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Patrycja

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    DUENDE; writing; all things theatre; all things Shakespeare; use of space, light and sound; sweet grooves and melodies; movies new and old; the great outdoors; wolves; reading; friends; solitude...

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  1. "What about David Coverdale?" HA! It's endearing how Dave's completely unconvincing as the navelgazing tool going solo in his new enlightened state. He just doesn't seem to have that kind of air about him at all. Glad they're together, but hoping for some TCV side projects as well . I've been watching their Sonic Highways series (about half way through) and am very much enjoying the musical journey. Interesting idea well done.
  2. HA! Have you tried it?! Sounds like great fun, BUT only if it doesn't have to be preceded by a naked roll around in the snow. Now a streak across the snow to the sauna in the dead of night maybe... Compared to the last time I posted here, it's a balmy -1C with some 'wintry mix' setting in later this morning. Far too warm for any Finnish shenanigans
  3. I'm having 'submit reply' issues. The first time was in the 'Stairway lawsuit' thread where I posted two replies but the second (an article) ended up being a copy of the first (response to two posters). Just now I was in the 'classical music thread' and upon pressing the reply button ended up in the 'Rival Sons' thread with nothing posted in the classical one. In both instances a repost was necessary. Just a head's up for people to save their wordier posts lest they lose their thoughts.
  4. Decades Later, 'Stairway to Heaven' Still in Dispute Commentary by James G. Sammataro, Daily Business Review February 19, 2016 Randy California always said so. A guitar virtuoso discovered by Jimi Hendrix at age 15, California plucked a distinct guitar line on his band's 1968 instrumental "Taurus" that reminds some of a guitar line from Led Zeppelin's 1971 smash hit "Stairway to Heaven." Until his death in 1997, California refused to sue. He just wanted an artist's fair recognition: a liner credit, a thank you and a significant footnote in rock 'n' roll lore. Unconstrained by his quaint magnanimity, California's estate sued Led Zeppelin for infringement in 2014. Can the estate climb this stairway to a judgment in its favor? It's a steep climb. The estate's first step was to overcome a seemingly preposterous delay of 43 years before filing suit. They made it thanks to the U.S. Supreme Court's 2014 "Raging Bull" decision in Petralla v. Metro-Goldwyn-Mayer, which eliminated the defense of laches (undue delay) from copyright cases and sanctioned a revolving three-year look back in copyright infringement actions. The estate's next step is to demonstrate it has enough of a case to survive a summary judgment motion. The U.S. Court of Appeals for the Ninth Circuit has set forth an unforgiving substantial similarity test, but the estate appears capable of marshaling some favorable facts. In 1968, a then-unknown Led Zeppelin opened for and shared the bill with California's band, Spirit — a pioneer of the psychedelic rock sound that incorporated delay and distortion effects to bend minds and alter moods. Zeppelin covered Spirit's tune "Fresh Garbage" during their sets. In early interviews, Zeppelin guitarist Jimmy Page stated how Spirit's music moved him "on an emotional level." Further, Zeppelin, long accused of boosting classic blues songs, is no stranger to infringement actions, having settled at least six claims involving "Dazed & Confused," "Babe, I'm Gonna Leave You" and "Whole Lotta Love" (a prejudicial fact unlikely to be presented to a jury but likely to embolden plaintiffs counsel). Summary Judgment Yet compelling evidence of access and copying will not be enough. To prevail, the estate must prove that any copying was quantitatively and qualitatively sufficient to support the legal conclusion that infringement has occurred. Inspired parrotting is one thing; misappropriated piracy is another. The latter requires more than a subjective "I know it when I hear it," but an objective examination of protected and copyrightable elements of expression. The estate, likely aided by a musicologist's expert testimony, must identify specific and independently protectable notes, chord progressions, tone and structure that were pilfered. In order to survive summary judgment, the estate will likely need to prove more than merely a shared A-minor chord and a descending bass line, conspicuously present in earlier works including Zeppelin's "Babe, I'm Gonna Leave You" and George Harrison's "While My Guitar Gently Weeps). If the estate can survive summary judgment, it needs to convince the jury that protected expression was infringed. Given the human element, this is often easier than surviving summary judgment as evidenced by the 2015 "Blurred Lines" jury verdict. There, Marvin Gaye's estate prevailed based on perceived similarities between Robin Thicke and Pharrell William's "Blurred Lines" and Gaye's 1977 hit "Got to Give it Up," despite never proving Gaye owed any of the borrowed elements: a shared baseline and the