Berlin V. E.C. Publications, Inc.
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Berlin V. E.C. Publications, Inc.
''Berlin v. E.C. Publications, Inc.'', 329 F.2d 541 (2d Cir. 1964), was an important United States copyright law case decided by the United States Court of Appeals for the Second Circuit in 1964 involving the right to parody a well-known melody. '' Mad'' magazine had published a special edition in 1961 titled ''More Trash from Mad'' No. 4, which featured a songbook containing 57 parody lyrics to existing popular songs, such as Irving Berlin's "A Pretty Girl is Like a Melody" (''Mad''s version was the hypochondriac "Louella Schwartz Describes Her Malady"). In each case, readers were advised that the magazine's lyrics could be sung "to the tune of" the original compositions' titles. Following the magazine's publication, several music corporations sued E.C. Publications, Inc. (the publisher of ''Mad'' magazine) over 25 of the 57 parodies. The suit asked for one dollar per song for each issue of ''More Trash from Mad'' No. 4 that had been published, totaling $25 million in alleged ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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Lorenz Hart
Lorenz Milton Hart (May 2, 1895 – November 22, 1943) was an American lyricist and half of the Broadway songwriting team Rodgers and Hart. Some of his more famous lyrics include " Blue Moon", " The Lady Is a Tramp", "Manhattan", "Bewitched, Bothered and Bewildered", and "My Funny Valentine". Life and career Hart was born in Harlem, New York City, the elder of two sons, to Jewish immigrant parents, Max M. and Frieda (Isenberg) Hart, of German background. Through his mother, he was a great-grandnephew of the German poet Heinrich Heine. His father, a business promoter, sent Hart and his brother to private schools. (His brother, Teddy Hart, also went into theatre and became a musical comedy star. Teddy Hart's wife, Dorothy Hart, wrote a biography of Lorenz Hart.) Hart received his early education from Columbia Grammar School and entered Columbia College in 1913, before switching to Columbia University School of Journalism, where he attended for two years.
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Blue Skies (1926 Song)
"Blue Skies" is a popular song, written by Irving Berlin in 1926. "Blue Skies" is one of many popular songs whose lyrics use a " bluebird of happiness" as a symbol of cheer: "Bluebirds singing a song/Nothing but bluebirds all day long." The sunny optimism of the lyrics are undercut by the minor key giving the words an ironic feeling. History The song was composed in 1926 as a last-minute addition to the Rodgers and Hart musical ''Betsy''. Although the show ran for only 39 performances, "Blue Skies" was an instant success, with audiences on opening night demanding 24 encores of the piece from star Belle Baker. During the final repetition, Ms. Baker forgot her lyrics, prompting Berlin to sing them from his seat in the front row.Laurence Bergreen, ''As Thousands Cheer: The Life of Irving Berlin'', 1996, p. 277. In 1927, the music was published and Ben Selvin's recorded version (as The Knickerbockers with vocals by Charles Kaley) was a hit. That same year, it became one of the fir ...
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Easter Parade (song)
"Easter Parade" is a popular song, written by Irving Berlin and published in 1933. Berlin originally wrote the melody in 1917, under the title "Smile and Show Your Dimple", as a "cheer up" song for a girl whose man has gone off to fight in World War I. A recording of "Smile and Show Your Dimple" by Sam Ash enjoyed modest success in 1918. Berlin resurrected the tune, with modifications, and gave it the now-familiar Easter lyrics for the 1933 Broadway musical revue ''As Thousands Cheer'' in which musical numbers were strung together on the thematic thread of newspaper headlines; it was first sung by Marilyn Miller and Clifton Webb. Like many of Berlin's songs, it later appeared in films. It was performed by Don Ameche in ''Alexander's Ragtime Band'' (1938) which was loosely based on Irving Berlin's life. In 1942, it was featured in the movie "Holiday Inn", starring Fred Astaire and Bing Crosby. In 1948, it was performed by Judy Garland and Fred Astaire in the musical film '' Easter P ...
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Payola
Payola, in the music industry, is the illegal practice of paying a commercial radio station to play a song without the station disclosing the payment. Under US law, a radio station must disclose songs they were paid to play on the air as sponsored airtime. The number of times the songs are played can influence the perceived popularity of a song, and payola may be used to influence these meters. The Federal Communications Commission (FCC) treats payola as a violation of the Sponsorship Identification Rules, which requires any broadcast of paid material to include a disclosure. The term ''payola'' is a combination of "pay" and "ola", which is a suffix of product names common in the early 20th century, such as Pianola, Victrola, Amberola, Crayola, Rock-Ola, Shinola, or brands such as the radio equipment manufacturer Motorola. History Prior to the 1930s, there was little public scrutiny of the reasoning behind a song's popularity. The advertising agencies which sponsored NBC ...
