"You want it to be one way. But it's the other way."
Kevin Morrison, an old softball teammate of mine, just put together a four-minute montage of Martin Luther King Jr.’s 1967 “Beyond Vietnam” speech at the Riverside Church in New York. He juxtaposes images of Iraq over King’s words to devastating effect. Kevin also did a Q and A on the historical context of King’s speech, available at a blog called Pop + Politics.
Kurt Vonnegut, Novelist Who Caught the Imagination of His Age, Is Dead at 84
From “Slaughterhouse-Five“:
Over the years, people I’ve met have often asked me what I’m working on, and I’ve usually replied that the main thing was a book about Dresden.
I said that to Harrison Starr, the movie-maker, one time, and he raised his eyebrows and inquired, “Is it an anti-war book?”
“Yes,” I said. “I guess.”
“You know what I say to people when I hear they’re writing anti-war books?”
“No. What do you say, Harrison Starr?
“I say, ‘Why don’t you write an anti-glacier book instead.’ ”
What he meant, of course, was that there would always be wars, that they were as easy to stop as glaciers. I believe that, too.
And even if wars didn’t keep coming like glaciers, there would still be plain old death.
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I’m doing some reporting and research for a story on a website that ran afoul of a big copyright holder and federal copyright law. The crux of the tale is fair use: when is it legally defensible for an artist or commentator, say, to use the copyrighted work of another to create a new and distinct work. Specifically, the story I’m working on involves parody.
As it happens, the U.S. Supreme Court has spoken on this issue. To jog your (and my) memory, the case, Campbell v. Acuff-Rose Music, involved the rap group 2 Live Crew, which had borrowed elements of Roy Orbison’s “Pretty Woman” as part of a vulgar, mocking remake. The original song’s publisher sued, claiming copyright infringement. A federal district court bought the argument put forward by 2 Live Crew’s Luther R. Campbell (aka Luke Skyywalker), the remake’s author, that his work was a parody that deserved protection under the fair use exception to U.S. copyright law. An appeals court reversed the district court, and the case went to the Supremes.
Just for context, here’s a sample of the lyrics (quoting them here, as part of a commentary, is also an exercise of fair use, or so I’d argue if Campbell, aka Skyywalker, sued me; there’s a nice side-by-side comparison of the Orbison original and the Campbell parody here–unaccompanied by any copyright notices whatsoever):
Verse 1
[Pretty woman] Ha haaa, walkin’ down the street
[Pretty woman] Gir, girl, you look so sweet
[Pretty woman] You, you bring me down to the knees
[Pretty woman] You make me wanna beg please
[O-o-o-o-oh, pretty woman] …Verse 4
[Two-timin’ woman] Girl, you know you ain’t right
[Two-timin’ woman] You was out with my boy last night
[Two-timin’ woman] That takes a load off my mind
[Two-timin’ woman] Now I know the baby ain’t mine
[O-o-o-o-oh, two-timin’ woman]O-o-o-o-oh, pretty woman!
The court heard the case in November 1993 and delivered its opinion the following March. In a unanimous decision–that’s right: Antonin Scalia, Clarence Thomas, Ruth Ginsberg, David Souter, Anthony Kennedy, Wiilliam Rehnquist, Sandra Day O’Connor, John Paul Stevens, and Harry Blackmun, conservatives, liberals, middle-of-the-roaders all on the same side–the court found that 2 Live Crew’s work was protected under the fair use doctrine.
I was talking to my friend Pete about this yesterday, and I said that this is the kind of thing that makes me believe we live in a great country. This wasn’t a case of high art. In Souter’s opinion for the court, he drily notes that having found the Campbell’s song to qualify as a parody of the original, the justices will not take the further step of evaluating its quality.”
But it was a case of high principle, and as such, it was accorded the most serious consideration by the most august tribunal in the land.
“While we might not assign a high rank to the parodic element here, we think it fair to say that 2 Live Crew’s song reasonably could be perceived as commenting on the original or criticizing it, to some degree. 2 Live Crew juxtaposes the romantic musings of a man whose fantasy comes true, with degrading taunts, a bawdy demand for sex, and a sigh of relief from paternal responsibility. The later words can be taken as a comment on the naivete of the original of an earlier day, as a rejection of its sentiment that ignores the ugliness of street life and the debasement that it signifies. It is this joinder of reference and ridicule that marks off the author’s choice of parody from the other types of comment and criticism that traditionally have had aclaim to fair use protection as transformative works.”
