...UNITED STATES DISTRICT COURT DISTRICT OF MAINE ISAAC Slade, JOE King, DAVE Welsh, and BEN Wysocki, individuals d/b/a The Fray, and Epic RECORDS, Plaintiffs, v.CHARLES Washburne, Defendant. | )))))))))))) | Civil No. 13-037 P-H | PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF ITS RULE 56 MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW ISAAC Slade, JOE King, DAVE Welsh, and BEN Wysocki, individuals d/b/a The Fray, and Epic RECORDS, Plaintiffs, and move for summary judgment against Defendant Charles Washburne, and in support thereof show the following: INTRODUCTION 1. Plaintiffs are ISAAC Slade, JOE King, DAVE Welsh, and BEN Wysocki, individuals d/b/a The Fray, and Epic RECORDS; defendant is CHARLES WASHBURNE. 2. Plaintiffs sued defendant for copyright infringement. 3. Defendant answered asserting a general denial and the affirmative defense of fair use. 4. Discovery in this suit ends April 30, 2014; trial is scheduled for July 1, 2014. 5. Plaintiffs respectfully request that the court grant their motion for summary judgment and deny the Defendant’s motion. summary judgment standard 6. Motions for summary judgment are governed by Fed. R. Civ. P. 56 which provides that a summary judgment shall be rendered if the evidence properly before the court indicates that "there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." STATEMENT OF THE CASE ...
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...Help: combination of Whitman’s egalitarianism and individualism and Morrison’s description of inequality 1. Introduction Throughout time the issue of race has gone through several important transitions and therefore it has been a controversial writing topic for many novelists and poets. For a long time African American people were disdained and used as slaves and later on as help in the household. Laws, such as the Jim Crow Laws, regarding race and human rights were very rigorous and those who did not abide the law were punished severely. When thinking about the struggle it has been for those with African heritage and the people who have fought to reach equality, Martin Luther King and Megdar Evers come to mind. The novel The Help by Kathryn Stockett, adapted for the screen by Tate Taylor, is set in Jackson, Mississippi in the 1960’s. A young girl, Eugenia “Skeeter” Phelan aspires to become a writer and averse to the way her friends treat the African American maids and driven by the love for her own maid Constantine, she decides to document the life stories of the servants and tries to get them published. Throughout the story, a realistic representation of the 1960’s society is being viewed and there are several sides to the story. Firstly a side that describes the inequality, secondly the struggle with the law and its representatives and thirdly a relationship of love and respect between the help and the children they nurture. 2. Inequality represented in The Help...
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...un-wrapped. Lastly it will be noted the attention to culture and the challenges of the work which goes hand in hand with the over all strategy. The film brings this time in history to life and paints a beautiful picture in the mind of the viewer of what took place. The whole encounter with the Guarani Indians was set in motion long before anyone outside of Paraguay knew they existed. The Spanish and Portuguese sought new lands in Central and South America. As they quested after these lands three things took place conquest, settlement, and evangelization[1]. The peoples of these lands were then subjects under the dominion of Christian Kings to whom the Pope had given sovereignty. Columbus took his first voyage in 1492, and by1515 the occupation of the West Indies was complete. With every expedition or quest and conquest came friars and priests. A good portion of the work was done by the Franciscans and the Dominicans, and later the Jesuits. The most notable for the Jesuits was Paraguay. In the beginning the work of the Jesuits suffered a lot from the hostility of the colonists. The colonists did not want to see such a large portion of the population draw out from under their control. The movie depicted this struggle; the Indians were seen as ‘savages’ and beneath the colonists and therefore put into slavery. Crow calls the tensions between the Indians and colonists as “ unworthy yet natural reactions of the society which surrounded them”.[2] The Indians feared the...
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...The term “Jim Crow” came from an old African American song called “Jump Jim Crow.” In 1828, a white man named Rice would wear a black face make up, sing, dance and act foolish. Many people started calling black people “Jim Crows” to offend them. Jim Crow laws took place in America and they were laws that segregated the white from blacks. These laws supported the idea that blacks were inferior to whites. Blacks and whites weren’t allowed to interact with each other. Jim Crow was the informal term for types of precise separation utilized by whites against African Americans from the second half of the nineteenth century through the main portion of the twentieth. The expression implies the legal parts of the shading line, additionally incorporates the social and typical traditions of progressive race relations. Jim Crow laws separated blacks and whites. These rules stated what a black person...
