pendergrass in HM & TBN. Having said that, I realized two things I took issue with concerning this group. First, whilst the group was officially called "Harold Melvin & The Blue Notes", Teddy Pendergrass has always been the lead singer for 90% of all their hit songs. Second, They never really acknowledged him in any of their albums (that I'm aware of); they didn't at least print the words "featured Teddy P" on any of the original albums I own (not including the best of). I guess that's one of the reasons Teddy went solo. Not that the entire group wasn't talented, but, let's be serious here, after Teddy left the group, it was curtains for the group entirely. I shouldn't be surprised. The Commodores career died the same way after Lionel Ritchie left the group. Thank goodness they have all those royalties to fall back on. My most favorite, and probably the their biggest hit is called "Bad Luck (1975)" and "If You Don't Know Me By Now (1972)" and "The Love I Lost (1973)". © 2014

To be honest, I've never really been a Nat King Cole fan, his music just wasn't my cup of tea. His style of singing was more like a Black version of Lawrence Welk. Although I was listening to one song today I forgot he sang, and it appears to be the only song from him I really like, and it's called Unforgettable (1954). This song "unforgettable is clearly nostalgic, and each time I hear it I go through childhood flash backs when my grandpa used to listen to it. The only other music I used to like from him was his xmas music. Come to think about it, that may have been the problem as to why I didn't like his music; I've always associated his voice with xmas. He could have sang a song about a bicycle  and it would still sound like xmas.

To be honest, I've never really been a Nat King Cole fan, his music just wasn't my cup of tea. His style of singing was more like a Black version of Lawrence Welk. Although I was listening to one song today I forgot he sang, and it appears to be the only song from him I really like, and it's called "Unforgettable (1954)". This song "unforgettable" is clearly nostalgic, and each time I hear the song it invokes childhood flash backs when my grandpa used to listen to it. The only other music I used to like from him was his xmas music. Come to think about it, that may have been the problem as to why I didn't like his music; I've always associated his voice with xmas. He could have sang a song about a bicycle and it would still sound like xmas. ©2014/VintageNewscast

I absolutely love James Taylor's music. His music is the kind of music you would listen to, to relax your mind from a ruff day. I consider his genre of music "easy listening/modern folk". The mood of his music and tempo is similar to Jim Croce.  James Taylor is another artist that looks nothing like himself as he got older. However, he still has that same smooth soothing voice. James has been around musically for a very long time, and continues to have a long successful  career. If you're not a member of Rhapsody or Spotify, your better off finding one of his greatest albums. My favorite hits are "Carolina In My Mind (1968)", "Fire And Rain (1970)", "You've Got A Friend (1971)" (I also like Carole Kings Version too), "Handyman (1977)", "Shower The People (1976)", and "How Sweet It Is To Be Loved By You (1975)"

I absolutely love James Taylor's music. His music is the kind of music you would listen to, to relax your mind from a ruff day. I consider his genre of music "easy listening/modern folk". The mood of his music and tempo is similar to Jim Croce. James Taylor is another artist that looks nothing like himself as he got older. However, he still has that same smooth soothing voice. James has been around musically for a very long time, and continues to have a long successful career.
If you're not a member of Rhapsody or Spotify, your better off finding one of his greatest hits albums.Please note, if you're not in to folk music, chances are you will not like James Taylor's music. My favorite hits are "Fire And Rain (1970)", "You've Got A Friend (1971)" (I also like Carole Kings Version too), "Handyman (1977)", "Shower The People (1976)", and "How Sweet It Is To Be Loved By You (1975)"

