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This Land is Your Land - public domain

DigiTrad:
THIS LAND AIN'T YOUR LAND
THIS LAND IS THEIR LAND
THIS LAND IS YOUR LAND


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dick greenhaus 27 Aug 04 - 03:45 PM
Leadfingers 27 Aug 04 - 07:39 PM
Joe Offer 27 Aug 04 - 08:40 PM
dick greenhaus 27 Aug 04 - 09:35 PM
McGrath of Harlow 27 Aug 04 - 09:41 PM
McGrath of Harlow 28 Aug 04 - 11:50 AM
Tannywheeler 28 Aug 04 - 01:02 PM
dick greenhaus 28 Aug 04 - 07:36 PM
Jim Carroll 16 Aug 15 - 11:50 AM
Richard Mellish 16 Aug 15 - 04:15 PM
Joe Offer 16 Aug 15 - 05:05 PM
Paul Burke 16 Aug 15 - 05:54 PM
GUEST,Gerry 17 Aug 15 - 02:06 AM
GUEST,M 17 Aug 15 - 09:32 AM
John on the Sunset Coast 17 Aug 15 - 11:52 AM
GUEST,# 18 Aug 15 - 10:29 AM
GUEST 19 Aug 15 - 12:49 AM
Richard Mellish 19 Aug 15 - 02:35 PM
McGrath of Harlow 20 Aug 15 - 12:18 PM
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Subject: This Song Was Made for You and Me
From: dick greenhaus
Date: 27 Aug 04 - 03:45 PM

* This Song Belongs to You and Me

By Fred von Lohmann
EFF Senior Intellectual Property Attorney

On Tuesday, EFF announced that music publisher Ludlow
Music, Inc., has officially backed down from its threats
against web animation studio JibJab Media Inc. over the
widely circulated "This Land" animated parody lampooning
President Bush and Senator Kerry. The resolution is a
complete victory for JibJab, which will be entitled to
continue distributing the "This Land" animation without
further interference from Ludlow.

Two things made this outcome possible. First, JibJab's
fantastic animation is a clear fair use of Woody Guthrie's
"This Land Is Your Land," for the reasons described in
detail in EFF's initial letter to Ludlow's attorney.

But also important was our other discovery: the Guthrie
classic has been in the public domain since 1973.

Fact #1: Guthrie wrote the song in 1940. At that time,
the term of copyright was 28 years, renewable once for
an additional 28 years. Under the relevant law, the
copyright term for a song begins when the song is
published as sheet music. (Just performing it is not
enough to trigger the clock.)

Fact #2: A search of Copyright Office records shows
that the copyright wasn't registered until 1956, and
Ludlow filed for a renewal in 1984.

Fact #3: Thanks to tips provided by musicologists who
heard about this story, we discovered that Guthrie
published and sold the sheet music for "This Land Is Your
Land" in a pamphlet in 1945. An original copy of this
mimeograph was located for us by generous volunteers
who visited the Library of Congress in Washington, DC.

This means that the copyright in the song expired in 1973,
28 years after Guthrie published the sheet music.
Ludlow's attempted renewal in 1984 was 11 years tardy,
which means the classic Guthrie song is in the
public domain. (I'll note that Ludlow disputes this,
although I've not heard any credible explanation from
them.)

So Guthrie's original joins the Star-Spangled Banner,
Amazing Grace, and Beethoven's Symphonies in the public
domain. Come to think of it, now that "This Land Is
Your Land" is in the public domain, can we make it
our national anthem? That would be the most fitting
ending of all.