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...organized freedom riders and what they desired to accomplish. The outcome of what could happen to people if they participated in this movement affected the organization and their personal decision who got involved. The legal and ethical responsibility of police are both enforced and disregarded in this film. The two organizational issue facing this period were the freedom riders who opposed racism, and the police enforcing the Jim Crow laws and upholding racism. The two organizations had very different views during this movement. The freedom riders cause was clearly stated, and people defending desegregation and equality took action. Segregation during this period, in the south, was highly enforced. The freedom riders used song to communicate and strengthen their spirits. They received mistreatment from authorities because they would not allow their spirits to be broken. The police at this time felt the riders came down to cause trouble. Their organization issue was to stop the desegregation of blacks. They felt anyone who disregarded the Jim Crow laws was breaking the law; therefore, the police had a duty to arrest many of the freedom riders. The film is important because it gives insight to the injustice of those times. It shows the strength of people’s will for change. The freedom riders defeated the social pressure inflicted upon them. The riders were composed of blacks...
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..... Imagine .. there's no countries .. It isn't hard to do .. Nothing to kill or die for .. And no religion too .. Imagine all the people .. living life in peace .. .. When I heard this song over and over, I once thought to myself, this is it, the most peaceful world I want to go to, America! I once believed that America is a land filled with people who are open minded. I once hoped that America is a land where everyone and anyone who could dream could make the dream come true. .. .. The harsh truth is that there are people in America who their heart fill with hate and discrimination. And, they are not afraid to bully others openly and widely through their social gossips. They are so pretentious! They pretended to be so interested in you only so that they can gossip about everything and anything. They are so self centered and wanted to bully you in any way and every way as much as they could possibly do. They are so self centered that everything and anything has to be about them. Their behaviors are so gross that I want nothing to do with...
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...Kill A Mockingbird, Harper Lee used different historical references and connections about the inequality between blacks and whites, and some of the struggles faced by both races. Included, are connections to the Jim Crow laws, mob mentality, and issues of racism during that era. In To Kill A Mockingbird, one of the first connections was the Jim Crow laws. The Jim Crow laws created inequality between the two races of whites and blacks. There were reasons why people thought the laws were needed. They thought that whites were superior to blacks...
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...Jazz Gumbo Gumbo was the portrait of New Orleans; it was the birth place of Jazz in the 1800’s. It was an improvisational art form that people created because it celebrates human life and dealt with it and it became powerful. People from all over the world came to New Orleans because it was known to be the “Musical City” in America. Jazz bands played to entertain the rich folks. Slaves had to improvise to survive. African Americans were the only slaves and became introduced to the entertainment industry. In 1817 slaves were allowed to dance every Sunday in a place called “Congo Square”. New Orleans theatre that had minstrel shows and played plantation songs written by black and white song writers. Minstrel shows were the biggest way to spread music and whites painted their faces black to portray slaves. Dadty Rice was the first white man that write and performed a minstrel however, he originally he heard it from a black man named Jim Crow and named the song after him. New Orleans was forced to surrender slavery in 1862. In 1980 there were two styles of music which Jazz reach in New Orleans which were Ragtime pioneered by Scott Joplin and the Blues call and response. Ragtime and the Blues combined together made Jazz music. The Blues was could be about anything and it use to make the listener feel better not worse. This is how Gumbo can along because everyone came together and performed to tell stories. Wynton Marsalis Burns quoted “Blues was the roux in the musical gumbo that...
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...shown representations of African American life during the movement. Radio has been used to spread the message of the movement. All of these forms of entertainment were used to reflect the politics, beliefs, ideologies and the experience of the Civil Rights Movement. The music of the 1950’s and 1960’s has been the spirit of the Civil Rights Movement. Music has been used to lift up the spirits and used to motivate those involved in the Civil Rights Movement. Different genres of music have been used over the course of the movement. At first gospel music was the main form of music used during the movement. Songs such as “This Little Light of Mine” and “Lift Every Voice and Sing” were sang to show the optimism and hope for change in the United States for African...
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...Harlem Renaissance was a cultural movement that spanned the 1920s and 1930s. It started up as part of the "New Negro Movement," a political movement founded in 1917 and later named after the 1925 by Alain Locke. Jim Crow laws in the south led for blacks in the lower populated areas to move and be apart of the Northern highly populated cities. Negro communities became very tightly knit and sparked the upcoming of a blast of artistic movement of music and art. The city of Harlem in New York became a main hotspot for black artists and writers looking to release their talent and new style. The negroes sought to change their fate in society with the new type of music, jazz. The Harlem Renaissance was a turning point of African...