I could be wrong about this but, I'm going to be bold enough and say, anybody younger than 20 years of age probably never heard of the Osmonds. According to Wikipedia, the Osmonds started performing around 1958, and still continues to perform today. To be honest, I only like 3 songs out of their entire career, but I think these songs are great enough to mention on my blog. When they started performing, they started off with "Lawrence Welk" type of music (which I find very BORING unfortunately), but when Donny Osmond was added to the group, they obviously became the "Jackson 5 sound-a-likes". When they released a song called "One Bad Apple (1971)", every single person (even till today) mistaken them for The Jackson 5. Later on, I guys as Donny grow older and passed puberty, he no longer had that same "Jackson 5 magic", then the next thing we new, the Osmonds were singing country (and pretty much been their type of music ever since). I remember as a young kid, I used to watch their TV show called "Donny & Marie" in the late 70's. Unfortunately, thi show was boring as all hell. This show was so boring, I would not even tell you to rented on Netflix, it's that boring. I've noticed that Marie is like a male version of Dick Clark, this bitch will not grow old for nothing LOL! She still looks fabulous after all these years, and I don't remember reading about any plastic surgeries either click here. Well, after they gone country, there were only two other songs I liked from them, and they were "I'm leaving It Up To You", and "Love Me For A Reason".

I could be wrong about this but, I'm going to be bold enough and say, anybody younger than 20 years of age probably never heard of the Osmonds. According to Wikipedia, the Osmonds started performing around 1958, and still continues to perform today. To be honest, I only like 3 songs out of their entire career, but I think these songs are great enough to mention on my blog. When they started performing, they started off with "Lawrence Welk" type of music (which I find very BORING unfortunately), but when Donny Osmond was added to the group, they obviously became the "Jackson 5 sound-a-likes". Yet when we watched them perform on TV they looked more like the first Menudo. When they released a song called "One Bad Apple (1971)", every single person (even till today) mistaken them for The Jackson 5. Later on, I guys as Donny grow older and passed puberty, he no longer had that same "Jackson 5 magic", then the next thing we knew, the Osmonds transitioned to singing country (and pretty much stayed with that genre of music ever since). I remember as a young kid, I used to watch their TV show called "Donny & Marie" in the late 70's. Unfortunately, this show was boring as all hell. This show was so boring, I would not even tell you to rented on Netflix, it's that boring. I've noticed that Marie is like a male version of Dick Clark, this bitch will not grow old for nothing LOL! She still looks absolutely fabulous after all these years (better than all her brothers), and I don't remember reading about any plastic surgeries either click here, in fact she almost looks like Valerie Bertinelli (from One Day At A Time). Well, after they gone country, there were only two other songs I liked from them, and they were "I'm leaving It Up To You", and "Love Me For A Reason". Update: I couldn't find any official news on Youtube so far about any work done to her face, but I read a few articles on the net about face lifts. I'm skeptical because a lot of them came from gossip sites and "plastic surgery sites" which are notorious for making celebrities appear to endorse something. The other thing is, she had a tremendous weight loss, which can alter facial features significantly, as well as make you look younger. I did see a video that stated she had an obsession with trying to look younger, so I guess it is likely she had something done. If she did have something done, thank goodness she didn't go overboard. there are some celebs that have faces that look like plastic now. ©2014

Yes guys! Believe it or not, I like Paul Anka's music too! Like I've said I'm musically diverse. I bet my younger blog fans probably have never heard of Paul Anka (unless you've heard your grand parents play his songs). Mr. Anka was one of those teen heartthrobs that girls used to scream their heads off for. Personally, I didn't think he was all that handsome, but I did and still do like some of his music. If you see the way he looks now you would never think he was the same person. Growing up, I remembered my grandfather  jamming to a long called "Diana". This was a very catchy and infectious tone back then; and even as a small child, I remember singing this all over the place. There were two more favorites of mine, the first is called "Put Your Head On My Shoulders", which was a huge hit in 1968. The other song is "Puppy love". © 2014

Yes guys! Believe it or not, I like Paul Anka's music too! Like I've said before I'm musically diverse. But how many of my younger blog fans actually heard of Paul Anka (unless you've heard your grand parents play his songs maybe)? Mr. Anka was one of those teen heartthrobs that girls used to scream their heads off for. Personally, I didn't think he was all that handsome, but I did and still do like some of his music. If you see the way Mr. Anka looks now you would never think he was the same person. Growing up, I remembered my grandfather jamming to one of his songs called "Diana". Here is the first original version, however, I like his remake better when he was older. This was a very catchy and infectious tone back then; and even as a small child, I remember singing this all over the place. There were three more favorites of mine, the first is called "Put Your Head On My Shoulders", which was a huge hit in 1968. Also song "Puppy love" and "Lonely Boy". I liked only boy, because it was one of the few sad songs you heard that had an up beat tempo. © 2014