use of percussions, hand claps, falsetto signing and party sounds). The final step is proving damages. Too bad for California's estate, the lookback is only three years: as of last count in 2008, "Stairway to Heaven" had earned $562 million. Nonetheless, real dollars could still be in play as "Stairway to Heaven" was included on a recent re-release album, a battle of the experts would be likely. The estate's damages expert would testify for a generous share of those album sales on the rationale that Stairway's iconic status drove profits not merely for that single song but for the entire re-released album, Zeppelin merchandise and perhaps any gold that glittered down upon Zeppelin subsequent to Heart's stirring rendition of Stairway at the band's Kennedy Center Honors. For counterarguments, Zeppelin's damages experts would advocate for modest damages based on a handful of musical notes constituting a small fraction of the song's popular virtues, which include Robert Plant's lyrics, the song's other layered tidbits and Zeppelin's enduring success. Because this is the first meaningful copyright claim over a work thought to be legally dead until resuscitated by the "Raging Bull" decision, many in the music industry will be watching this case scheduled for a May trial, wondering if a new day will dawn for those who stand long. James G. Sammataro is an entertainment lawyer, managing partner of Stroock & Stroock & Lavan's Miami office and the author of "Film and Multimedia and The Law." http://www.dailybusinessreview.com/id=1202749946973/Decades-Later-Stairway-to-Heaven-Still-in-Dispute?slreturn=20160118180247 It doesn't matter whether Spirit's music moved Jimmy on an 'emotional level' or that Zep lifted songs from others in their tunes. These may be used to influence perceptions, but they don't have anything to do with this specific case concerning STH. "The estate, likely aided by a musicologist's expert testimony, must identify specific and independently protectable notes, chord progressions, tone and structure that were pilfered. In order to survive summary judgment, the estate will likely need to prove more than merely a shared A-minor chord and a descending bass line, conspicuously present in earlier works including Zeppelin's "Babe, I'm Gonna Leave You" and George Harrison's "While My Guitar Gently Weeps)." And there's the rub. They have to prove that 'Taurus' note sequences are 'independently protectable' and this is specious given that so many other songs that preceded it have them, too (and Zep lawyers could argue, influenced the creation of 'Taurus' as well. Too bad they can't ask Randy California...). As TheGreatOne noted, the huge time span that has passed also works against the plaintiffs, as does the fact that Randy California never sued. Given these points, this suit should be exposed for exactly what it is - an attempt at a money grab based on weak evidence. A familiar tactic, but based on familiar notes not 'protectable' or exclusive to any of the songs that have them. That STH reached a pinnacle speaks to the ingenuity of what could be done with this note sequence.
  5. Thanks for the suggestions, I will. There's a video posted a couple of times in this thread that chronicles that progression going back to classical music compositions, I just don't have the time to peruse and find it at the moment. But it speaks to your point and that of several others who have given examples of similarities not only with this particular note sequence, but others as well, none of which drew law suits. Even Randy California himself didn't sue, but he thought he ought to have been given some form of recognition, which, with all due respect, I still disagree with given that sequence's repeated appearance in music history. When Lady Gaga's "Born This Way" was released, fans immediately pointed to Madonna's "Express Yourself" - LG's was FAR more similar to Madge's, so much so that Madonna incorporated "Born This Way" seamlessly into "Express Yourself" when she performed it live. Imitation is the sincerest form of flattery, she said, tongue firmly in cheek. She was above suing, even though this was blatant. On the opposite end of the scale, you have a few notes in sequence appearing throughout many compositions, easy to display, and even though Randy flattered himself with credit, sorry, these were around for a long time already, even if 'Taurus' was one of the places he heard it. I'm not sure Spirit will get the attention they maybe think they will get, certainly not the coin. People tend to put down such attempts at money grabs. If 'Taurus' a rather monotonous tune gets more airplay, they should just send a fruit basket with a thank-you note. There's no comparison in it to the greatness that is "Stairway to Heaven". Here's the thing, too. Jimmy may have heard it from Randy and went, hey that's interesting, and gone off and worked on whatever his imagination dictated, or said to himself, hey that reminds me of... and went off composing. But lawsuits don't legislate what's in someone's heart; the fact remains that even if it sounds similar to a layman's ears, it's not nearly enough to sue for credit. More similar songs have lost in court.