The rest of the opinion is an evaluation of 2 Live Crew’s work against the four factors that must be weighed in determining fair use: the purpose of the work, whether it is commercial or not-for-profit and whether it has “transformative” value in commenting on or criticizing the original; the nature of the original work and whether it deserves copyright protection; the “amount and substantiality” of any copying and whether it appropriates the heart of the original work; and the likelihood that the new work may kill the market for the original work or foreclose new ones.
It’s an absorbing exercise. Go and read it. It’s well worth the time. And I guarantee it’s the only Supreme Court decision in which you’ll find the words, “Big hairy woman/all that hair it ain’t legit/Cause you look like `Cousin It’.”
The president is getting lots of air time today for his visit to Walter Reed Army Medical Center; now that imperfections in the nation’s care for its wounded warriors have come to light, he vows, solemnly and sincerely, that the government will do better. And as long as someone’s keeping their eye on the problem–someone like the Washington Post, which brought the scandalously poor treatment to light–things will probably improve.
Meantime, he is escalating the war in Iraq, guaranteeing a steady flow of new clients for Walter Reed and the nation’s other military and veterans’ hospitals. The escalation also means that the services have to scrape together bodies to make sure that units headed for Iraq, or those held there on prolonged tours, are as close to full strength as possible. Where is the Pentagon finding the bodies? Here’s a story involving a friend of ours and her son.
The son was in the Marines, part of the first-wave invasion force sent into Iraq in March 2003. His unit’s combat assignment was over quickly, and he and his comrades were pressed into police duty in Baghdad and other locations in northern Iraq. Back then, when the mission was declared accomplished and administration’s victory lap was interrupted only by the need to mop up “non-compliant forces” and “destablizing influences” in the lexicon of the day, the son’s unit was quickly rotated back to the States, and he was discharged soon after.
I don’t know the letter of military regulations, but my understanding of the deal Marines have is that when they leave the corps, they don’t really leave the corps. For the first 48 months after discharge, they’re considered part of a ready reserve force and can be called back to service at any time. Only after that 48 months is up are you free and clear from an involuntary call-up; if you decide to join the reserves or go your own way at that point, that’s your business.
For our friend’s son, that four-year period for involuntary call-up will be over in a few months. He got married recently, and he’s going about his life pretty much the way any kid in his mid-20s would, with the significant exception that he’s been in combat and was assessed a disability rating of 40 percent because of post-traumatic stress syndrome when he left the corps. His mom, who’s not a Veteran’s Administration bureaucrat, a Navy medical officer, or a military lawyer, sort of figured that the 40 percent disability meant her son couldn’t or wouldn’t be called back despite the news that the armed services have begun to recall discharged members.
So she was puzzled the other day when her son asked her whether he had gotten anything from FedEx.
No, she told him—was he expecting a package?
No, he said–a letter from the Marines; they might be recalling him to service.
How could that be, she asked–you have a 40 percent disability.
The son told her that sure, that was right–but that a buddy of his, someone rated with a 60 percent disability (I don’t know the reason) had been summoned back to duty.
So this is the support the troops get from an administration whose leading members made damned sure they were never anywhere near the shooting when it was their turn: First, send the troops out on a tragically half-baked mission; second, when they start coming home with major physical and psychological trauma, make them fight an ill-prepared bureaucracy and medical system for care; third, when you find yourself in a pinch, call on the guys who have already given pieces of themselves and tell them they’ve got to go back in. Oh, and fourth, you question the patriotism and loyalty of anyone who questions your way of doing business.
All in all, it’s a heck of a recruiting campaign.
Seventy-six U.S. soldiers have died so far this month in Iraq, according to Iraq Coalition Casualties. That makes March the seventh consecutive month in which the toll of U.S. soldiers killed has reached 70 or above, the longest such period since President Bush launched the war in March 2003.
Five hundred ninety-nine U.S. soldiers have died since September 1, 2006; that’s the highest toll for any seven-month span in the entire war, exceeding the 584 U.S. lives lost from August 1, 2004, through February 28, 2005, a period that included both the costly offensive against Fallujah and an insurgent onslaught leading up to the Iraqi national elections on January 30, 2005.
Iraqi deaths in the same span: Conservatively, about 1,300 and counting for March. More than 13,000 since September 1.