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...Goldstein African Americans have experienced racial discrimination in virtually every single area of their lives. America has come a long way since the 1800’s when slavery was common, but that road certainly hasn’t been easy or short for Black American. Not long after the Civil War ended, African Americans experienced a form of racial segregation called Jim Crow. The name "Jim Crow" originated from a character in an early nineteenth-century minstrel show song. A white minstrel blackened his face and jigged around while singing. The "Jim Crow" character regularly appeared in minstrel shows touring the South. Eventually, Jim Crow became the name of the racial caste system which operated primarily, but not exclusively, in southern and Border States. These laws legalized segregation from the 1860’s through 1967. The most widespread laws mandated racial segregation in schools and public places such as railroads, restaurants, and streetcars. Since segregation laws typically excluded African Americans from services, Jim Crow laws began as an attempt to move forward by providing separate services for blacks. These laws were adopted earliest in most southern towns and municipalities where diverse crowds lived. These communities passed vagrancy laws that controlled the influx of black homeless migrants. Many southern states during the 1880s and 1890s passed laws which required segregation. The Supreme Court held up the southern laws in...
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...Afro-Americans in Germany The free-of- Jim-Crow ambience in Germany had influenced Afro-American soldiers so much that their “experiences in postwar and Cold War West Germany thus proved pivotal in the struggle against racial discrimination in America” (Hön and Klimke 1). America’s contradictory attitudes of leading the free world and at the same time hosting institutionalized racism was targeted by “the Soviet and Eastern German propagandists” (Hön and Klimke 2). What worsened matters, Jim Crow segregations were carried out in German communities. “The failure of African-American units thus were attributed to the African-Americans, and in the cases where black units achieved successes, credit went to the white officers leading them” (Schroer 47). However, “in May 1946, for the first time a majority of white Americans polled agreed that “Negroes are as intelligent as white people”” (Schroer 71). 1964 showed examples of the American government’s handling of the problem of racism producing “The President’s Committee on Equal Opportunity in the Armed Forces, Final Report: Military Personnel Stationed Overseas” (Hön and Klimke 3). One of the most important examples of collaboration between GIs and civilians in fighting for racial equality was “the “Call for Justice” meeting...
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...An A level English Student Guide by Julia Geddes, Kitty Graham and Helen Ince ~ Wessex Publications ~ Selected Poems by John Clare CONTENTS Page Using the Workbook......................................................................................1 How to Study Poetry......................................................................................2 John Clare 1793 - 1864 ..................................................................................3 The Poems A Country Village Year.................................................................................6 December from ‘The Shepherd’s Calendar’: Christmas ...............................6 Sonnet: ‘The barn door is open’ ...................................................................11 The Wheat Ripening......................................................................................13 The Beans in Blossom ...................................................................................16 Sonnet: ‘The landscape laughs in Spring’ .....................................................19 Sonnet: ‘I dreaded walking where there was no path’...................................21 Sonnet: ‘The passing traveller’......................................................................23 Sport in the Meadows....................................................................................25 Emmonsales Heath .......................................................................................
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...Segregation : The enforced separation of different racial groups in a country, community, or establishment. Segregation has existed throughout the centuries. In some cases laws were instated to make sure that one group was separated from everyone else. Segregation usually took place because one group looked different, worshiped differently or had a different background. This was commonly used to suppress, demote and dehumanize that group. One example of laws passed to segregate were the laws instituted in some states in the 1880s that lasted into the 1960s. These laws were called the Jim Crow laws after a popular character in a minstrel show. A minstrel show was a performance with song and dance, performed by white actors with black painted faces. These laws were made to separate black people from everyone else. They prohibited them from going into the same stores, going to the same schools and even drinking from the same water fountain. These laws seriously demoted the position of african americans in the american society. They separated the wight facilities from the “colored” facilities. These were by no means equally good. The “colored” facilities were in a very bad state because african...
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...or/universities. We encourage teachers and other education stakeholders to email their feedback, comments, and recommendations to the Department of Education at action@deped.gov.ph. We value your feedback and recommendations. Department of Education Republic of the Philippines i Let’s Get Better in Reading – Grade 3 Learner’s Materials First Edition, 2014 ISBN: Republic Act 8293, section 176 states that: No copyright shall subsist in any work of Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. Borrowed materials (i.e., songs, stories, poems, picture, photos, brand, names, trademarks, etc.) included in this book are owned by their respective copyright owners. The publisher and authors do not represent nor claim ownership over them. Publisher by the Department of Education Secretary: Br. Armin A. Luistro FSC Undersecretary: Dina S. Ocampo, Ph.D. Development Team of the Learner’s Material Reviewers: Nemah N. Hermosa, Roderick M. Aguirre, Merry Ruth Gutierrez, Felicidad Pado, Ma. Lourdes Tayao Mil Flores Ponciano, Esperanza Diaz- Cruz, Ana Lou Caspi, Criselda DG Ocang, Jeanette V. Sison, Raymond Bustamante, Rose B. Pamintuan, Jelly L. Sore, Aurea L. Mazo, Myra R. Labay, Ivy Romano, Leah Bautista, Dinah Bonao, Evelyn Mamangon, Josie Mendoza, Authors: Illustrators:...
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