  6. Here's an article with some examples of how fore-edge paintings are revealed: Secret Fore-Edge Paintings Revealed in Early 19th Century Books at the University of Iowa by Christopher Jobson on September 2, 2013 Autumn by Robert Mudie / Special Collections & University Archives at the University of Iowa Autumn by Robert Mudie / Special Collections & University Archives at the University of Iowa Winter by Robert Mudie / Special Collections & University Archives at the University of Iowa Winter by Robert Mudie / Special Collections & University Archives at the University of Iowa Spring by Robert Mudie / Special Collections & University Archives at the University of Iowa Spring by Robert Mudie / Special Collections & University Archives at the University of Iowa Summer by Robert Mudie / Special Collections & University Archives at the University of Iowa Summer by Robert Mudie / Special Collections & University Archives at the University of Iowa A few days ago Colleen Theisen who helps with outreach and instruction at the Special Collections & University Archives at the University of Iowa shared an amazing gif she made that demonstrates something called fore-edge painting on the edge of a 1837 book called Autumn by Robert Mudie. Fore-edge painting, which is believed to date back as early as the 1650s, is a way of hiding a painting on the edge of a book so that it can only be seen when the pages are fanned out. There are even books that have double fore-edge paintings, where a different image can be seen by flipping the book over and fanning the pages in the opposite direction. When I realized the book Theisen shared was only one of a series about the seasons, I got in touch and she agreed to photograph the other three so we could share them with you here. Above are photos of Spring,Summer, Autumn and Winter which were donated to the University of Iowa by Charlotte Smith. How much fun are these? Keep an eye on the University of Iowa’s special collections Tumblr as they unearth more artificats from the archives. UPDATE: Because this post is getting so much attention, here are some more amazing fore-edge paintings found on YouTube. http://www.thisiscolossal.com/2013/09/fore-edge-book-paintings/
  7. Back to books for a moment, here are some examples of those with beautiful fore-edge paintings: Fore Edge Painting - An Introduction by Anne C. Bromer From the earliest period when books began to be printed and accumulated, artists and bookbinders embellished their covers with designs and illustrations. The painting of book edges developed later, but few readers have ever seen these decorations. They are an obscure art form, hidden beneath a surface of gold. When revealed, there is only wonderment! It is as if you discovered magic on a book before you even read its opening lines. The story of how this idea began and the extraordinary collection of these edge paintings at The Boston Public Library follows. When you hold the covers of a book in your hands, you will see three edges and a spine. The top edge and bottom edge are obviously named, but the edge at which you open the book has an unfamiliar title. It is referred to as the FORE-EDGE. Originally this edge of the book was titled in ink for the purpose of identification. Then the old books were stacked one on top of the other with the edge facing outwards in order to read its title. In the beginning, there was no effort to beautify the fore-edge. Diana with a Handmaid By the sixteenth century, a Venetian artist, Cesare Vecellio, devised a way to enhance the beauty of a book by painting on its edges. The images, mostly portraits, were easily viewed when the covers of the book were closed. A century later in England, Samuel Mearne, a bookbinder to the royal family, developed the art of the “disappearing painting” on the fore-edge of a book. “Imagine a flight of stairs, each step representing a leaf of the book. On the tread would be the painting and on the flat surface would be gold. A book painted and gilt in this way must be furled back before the picture can be seen.” (Kenneth Hobson, 1949). This is how a fore-edge painting works. When the book is closed, you do not see the image because the gilding hides the painting. But, when you fan the pages to show the painting at its best and hold them between your fingers or in a display press, the colorful picture appears as if by magic. Harvest Landscape In the late eighteenth and early nineteenth centuries, fore-edge painting reached its height in England. The famous bookbinding firm, which is always referred to with “the territorial suffix” Edwards of Halifax, was responsible for this surge of interest. Artists were employed to paint landscape scenes with country estates on the fore-edges of books, which were then handsomely bound in painted vellum covers or in exotic leather bindings. Most fore-edge painters working for binding firms did not sign their work, which explains why it is difficult to pinpoint and date the hidden paintings. A few binders did leave their marks. Taylor & Hessey, working in the early nineteenth century, stamped their name on the edge of the binding. The binder/painter from Liverpool working at the end of the century, John Fazakerly, combined colorful decorations with gold embossing on the edges of his bindings, which in themselves are works of art and easily identifiable. In the early twentieth century, Miss C. B. Currie painted and signed her fore-edges, which are