For the original version of this piece online, including
links to relevant websites and documents:


Official press release on the JibJab victory:


"Ten Songs of Woody Guthrie," published in 1945:


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Subject: RE: This Song Was Made for You and Me
From: Leadfingers
Date: 27 Aug 04 - 07:39 PM

Thats nice to know Dick - Thank you for that information


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Subject: RE: This Song Was Made for You and Me
From: Joe Offer
Date: 27 Aug 04 - 08:40 PM

Dick, any idea what other Guthrie songs are in the public domain? It seems a shame that so much of his work is unavailable to us. I just picked up a copy of (The Nearly Complete Collection of) Woody Guthrie Folk Songs for twenty bucks, but it's usually more like $60. And I really doubt that it's anywhere near complete.
-Joe Offer-


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Subject: RE: This Song Was Made for You and Me
From: dick greenhaus
Date: 27 Aug 04 - 09:35 PM

Y'all know what I know about the matter. Jes' reporting.


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Subject: RE: This Song Was Made for You and Me
From: McGrath of Harlow
Date: 27 Aug 04 - 09:41 PM

Here's the Jib-Jab movie Good stuff.


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Subject: RE: This Song Was Made for You and Me
From: McGrath of Harlow
Date: 28 Aug 04 - 11:50 AM

Up to the top once more. I liked the way the parody hits out in both directions. Bush comes off worst, but then he is worst...


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Subject: RE: This Song Was Made for You and Me
From: Tannywheeler
Date: 28 Aug 04 - 01:02 PM

Someone get to the lawyers. The tune for Woody's "This Land" is the tune for the earlier Carter Family's "Little Darlin'", (and maybe more before that).
(cho: My Little Darlin' how I love you;
       How I love you none can tell.
       In your heart you love another,
       Little Darlin', pal of mine.)

Hugs and kisses.   Tw


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Subject: RE: This Song Was Made for You and Me
From: dick greenhaus
Date: 28 Aug 04 - 07:36 PM

Another (related) mater:
Judgement was reserved on Tuesday in an urgent High Court application by Disney Enterprises to set
aside an attachment order against more than 240 of its trademarks registered in South Africa.
Lawyers acting for the family of musician Solomon Linda, the composer of Mbube, in July obtained an
attachment order in the Pretoria High Court against the trademarks in order to sue the overseas
company in a South African court.

The trademarks include well-known images such as Donald Duck and Mickey and Minnie Mouse.

The executors of Linda's estate are claiming R10-million in damages against Disney Enterprises and
NuMetro and R6-million against David Gresham Records.

Linda, a migrant worker, wrote the song Mbube in 1939. Since then it has been reworked and its title
changed to Wimoweh in 1951/52 by Pete Seeger and into The Lion Sleeps Tonight in 1961.

It has also surfaced in Eddie Murphy's Coming to America, sung by South Africa's Ladysmith Black
Mambazo and, more recently, in Disney's blockbuster movie The Lion King.

Rolling Stone magazine estimated that it has been recorded at least 150 times.

Although the song has made a substantial amount over the decades, lawyers acting for the Linda
family said they have only received R140 000 between 1992 and 2001 from various users.

The executor of Linda's estate obtained an attachment order against Disney's locally registered
trademarks to enable it to sue the corporation in South Africa.

The executor claims copyright of the song had -- under a 1916 law -- reverted back to Linda's estate
in 1987, 25 years after he died a pauper in 1962. He left three daughters and 10 grandchildren.

Counsel for Disney, Danie Price, argued before Judge Hekkie Daniels that the executor of the estate
had not been appointed properly, making everything he did on behalf of the estate null and void,
including the attachment order.

It was also argued that the executor should have sued one of Disney Enterprises' subsidiaries and
that no case of copyright infringement had in any event been made out on the papers. The executor
was also accused of not revealing all the relevant facts to the judge who granted the attachment
order.

Disney 'pulls all of the strings'

Counsel for the executor of Linda's estate, Cedric Puckrin, argued that the executor had been
correctly appointed and that Disney Enterprises, "as the party which controls everything and pulls
all of the strings", was the right party to sue for damages.

It was pointed out that the attachment had been obtained in order to establish jurisdiction and that
the only consequences for Disney Enterprises was that it could not sell hundreds of locally
registered trademarks. The executor offered that Disney could sell its trademarks in products such
as Minnie Mouse after consulting with them.