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Salon’s weekly “Ask the Pilot” column recalls the days when lots of people actually looked forward to getting on an airliner (me–I still like flying, even though the whole experience around it has become creepy and unpleasant):
“… [T]ry to imagine the following: You wake up early for the 45-minute subway ride to Logan International Airport in Boston. The shuttle bus brings you to Terminal C, where you stand in line to be frisked and X-rayed before reaching an overcrowded departure lounge. Half an hour later your flight pushes back, languishes in a taxiway queue for several minutes, then finally takes off. So far this is nothing exceptional, but here’s the twist: The plane’s scheduled destination is, well, Boston. The jet never climbs to more than 10,000 feet. It makes a lazy circuit above the North Shore coastline, swings eastward toward Cape Cod, then circles west in the direction of Logan. Fifteen minutes later, the landing gear clunks into place, and just like that you’re back where you started. You disembark, with smiles and handshakes all around, head for the shuttle bus, and take the subway home again.”
The Infospigot traffic logs show an unusual number of people arriving here after Googling the question, “Which popular singer is the great-great grandson of Daylight Saving Time inventor William Willett?”
The answer, if you believe the Wikipedia entries on Willett and Daylight Savings Time is Chris Martin of Coldplay.
What I’m not clear on is where the question was asked that so many people are looking for the answer. Six o’clock Mass? [Later: I see that nearly all the Willett/Martin queries are coming from Canada, and more specifically, apparently from the Toronto area starting during the morning commute hour. So I’m guessing this is an early-morning trivia question posed on a radio show up there.]
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It’s everyone’s favorite fantasy creatures: Commie and Freedom, the dueling Cold War unicorns. The concept is sublime on many levels, not least of which is the fond and uncomplicated memories of that late era of imminent global annihilation. I’ll trade you a bin Laden and Bush for a Ford and Brezhnev. Please?
A friend (or friends) of Thom tracked down the unicorns for Thom’s birthday (available at Archie McPhee, among many other places online; they’re from McPhee’s parent, an outfit in Seattle called Accoutrements, “Outfitters of Popular Culture”; among the company’s other offerings is a Librarian Action Figure). Before we move on to the serious business of life, I commend your attention to the artwork on the box. The “Freedom” side is pretty straightforward, though it features a pretty gnarly Uncle Sam. It looks like whoever did this project spent more time working out the “Commie” iconography: I especially like the Lenin figure, which appears with a factory in the background and above a bunch of Bolshie soldiers (headed out to do battle with the Whites or to dispossess the bourgeoisie). The other figure–the long-coated commissar-type–is pretty cool, too; then at the top you’ve got an 1812-era cannon, the czarist double-headed eagle, and to the left of that some tiny cartoonish man. Odd. Fascinating.
I just heard a blurb on NPR on a recently unearthed home movie of the Kennedy motorcade through Dallas on November 22, 1963. The movie was turned over to the Sixth Floor Museum at Lee Harvey Oswald’s former workplace. After hearing the bit on the radio, I knew just what to do: check the museum’s website for the video. But the site was slammed with traffic. No problem: YouTube or Google Video (or both–are they the same now?) would surely have it. And they did–thirty-nine seconds’ worth, which might be all that the museum made public; or maybe that’s all that the amateur cameraman, George Jefferies, shot. (Jefferies, 82, a former insurance executive, says the home movies sat in a dresser drawer for more than four decades before he recently asked his son-in-law whether he’d like to see some footage of Kennedy’s visit to Dallas.)
Thirty-nine seconds. Not much. A crowd in the street. Limousines approaching and passing. A group of smiling passengers: the Kennedys, the Connollys. In less than two minutes, all that would change. But beyond the haunting irony in the pictures, I was surprised to see that Kennedy had drawn a big crowd and that the city had made a big deal out of the visit; in the clip, you see the flags and bunting and banners flying on lightpoles into the distance. I never realized that the city had enthusiastically welcomed Kennedy. Here’s John Connolly, quoted in the House Select Committee on Assassinations report:
“The further we got toward town, the denser became the crowds, and when we got down on Main Street, the crowds were extremely thick. They were pushed off of curbs; they were out in the street, and they were backed all the way up against the walls of the buildings. They were just as thick as they could be. I don’t know how many. But, there were at least a quarter of a million people on the parade route that day and everywhere the reception was good.”