often found on bindings with painted ivory insets by Miss Currie. These are the exceptions, as most paintings are recognized only by their design. The “Dover” painter and the “Thistle” painter, for example, are twentieth century fore-edge artists whose paintings are presented unsigned. Through observation and study, we are able to learn the style of each. Le Petit Triagnon Hidden paintings hold broader interest today and include more subjects than the early landscape and architectural scenes. Some of the themes depicted on fore-edge paintings are outdoor sports, such as fox hunting and angling, and indoor sports, such as chess and billiards. Biblical tableaus, historic sea battles, views of American cities, exotic depictions of “the Orient,” and even erotic scenes are shown beneath the gold. In the twentieth century, the single fore-edge painting was expanded to include double fore-edges, an astounding feat of craftsmanship, where two different paintings can be viewed by fanning the pages in first one direction and then the opposite. Neither painting interferes with your view of the other. Another technique is to use all three edges of the book – top, bottom, and fore-edge – to paint a continuous picture, which surrounds the book. In recent times, miniature books less three inches in height have been used as palettes to paint a fore-edge. The smallest of these are the three volumes produced in 1929, 1930, and 1932 by the Kingsport Press in Tennessee. In a fore-edge space of less than one inch, the portraits of Abraham Lincoln, Calvin Coolidge, and George Washington are painted to accompany the text related to each of the presidents. The collection of fore-edge paintings of The Boston Public Library is outstanding; one of the finest in the country. The nucleus of 258 books was first given to the Library by Albert H Wiggin in 1951. Since that time it has been a hidden treasure of the Library. This virtual exhibition is the first time the books have been publicly viewed. These magical paintings have come to light and are now able to be shared through this exhibition to be enjoyed by everyone. References cited: Hanson, T.W. “Edwards of Halifax,” A Family of Book-Sellers, Collectors and Book-Binders. 1912. Hobson, Kenneth. “On Fore-Edge Painting of Books”. In The Folio. 1949. Weber, Carl J. Fore-Edge Painting, A Historical Survey of a Curious Art in Book Decoration. 1966. This online collection was made possible through a generous gift from Anne and David Bromer. http://foreedge.bpl.org/node/923
  8. A glimmer of hope... Why ‘Stairway to Heaven’ Lawsuit Poses ‘Uphill Battle’ for Plaintiff By Tim Kenneally on February 15, 2016 @ 2:53 pm “I think it’s less than 50 percent” that Michael Skidmore will prevail in copyright infringement case against Led Zeppelin, entertainment attorney offers The man suing Led Zeppelin for copyright infringement over their iconic song “Stairway to Heaven” is going to have a tough time proving his case in court, according to one legal expert. Entertainment attorney James Sammataro, managing partner of Stroock & Stroock & Lavan’s Miami office, told TheWrap that Michael Skidmore will face “an uphill battle” and “a steep hurdle” as he tries to prove that the classic 1971 tune infringes on the 1968 Spirit song “Taurus.” Led Zeppelin is being sued by Skidmore, trustee of the Randy Craig Wolfe Trust, who claims that “Stairway” infringes on the earlier song. (Randy Craig Wolfe was the birth name of Spirit frontman and “Taurus” author Randy California, who died in 1997.) Sammataro told TheWrap, “I definitely think there’s a hint of familiarity [between the two songs] to a layman’s ears.” And Zeppelin opened for Spirit on one of the former’s early tours, meaning that there was a decent chance that Jimmy Page and his bandmates had heard “Taurus.” But, Sammataro told TheWrap, that doesn’t necessarily tilt the case in Skidmore’s favor. Sammataro cautioned that it isn’t a matter of proving whether the two songs are similar, but rather how similar they are. “You can copy. Not all copying or parrotry is piracy,” Sammataro said. “You have to take enough [to constitute infringement]. … Is it just that they borrowed a couple of chords and it sounds alike? Did they borrow a progression that sounds similar? Or is this really a wholesale quantitative lifting that’s going to give rise to a claim?” Venue is another factor working against Skidmore. While the suit was initially filed in Pennsylvania, it has since been transferred to California, specifically to a U.S. District Court in Los Angeles — where, Sammataro said, the threshold for establishing grounds for an infringement case is higher than average. “It’s a studio-friendly jurisdiction,” Sammataro said. “As a consequence, when there’s had to be a benefit of the doubt, courts have typically erred on the side of big businesses.” Sammataro is skeptical that the case will make it past the summary judgment phase. Much of that will depend on whether Skidmore’s music expert can pinpoint precise and substantial similarities. “That will be key,” Sammataro said. “If that all gels together, then I’d say they have more than a puncher’s chance.” Sammataro doubts that the parties will settle in this case. For one thing, the iconic status of the song, possibly Zeppelin’s most famous, will up the stakes for Page and his bandmates. “There may be a little bit of, ‘I need to protect my integrity and credibility on this one,'” the attorney said. The