Richard Cheese will be performing live on the radio this afternoon on Phoenix’s KEDJ, 103.9 FM, at around 4:45 p.m. Arizona time, during Tim Virgin’s show. You can also listen via the Internet via a link at the radio station’s website.
In a decision issued today, the judge in the case of Yoko Ono against Premise Media ruled against Ono’s motion for an injunction against the film, on the grounds that Premise Media and its attorneys at the Stanford Fair Use Project were likely to prevail on a fair use defense. So “Expelled” will be able to be released in Canada with its excerpting of “Imagine” intact. This is an outcome I suggested would occur, and hoped for, despite the dishonesty of the defendants in this case. It remains to be seen if Ono will continue with the lawsuit and potentially set a useful precedent for copyright law. (Via Pharyngula.)
The second ApostAZ podcast is now available for listening at ApostAZ.org. Topics include the Virgin Mary visible on a biker’s leg wound, Phoenix atheists meetup group organizer Shannon’s deconversion story, an “Arizona Atheist Action” segment on the current proposal to create another anti-same-sex marriage amendment to the state constitution, and more. Correction, guys–our sun is a Class G star, not a Class B star. (It doesn’t negate your point–Class G stars are more common than Class B stars.)
The Filter, officially debuting tomorrow but already available today, is a website that asks for some basic information about your tastes in film and music, and then makes recommendations about other things you’d like–music, movies, web videos, and TV. It’s not clear from the CNN coverage how it compares to Amazon.com’s recommendation engine or to sites like Pandora, but it looks interesting.
Today’s Arizona Republic has an article about Richard Cheese, who will be appearing at the Celebrity Theater on June 7 with his Lounge Against the Machine band. The article describes his roots in Arizona and the man behind the leopard-print tuxedo–who shared a table with me (we didn’t have desks) in sixth grade. (Mark and I attended the same schools and were friends from third through eighth grade, then went different ways, though we have crossed paths from time to time since then, including when he got me a DJ job for ASU’s campus radio station, KASR-AM, when we were both undergrads there. Sadly, KASR’s call letters now belong to a sports radio station in Arkansas.) Einzige, Kat, and I will be at the show. Phoenix New Times had a similar, more detailed story about Richard Cheese the week of May 19, 2005, “Big Cheese” by Jimmy Magahern. Also watch for Richard Cheese and Lounge Against the Machine on TV3’s “Good Morning Arizona” program on Thursday, June 5, at around 8:30 a.m. ...
Some Arizona atheists are putting together a regular podcast called “ApostAZ,” including music from Greydon Square (who will be performing at The Amazing Meeting next month in Las Vegas). Subscribe to the RSS feed here. The first episode discusses a woman who killed her six-year-old daughter thinking she was killing a demon, upcoming Atheist Meetup events (Arizona Fetish Prom, ballroom dancing–which turned out to be swing dancing and was a fun event Kat, Einzige, and I attended, and a musical performance to benefit Ayaan Hirsi Ali), a baby-tossing event that they take issue with but seems unobjectionable to me, and more. ApostAZ has a website here.
This is pretty good…
The copyright infringment continues–it seems that “Expelled” makes use of about 25 seconds of John Lennon’s song “Imagine,” but permission was neither sought nor granted for its use: In a written statement, the film’s three producers – Walt Ruloff, John Sullivan and Logan Craft – acknowledged that they did not seek permission, but they called the use “momentary.” “After seeking the opinion of legal counsel it was seen as a First Amendment issue and protected under the fair use doctrine of free speech,” the statement said. A spokeswoman said under 25 seconds of the song are used in the movie.Now this is actually an instance where I agree with “Expelled”’s producers–this should fall within fair use guidelines. The courts, however, have already ruled otherwise. (UPDATE: Not quite accurate, see correction below.) In 2005, the 6th Circuit Court of Appeals ruled in Bridgeport Music, Inc. v. Dimension Films that even a 1.5-second sample requires a license. I’d be happy to see a lawsuit on this issue result in that ruling being overturned. I’ve previously written about the danger of such erosion of fair use to the creation of new music in one of this blog’s more popular posts. The link at the end of that post about “Amen Brother” is well worth your time. (Also related is this film in which fair-use samples from Disney films are used to make Disney characters explain current U.S. copyright law.) UPDATE (April 18, 2008): Russell Blackford argues that “Expelled”’s use of “Imagine” is to make comment on the content of the song, and makes a moral case for the legitimacy of its use. I agree with his argument–the use of a sample of the song to make comment on it enhances the case for “fair use,” but I think it should have met fair use guidelines even without that. UPDATE (April 23, 2008): As commenter lquilter points out below, the Bridgeport case did not say quite what I said above–it doesn’t eliminate fair use as a defense to a use of small samples, it eliminates the argument that sampling is using so little of the original material that no copyright applies. The result is that a lengthier court proceeding is required to fight for such use. “Expelled”’s makers are now being sued over the use of “Imagine." I don’t feel bad for them, but I think they should win their case. This probably guarantees that the film will not make a profit from its theatrical run, after deducting legal expenses. UPDATE (May 1, 2008): The Stanford Law School’s Fair Use Project has signed on to defend “Expelled” against the Ono Lennon lawsuit. Good for them, I hope they win this one. It shouldn’t be difficult. UPDATE (May 2, 2008): P.Z. Myers points out distortions in “Expelled”’s press release about the their defense in the “Imagine” lawsuit. Even in the rare case when I agree with them (their fair use defense here), they still have to throw in a distortion or two to show that they are sleazy, I guess. (I disagree with Myers’ assertion that there is no commentary on the song; see Russell Blackford’s analysis, linked to above.) Perhaps the strongest argument against “Expelled” in this case is that they sought licenses for other songs they used, but did not even attempt to get permission for “Imagine,” as pointed out by Laura Quilter (who has also commented here). UPDATE (May 5, 2008): The judge in the case has enjoined “Expelled” from any further distribution or DVD release, though they can continue showing the film in the theaters where it’s already playing (currently down to 655 theaters). UPDATE (May 9, 2008): And now down to 402 theaters. UPDATE (June 2, 2008): The judge has ruled against Yoko Ono’s motion for a permanent injunction against “Expelled” on the grounds that the defendants are likely to prevail. ...
Richard Cheese and Lounge Against the Machine will be performing at the Celebrity Theatre on June 7, for his first headlining show in Arizona. Tickets go on sale on March 15, 18 & over only, $100 for front row, $60 for VIP rows 2-7, and $35 for remaining rows. Those in the front and VIP rows get an after-show “meet and greet” with Richard Cheese for photos and autographs at the Celebrity Club. More details at www.richardcheese.com.
rx, who put out some MP3s a couple of years ago that edited samples from George Bush speeches to make him sing songs like U2’s “Sunday Bloody Sunday” and John Lennon’s “Imagine” mixed with Lou Reed’s “Walk on the Wild Side,” has made videos of several of these and some new songs: REM’s “It’s the End of the World As We Know It” (Bush): U2’s “Sunday Bloody Sunday” (Bush): The Clash’s “Should I Stay or Should I Go” (Tony Blair): John Lennon’s “Imagine”/Lou Reed’s “Walk on the Wild Side” (Bush): ...