I really love the temp of many of Gregory Isaacs's music. R.I.P. Although his sometimes nasally voice in some of his music gets a little annoying at times. However, one of his biggest hits called "Night Nurse (1982) was the exception to the rule. I love this song so much. I also think he did a remake with Lady Saw. I don't like Lady Saw's music at all, but I loved the collaboration with this particular song. Gregory has been around musically for a long time, and has had a long healthy music career before his passing a few years back. Some of these hits were "No Speech (1991)", "Each Day (2001)", and "Willow Tree (1995)" just to name a few. Just to give you a fair warning, a lot of his very early 70's reggae albums tend to sound a lot a like. However, I think my older Caribbean blog members can appreciate his music.

I really love the temp of many of Gregory Isaacs's music. R.I.P. Although his sometimes nasally voice in some of his music gets a little annoying at times. However, one of his biggest hits called "Night Nurse (1982)" was the exception to the rule. I love this song so much. I also think he did a remake with Lady Saw. I don't like Lady Saw's music at all, but I loved the collaboration with this particular song. Gregory has been around musically for a long time, and has had a long healthy music career before his passing a few years back. Some of these hits were "No Speech (1991)", "Each Day (2001)", and "Willow Tree (1995)" just to name a few. The "Willow Tree" has been remade by so many reggae artists, but I think the original singer was Elton Ellis. Just to give you a fair warning, a lot of his very early 70's reggae albums tend to sound a lot a like. However, I think my older Caribbean blog members can appreciate his music.

Rap is one type of music I rarely listen to know-a-days, because the quality of rap has really tanked over the last 20+ or so years. We've gone from "saying no to drugs" to glorifying anything that degrades women, and total disregard for respect, and a host of other things. I will say this, I will not get in to a long winded speech as to whether or not rap is an art form or not. I think this is a separate issue in terms of the quality of rap being played to day, and the o' so willing record companies willing to promote negative rap. I digress. Now, don't get wrong, rap was always about the rappers telling their story about the streets, however, it was very different in the 80's. In terms of rap, I don't really listen to anything else past bubble gum 80's, and maybe a few 90's stuff. Lately, I have been grooving to a old 2 man group called EPMD. One of the two named Erik Sermon wasn't particularly handsome, but he had beautiful eyes. It kinda kept me watching their videos, because his facial features were so unique. I kinda forget just how long they've been around. The first rap they did that drove me crazy was a song called "It's My Thing (1988)". This song had a sick beat, and most importantly, I understood what he was saying! It had a funk/James Brown kinda beat that I absolutely loved. Other favorites are "You Gots To Chill (1988)", "The Big Payback (1991)" and Your A Customer (1991)"

Rap is one type of music I rarely listen to now-a-days, because the quality of rap has really tanked over the last 20+ or so years. We've gone from "saying no to drugs" to glorifying anything that degrades women, and total disregard for respect, and a host of other things. I will say this, I will not get in to a long winded speech as to whether or not rap is an art form or not. I think this is a separate issue in terms of the quality of rap being played to day, and the o' so willing record companies willing to promote negative rap. I digress. Now, don't get wrong, rap was always about the rappers telling their story about the streets, however, it was very different in the 80's. In terms of rap, I don't really listen to anything else past bubble gum 80's, and maybe a few 90's stuff. Lately, I have been grooving to a old 2 man group called EPMD. One of the two named Erik Sermon wasn't particularly handsome, but he had beautiful eyes. It kinda kept me watching their videos, because his facial features were so unique. I used to mistaken Parrish Smith for Coolio a lot. I kinda forget just how long they've been around. The first rap they did that drove me crazy was a song called "It's My Thing (1988)". This song had a sick beat, and most importantly, I understood what he was saying! Other favorites are "You Gots To Chill (1988)", "The Big Payback (1991)" this song had a funk/James Brown kinda beat which I loved, and everyone could dance to this rap too, and "Your A Customer (1991)".