financial stakes are also high — as of 2008, the song had generated an estimated $562 million in revenue. The sheer dollar volume itself could make it difficult to reach a settlement, according to Sammataro. So how much money could be involved if the lawsuit goes forward? According to Sammataro, infringement cases of this nature typically have a three-year statute of limitations period, meaning potential damages would go back to three years before the filing of the complaint. While “Stairway to Heaven” surely isn’t selling like it did in the ’70s, the album containing the track, unofficially titled “Led Zeppelin IV,” was reissued in 2014. And the song is still a prominent presence on classic-rock radio stations’ playlists. Skidmore’s legal team will also probably argue that the popularity of the song generated peripheral revenues — say, by boosting the group’s profile overall and leading to increased album sales for the rest of its catalog. “Would I be shocked if they came up with a damages model that was north of $50 million? No,” Sammataro said. Which doesn’t mean that they’d get that, by a long shot. As Sammataro noted, if he were to be presented with a 10-figure settlement amount, “I would say, ‘See you at trial.'” However, he said, he’d “maybe start listening at $2.5 million.” And the chances of Skidmore prevailing in the case are still against him, according to Sammataro. While the attorney believes that “ultimately this is a case that comes down to experts,” he added, “I still think its an uphill battle. I think it’s less than 50 percent. I just don’t know where on that less-than-50-percent spectrum.” Presumably, that will depend not just on whether the songs remain the same, but just how much the same a jury determines them to be. http://www.thewrap.com/why-stairway-to-heaven-lawsuit-poses-uphill-battle-for-plaintiff/ I really hope that Zep's lawyers have musicologists who can prove definitively that that sequence of notes has appeared in many songs and melodies even before 'Taurus'. I was thinking it's too bad Randy California passed away because he can't be asked about where he heard it from (and maybe check his record collection for influences), but that isn't necessary even if a temporal relationship between Spirit and Zep existed, even if Jimmy potentially heard 'Taurus'. None of that matters as much as proving that a ) Jimmy heard that sequence of notes in several other compositions that were created and recorded before 'Taurus' and b ) the musicologists showing the differences between 'Taurus' and STH. Hopefully there's no settlement of any sort; even though it may be a tactic to just make this all go away, it can be perceived as a tacit admission of influence. It would be a shame for a song of such iconic stature to be tarnished in this way. But it's not only about appearances; this is not a just suit and should be proven as such conclusively.
  9. HA! Yes well it was 'nippy' in that 'keep calm and carry on' sort of way. I was meeting someone so I had to get out there, but other times I like to go for walks just to experience what different weather feels like. Plus keep in mind that it's relative to what one's used to. -1C is BBQ weather here . We've done outdoor hot tubs at -20C (the worst was the soaked sprint across the deck to get inside). It WAS cold but when the wind was calm, it was actually sort of pleasant if you walked briskly and blinked quickly so your eyeballs didn't get all cold and dry lol. Anyway, the cold snap has passed and we're back to normal -6ish temperatures. Thanks, Kiwi!
  10. Patrycja

    Boleskine

    You know, that's a good idea, TOWTF. I was on a steering committee that sought RFPs for a new theatre that had to incorporate a historical structure, and there were so many creative ideas proposed, including using just a facade (which, unless this is rebuilt exactly, is probably all they could use). If there's the will, it could be a B&B / guest house or an artist retreat / historical centre of both Boleskine and the area. I'd just like for it to be transformed into something constructive and commemorative rather than it being razed and forgotten should nothing else or something completely different replace it.
  11. Patrycja

    Boleskine

    Thanks for your insights once again, as well as for the video and photo, FavouriteTipple. Once I saw that photo the reality of the extent of the damage set it. Doubt any of it is salvageable. Besides, left in this state would probably attract certain types and create its own branch of lurid tales in time. Too bad that common sense was left in the house along with the stove on; not to rub salt in, but what were they thinking leaving the house like that?! Amazing. I imagine that liability/cost/insurance/planning assessments and options will take a while to determine. I wonder whether the local government would have any involvement in possible restoration (though highly unlikely just from the look of the damage) or perhaps Boleskine just doesn't register as any more important than any number of older structures. The Crowley ties are just as likely to keep some folks away as they attract others. Such a shame for Boleskine to be in this state, but I am curious about what, if anything, happens with it.
  12. It's nippy today. At least it got warmer... right? It wasn't so bad when the wind wasn't howling. Just some thermals and layers and I was good to go
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