Kennedy personally stopped the motorcade twice to speak to spectators. Imagine that happening now. The report went on to say: “Governor Connally noticed that Mrs. Kennedy, who had appeared apprehensive the previous day, was more relaxed and enjoyed the Dallas crowd. The only hostile act he remembered was a heckler with a placard that read ‘Kennedy Go Home. The President noticed the sign, and asked Governor and Mrs. Connally if they had seen it. Connally said, Yes, but we were hoping you didn’t.’ ”
By way of MK, an absorbing site from Northwestern University, Homicide in Chicago 1870-1930. It’s a database of 11,400 killings in the city during the six decades between the eve of the Chicago Fire and the beginning of the Great Depression. The information comes from a handwritten Chicago Police Department index. It’s a pretty staggering collection, and one that tends to at least soften the notion that we live in remarkably violent, crime-ridden times. I went into the site and looked up cases that took place on Racine Avenue, a major thoroughfare a block west of the street where my mom grew up. Some highlights:
June 17, 1920
Ryan, Paddy “THE BEAR” – Age 37 – Fatally shot in Racine Ave., 100 feet north of 14th St. by some unknown man who escaped. Motive jealousy. [The suspect’s identity was unknown but his motive was? Chicago Tribune stories from the time say this was a hit undertaken because Ryan, gang chief and ward heeler, was not “splitting square” the proceeds of a recent liquor heist. Suspects named in “Front Page” fashion included a diminutive pickpocket identified only as “The Rat” and Ryan lieutenant “Nuts” Nolan. The stories suggest that police detectives stood by and watched the Ryan shooting because he might have sung about cops on the take.]
June 4, 1923
Santorsala, Rose, alias “Blackhand Rose” – Age 37 – Shot to death in her home, 416 N. Racine Ave., by some unknown person or persons who escaped. [Love the handle “Blackhand Rose.” Wonder what her game was.]
July 23, 1925
Long, Arthur – Age 42 – Fatally assaulted with an iron bar (neck broken) at 5:45 A.M., at 7930 So. Racine Ave., the Cascade Laundry Co., where he was employed by four safe blowers who also bound and gagged two other employes, blew the safe and escaped. 10 Dist. Charles Pfarmenschmidt and Joseph Bushell are wanted. [This is four blocks from my grandparents’ home; they were married in 1925, I think, but I’m not sure they had moved in there yet.]
March 22, 1929
Kaplan, Howard – Age 19 – Accidentally shot to death at 11:30 PM, 3/22/29, at 3047 Racine Ave., during an initiation of members into the “Royal Order of Skulls” by Louis Dolinsky. On 3/23/29 Dolinsky, who was not booked, was exonerated by the Coroner.
March 21, 1930
Danaher, Dennis – Age 55 – Found shot to death at 10:45 AM, 3/21/30, in the bedroom of his home, 4th fl., 326 So. Racine Ave., the place in disorder. Deceased collected on his wife’s insurance policy a few weeks ago and it is believed his unknown assailant’s purpose was robbery. 26 Dist. The doors were locked but the bedroom window was wide open.
May 31, 1930
Chick, Rose – Age 29- Shot to death at 9:30 AM, 5/31/30, in a room at the Bel Ray Hotel, 3150 N. Racine Ave., by her husband, Noah S. Chick, from whom she had become estranged. They had registered at the hotel as Mr. and Mrs. John Swanson and met in an attempt to effect a reconciliation. Chick also attempted suicide but did not succeed.
August 5, 1930
Jelinek, Agnes – Age 6; Emil – Age 3 – Murdered in the kitchen of their home, 1848 So. Racine Ave., by their temporarily demented father, Frank Jelinek, who worried recently over financial losses. He cut the children’s throats, fractured his wife’s skull with a hammer, and then committed suicide by slashing his own throat. [Temporarily demented? I looked this case up in the Chicago Tribune’s archives. The paper gave this page one treatment, complete with a picture of one of the two child victims. Two of the killer’s older sons by a previous marriage survived because they were away at work. They discovered the bodies when they came home. According to the Trib: “The two brothers said their father had been acting queerly for several months and recently purchased some rope with the avowed intention of hanging his entire family. At that time, the brothers said, their mother sought to have her husband placed in an asylum, but was restrained by relatives.” The dad was said to have been frantic over losses in his candy and cigar store, situated at the front of the death house.]