EFF Prepared Testimony at Copyright Office section 1201 rule-making hearings presented by EFF Staff Attorney, Gwen Hinze

 

May 15, Panel 2 EFF 4th Proposed Exemption – Public domain motion pictures released on CSS-protected DVDs

EFF has sought a narrow exemption for audiovisual works and movies that are in the public domain in the United States, and that are released solely on DVD format, where access to the content is prevented by Contents Scramble System, and possibly other technological protection measures.

First, I’d like to address the applicability of section 1201 to these works. EFF believes that section 1201(a)(1) does not apply to public domain works because they are not works protected under title 17. However, there is legal uncertainty about this, particularly as to the application of section 1201 to compilation DVDs containing public domain works bundled with copyrighted works. Therefore, to the extent that the Copyright Registerand the Librarian of Congress consider public domain works released on CSS-protected DVDs to be within section 1201′s scope, we have requested an exemption for this class of works.

The creation of a healthy and rich public domain for the benefit of all society, is one of the core principles underlying copyright law, as recognized by the Supreme Court in Twentieth Century Music Corporation v. Aiken, The public domain is an important source of ideas, information and cultural exchange.

With the transition to DVDs and away from VHS tapes as the predominant medium for releasing and viewing movies in the United States, public domain movies are now beginning to be released only on DVD format. As public domain works, this material is not subject to copyright law and consumers’ use is, by definition, non-infringing. However, consumers’ use of these works is inhibited where the public domain material is released on a DVD with CSS protection. An exemption is therefore required to allow consumers to exercise their full range of rights in this class of public domain material and preserve the constitutionally-mandated copyright balance.

Opponents of this exemption have made three main arguments:

First, they have argued that EFF is mistaken in arguing that public domain works released on DVDs subject to CSS protection will become less available to the public. The joint commenters argue that copyright owners will have no incentive to re-release public domain material on DVD in the absence of a legal regime that prohibits circumvention of technological protection governing access to these works. In support of their argument, they quote from a section of the Register and Librarian’s 2000 final rule discussing the availability of copyrighted content for alternative minority operating systems such as Linux.

This argument is irrelevant to the question of whether copyright owners should be entitled to use technological measures and the legal norms of section 1201 to preclude access to public domain works. An important -indeed fundamental- distinction exists between the case in issue, and the quoted comments on playability on alternative playback systems. Copyright owners do not have copyright rights in public domain works. The joint comments’ claim to user facilitation proceeds on a mistaken reliance on copyrights that DVD publishers do not control.

If studios choose to release or re-release a public domain motion picture on a DVD, they may do so in order to obtain revenue from the sale of the physical DVD, but they do not thereby obtain copyright in the public domain motion picture. To argue that a major studio requires technological protection measures backed by legal norms to give them an incentive to release works in which they do not hold the copyright, is either factually false, or else amounts to an inappropriate attempt to assert private rights over a public asset.

It’s factually false, since motion picture studios are, and will continue to re-release these works in order to obtain revenue – even though it’s a public domain work and they don’t hold the copyright in it. Studios will continue to release public domain movies, in the same way that book publishers have successfully continued to publish the works of Shakespeare, even though they don’t hold the copyright in those works. Granting an exemption to permit circumvention by consumers who have already purchased a public domain DVD has no impact at all on a copyright owner’s profit from the DVD, and does not impact any copyright they own. The existence of legal sanctions for circumventing technological measures controlling access to works that they don’t own copyright in, cannot have any bearing on a studio’s decision to re-release a public domain movie on DVD.