Puckrin argued that a prima facie case had been made out against Disney Enterprises and said they
would like the action to proceed so that they could prove their cause of action.

Puckrin, who reminded the judge that it was "a court of law and not Disney World", said it would be
the end of the case if the attachment order was set aside and the estate would no longer have
jurisdiction to sue for damages.




This message was forwarded by news2mail.com. If you do not do no longer want to
receive messages from this group please click on
mailto:rec.music.folk-request@news2mail.com?subject=unsubscribe .
For additional information see also www.news2mail.com/rec/music/folk.html .


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Subject: RE: This Land is Your Land - public domain
From: Jim Carroll
Date: 16 Aug 15 - 11:50 AM

For those interested, I spotted a book bearing this title in a Dublin bookshop last week - it appears to be a history of the song.
Didn't buy it - no room in the wheelbarrow!
Jim Carroll


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Subject: RE: This Land is Your Land - public domain
From: Richard Mellish
Date: 16 Aug 15 - 04:15 PM

It's good to know that people who sing this song aren't going to be sued for breach of copyright.

HOWEVER this thread gives me a chance for another whinge. I feel very uncomfortable when an English person sings it in an English folk club and nearly everyone joins in lustily on the chorus. Do they think the American Revolution was an anomaly that will eventually be rectified, so the land concerned is really theirs? Or is this just another instance of people singing without paying any attention to the words?


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Subject: RE: This Land is Your Land - public domain
From: Joe Offer
Date: 16 Aug 15 - 05:05 PM

I dunno, Richard - I think Woody's message is that the land belongs to the common people, wherever they are - a message that should apply all over the world.
-Joe-


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Subject: RE: This Land is Your Land - public domain
From: Paul Burke
Date: 16 Aug 15 - 05:54 PM

Come on then Mudcat:

This song is your song, this song is my song,
I didn't write it, it's been around long,
The verse and chorus were written for us,
This song belongs to you and me


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Subject: RE: This Land is Your Land - public domain
From: GUEST,Gerry
Date: 17 Aug 15 - 02:06 AM

I roamed and rambled, and followed my footsteps
To the beer-stained floors of her musty fok clubs
And all around me a voice was croaking,
This song belongs to you and me.


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Subject: RE: This Land is Your Land - public domain
From: GUEST,M
Date: 17 Aug 15 - 09:32 AM

I bought a gee-tar and couldn't tune it
I liked this song lots, but couldn't croon it
I am quite useful when I start singing
You'll know it's time to take a pee


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Subject: RE: This Land is Your Land - public domain
From: John on the Sunset Coast
Date: 17 Aug 15 - 11:52 AM

I believe there be lyrics for a Canadian version of the song. Each country can devise its own, if the American words are problematic.


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Subject: RE: This Land is Your Land - public domain
From: GUEST,#
Date: 18 Aug 15 - 10:29 AM

http://www.edu.gov.mb.ca/k12/cur/socstud/foundation_gr5/blms/5-2-3g.pdf

There's the Canadian version, John.


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Subject: RE: This Land is Your Land - public domain
From: GUEST
Date: 19 Aug 15 - 12:49 AM

Now this is good to know! I'll have to learn it.


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Subject: RE: This Land is Your Land - public domain
From: Richard Mellish
Date: 19 Aug 15 - 02:35 PM

My concern is that the original words refer very specifically to the USA, so are appropriate for citizens of that country but really not for us Brits. Adapted words concerning one's own country would be better. But, for me, it would be very hard to beat Maggie Holland's A Place Called England.


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Subject: RE: This Land is Your Land - public domain
From: McGrath of Harlow
Date: 20 Aug 15 - 12:18 PM

Singing it with Woody's words I see as expressing solidarity with the kind of people for whom he wrote it.

It's a reminder that America isn't just what we mostly seem to see of it in the films and the TV. All that stupid stuff, most of which might have been crafted to make us hate and fear and despise America. (And of course I'm not talking there about stuff that criticise America. The reverse.)


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