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You're Just In Love
"You're Just in Love" is a popular song by Irving Berlin. It was published in 1950 and was first performed by Ethel Merman and Russell Nype in ''Call Me Madam'', a musical comedy that made its debut at the Imperial Theatre in New York City on October 12 that year. The show ran for 644 performances. Ethel Merman also later starred in the 1953 film version. Theatre lore has it that Berlin wrote the song one night after ''Call Me Madam'' was not doing well in tryouts. The second act of the show was lacking. "What I'd like to do is a song with the kid (Russell Nype)," Merman said. So, Berlin went to his room and later produced the counterpoint song. When Berlin played the song for Merman, she said, "We'll never get off the stage." Reportedly, Berlin played the song for Russell Nype first, but admonished him not to admit he did so because it would infuriate Merman. Several recorded versions made the charts in 1950-51: Perry Como and The Fontane Sisters with Mitchell Ayres' and His Or ...
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Frank Jacobs
Franklin Jacobs (May 30, 1929 – April 5, 2021) was an American author of satires, known primarily for his work in '' Mad'', to which he contributed from 1957 to 2014. Jacobs wrote a wide variety of lampoons and spoof, but was best known as a versifier who contributed parodies of famous song lyrics and poems.Bill Finger Award
In 2009, Jacobs described himself as "the least-known writer of hysterical light verse in the United States." In 2021, musical parodist told the '''', “I absolutely de ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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USC Gould School Of Law
The USC Gould School of Law, located in Los Angeles, California, is the law school of the University of Southern California. The oldest law school in the Southwestern United States, USC Law traces its beginnings to 1896 and became affiliated with USC in 1900. It was named in honor of Judge James Gould in the mid-1960s. History On March 12, 1890, the ''Los Angeles Times'' declared in an editorial: "It is time that a law school should be established in Los Angeles." During the 1890s, there were several false starts at founding the first law school in Southern California. At its founding in 1891, Throop University (better known today as the California Institute of Technology) announced its intent to include a college of law among its various planned components, but never actually started one. The Southern California College of Law was founded in 1892 and operated until 1894. In the absence of a formal law school, young men interested in careers in law (female lawyers were extreme ...
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The Girl That I Marry
"The Girl That I Marry" is a song from the 1946 musical '' Annie Get Your Gun'', written by Irving Berlin. It was originally performed by Ray Middleton on stage and on record. Hit versions in 1946 were by Frank Sinatra and by Eddy Howard (Majestic label). Eddy Howard recorded a second rendition in the early 1950s on the Mercury label. Later renditions include: *Per Grundén with orchestra Conductor: Hans Schreiber. Swedish lyrics written by Stig Bergendorff and Gösta Bernhard entitled "Den flickan skall bära mitt efternamn". Recorded in Stockholm on August 19, 1949, and released on the 78 rpm record His Master's Voice X 7540 * Howard Keel in the 1950 MGM film of '' Annie Get Your Gun'', also released on record. * John Raitt in a 1957 TV production with Mary Martin, recorded on Capitol Records. * Bruce Yarnell in the 1966 production at Lincoln Centre, with Ethel Merman, recorded on RCA Records. * Robert Goulet in the album '' Annie Get Your Gun'' (1963) * Tom Wopat ...
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The Last Time I Saw Paris (song)
"The Last Time I Saw Paris" is a song composed by Jerome Kern, with lyrics by Oscar Hammerstein II, published in 1940. It was sung in the 1941 film '' Lady Be Good'' by Ann Sothern. By December 1940, six versions of the song were on the charts, with Kate Smith having exclusive radio rights for the song for six weeks. The song catered to a wartime nostalgia for songs about European cities following the Second World War Battle of France (which brought Paris under Nazi control), with "A Nightingale Sang in Berkeley Square" also proving popular. The song had not been written for the film, and Hammerstein said the song was "not written to order". It still won the Academy Award for Best Original Song in 1941. This was Kern's second Academy Award for Best Original Song (following his success with "The Way You Look Tonight" in 1936), and Hammerstein's first. Kern was so upset at winning with a song that had not been specifically written for a motion picture, and that had been published and ...
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Always (1925 Song)
"Always" is a popular song written by Irving Berlin in 1925, as a wedding gift for his wife Ellin Mackay, whom he married in 1926, and to whom he presented the substantial royalties. Although legend (and Groucho Marx) claims Berlin wrote the song "Always" for ''The Cocoanuts'', he never meant for the song to be included in that musical, and it was not. Thematically, it serves as a sequel to Berlin's earlier song "When I Lost You," which pertained to the death of his first wife Dorothy. The song entered into the public domain on January 1, 2021. The song is an important plot element in Noël Coward's play '' Blithe Spirit''. It also features in the 1944 film ''Christmas Holiday'', in which it is sung by Deanna Durbin Edna Mae Durbin (December 4, 1921 – April 17, 2013), known professionally as Deanna Durbin, was a Canadian-born actress and singer, who moved to the USA with her family in infancy. She appeared in musical films in the 1930s and 1940s. With t .... Lyrics ...
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