The situation is no different where copyright owners have a thin copyright – for instance, where they choose to release a compilation DVD with a public domain work bundled with works in which they do hold the copyright. In either case, the copyright owner would obtain, at best, a thin copyright in the non- public domain elements, but does not thereby obtain copyright in an uncopyrightable public domain work. As recognized by numerous cases, including the Supreme Court’s decisions in Harper & Row v. Nation Enterprises and Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 345 (1991), and the Ninth Circuit’s decision in Sega v. Accolade, the public continues to retain the right to access the uncopyrightable parts of the compilation. An exemption is required to allow consumers to exercise their right of access and to prevent copyright owners from using technological protection measures as a bootstrap to extend their thin copyrights over public domain works.

Second, our opponents claim that this exemption confuses access and copy controls. This claim is based on two misunderstandings: first, about the merged nature of CSS as both an access and copy control, as recognized by Judge Kaplan in the Corley case and the Register and the Librarian of Congress in the 2000 Final Rule. Second, a misunderstanding about the applicability of section 1201 to a public domain work. Even if section 1201 applies to a DVD compilation which includes public domain and copyrighted parts, the requested exemption will permit circumvention only for the purpose of accessing and copying public domain works within the compilation. Since public domain works are not copyrighted or subject to copyright law, there is no prohibition in copyright law on copying a public domain work once access has been gained through a permitted circumvention of the CSS measure which controls access to that work.

Third, our opponents have argued that we have not met the burden of proof on proponents of establishing a substantial adverse impact on consumers.

I’d like to make two comments in response to this claim. First, as I noted in the previous panel, if interpreted as the joint commenters have suggested, the standard of proof would raises serious questions about the equity of this

by: Laihiu - Creative Commons

by: Laihiu – Creative Commons

rule-making process. It is simply not feasible for consumers to provide an authoritative listing of every public domain motion picture available only on DVD. As a result of considerable effort by EFF and a team of researchers, including reviewing and cross-checking several sources, several databases, and including a review of records held by the Library of Congress, EFF was able to identify and provide evidence that 9 public domain motion pictures are currently available as solo works only on DVD and not on VHS format. The joint commenters have not disputed this claim. They have instead argued that this is an insignificant number of titles and that there are alternative sources for these movies in existing VHS compilations, so an exemption shouldn’t be granted.

The fact that nine titles that have been released as individual works solely on DVD is evidence of current actual harm to the public interest. Whether or not some of them may exist in a compilation in an unprotected format does not detract from the fact that public domain works are now being re-released solely on CSS protected DVDs. Since these works are in the public domain, the public is harmed by the fact that consumers are currently precluded from accessing or using them by virtue of technological means. That harm occurs irrespective of whether there’s an alternative unprotected source. Public domain works are unique. They’re not fungible. Precluding the public’s access to one version of one of them harms the public interest and upsets the careful copyright balance. And this is true even if the work might exist in another format.

In the next three years this trend is only likely to increase, as DVDs overtake VHS as the most common format for home viewing, and as the existing stock of VHS tape deteriorates. My colleague, Ren Bucholz, is displaying a graph showing the comparative sales of DVDs versus VHS tapes over the last three years. DVD sales overtook VHS tape sales in 2002. The pie chart Ren is currently showing displays DVD rentals versus VHS rentals for the last three years. DVD rentals overtook VHS rentals in March of this year.

As DVD players continue to penetrate the market and DVDs replace VHS tapes over the next three years, public domain movies will increasingly be released or re-released only on CSS-protected DVD format. This is already occurring. Ren is currently showing a slide which quotes a Warner Home Video executive announced this year that Warner decided in January to phase our releases on VHS because, “for us, VHS is dead”.

Finally, I wish to emphasize that the exemption we have requested is narrow and does not permit widespread copyright violation. If a consumer went beyond the scope of the exemption, and sought to reproduce or otherwise infringe the copyrighted part of a DVD compilation, the copyright owner could bring an action for infringement, and would continue to have the full range of copyright infringement remedies currently available under Chapter 5 of Title 17.

Thank you

© 2009 EEF – Electronic Frontier Foundation

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