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Appeals Court Asks If Sound Recording Rights Can Be Divested Like Magic Tricks..

Appeals Court Asks If Sound Recording Rights Can Be Divested Like Magic Tricks..

The ongoing legal controversy raging over pre-1972 sound recordings continues to produce mind-bending judicial opinions, and now the 11th Circuit Court of Appeals is weighing in with its own.

In 2013, Flo & Eddie of The Turtles filed several lawsuits against SiriusXM across the country seeking to protect “Happy Together” and other hits under state laws.Flo & Eddie won big decisions in New York and California, but not in Florida after a district judge there opined that there is no specific Florida legislation covering sound recording property rights.

The dispute then went up to the 11th Circuit Court of Appeals, which on Wednesday followed the 2nd Circuit’s lead by certifying the question of whether Florida recognizes a common law copyright..They brought up a 1943 decision involving a magician named Charles Hoffman, who sued another musician, Maurice Glazer, for infringing on the performance of a trick where various cocktails and other drinks were poured from seemingly empty shakers and beakers.  Read it all at:

http://www.hollywoodreporter.com/thr-esq/appeals-court-asks-sound-recording-907360

The case for Magic – There simply are some unseen elements in life that defy scientific cause and effect..

The case for Magic – There simply are some unseen elements in life that defy scientific cause and effect..

I saw the bird trick for the first time at age 6, when I made my inaugural visit to California. We visited San Diego and saw Richie, my grandmother’s nephew, who was a magician and illusionist. He looked the part, with a black chevron mustache, curly hair and a wacky plaid shirt. He was a professional photographer, but his main skill, particularly around children, centered on correctly guessed Bicycle playing cards and disappearing quarters.

Richie ripped off two strips of tissue and wet them with his tongue before wrapping one around each pointer finger. On the living room carpet with his knees pressed to the ground, he sang a song:

Two little blue birds, sittin’ on a hill.

One named Jack, the other named Jill…

Fly away, Jack. Fly away, Jill.

Come back, Jack. Come back, Jill.

During the first line, Richie bounced his extended index fingers jauntily with all his other fingers tucked under his thumbs. In the second line of the ditty, he raised one finger, then the other, to give each Kleenex blue bird its due recognition. The third line heralded a peculiar disappearing act: Read more..

https://www.washingtonpost.com/posteverything/wp/2015/10/28/the-case-for-magic/