#cole porter

[batboyblog]

Copy Right and Public Domain in 2024

Happy 2024 all! its also Public Domain Day! a magical holiday here in America where things enter the public domain. Works published in the year 1928 (or 95 years ago!) have entered the public domain, which means they belong to us, all of us, the public!

Mickey's Back!

Yes! I'm sure you've heard, but Mickey Mouse (and Minnie Mouse too) is entering the Public Domain today. This has been news for a few years and indeed Disney's lobbying in the late 1990s is why our copy right term is SO long. So what exactly is now public domain?

Most people know about Mickey's first appearance Steamboat Willie, but a second short film, Plane Crazy was also released in 1928 so will also be public domain. So what's public? well these two films first of all, you're allowed to play them, upload them to YouTube or whatever without paying Disney. In theory you'll be allowed to cut and sample them, have them playing in the background of your movie etc. Likewise in theory the image of Mickey and Minnie as they appear (thats important) in these films will be free to use as well as Mickey's character as he appears in these works will be free to use. Now Mickey's later and more famous appearance

will still be protected. Famously the Conan Doyle Estate claimed that Sherlock Holmes couldn't be nice, smile, or not hate women in works because they still held the copyright on the short stories where he first did those things even though 90% of Sherlock Holmes stories were public domain. It's very likely Disney will assert similar claims over Mickey, claiming much of his personality first appeared in works still copyrighted.

Finally there's copyright vs trademark. Copyright is total ownership of a piece of media and all the ideas that appear in it, copyright has a limited set term and expires. Trademark is more limited and only applies to things used to market and sell a product. You can have a Coke branded vending machine in your movie if you want, but it couldn't appear anywhere in the trailer for your movie as thats you marketing your movie.

Where trademark ends and copyright begins and how trademarked something in the public domain is allowed to be are all unsettled areas of law and clearly Disney in the last few years as been aggressively pushing its trademark not just to Mickey in general but Steamboat Willie Mickey in particular

Ultimately the legal rights and wrongs of this might not matter so much since few people have the money and legal resources of the Walt Disney corporation so they might manage to maintain a de facto copyright on Mickey through legal intimidation, but maybe not?

And Tigger Too!

All the talk about Mickey Mouse and Steamboat Willie has sadly overshadowed other MAJOR things entering the public domain today. Most people are aware Winnie the Pooh entered the public domain in 2022, but they might not realize his beloved friend Tigger didn't. Thats because Tigger didn't appear till A. A. Milne's second (and last) book of Pooh short stories, The House at Pooh Corner in 1928.

Much like Mickey Mouse only what appears in The House at Pooh Corner is public domain so the orange bouncy boy from the 1960s Disney cartoon is still on lock down. But the A. A. Milne original as illustrated by E. H. Shepard is free for you to use in fiction or art. His friend Winnie the Pooh has made a number of appearances since being freed, most notably in a horror movie, but also a Mint Mobile commercial so maybe Tigger too will have a lot of luck in the public domain.

Other works:

Peter Pan; or the Boy Who Wouldn't Grow Up

Peter Pan is a strange case, even though the play was first mounted in 1904, and the novelization (Peter and Wendy) was published in 1911, The script for the play was not published till 1928 (confusing!) meaning while the novel as been public domain for years the play (which came first) hasn't been, but now it is and people are welcome to mount productions of it.

Millions of Cats

The oldest picture book still in print, did you own a copy growing up? (I did)

Lady Chatterley's Lover

The iconic porn novel that was at the center of a number of groundbreaking obscenity cases in the 1960s and helped establish your right to free speech.

All Quiet on the Western Front and The Threepenny Opera in their original German (but you can translate them if you want), The Mystery of the Blue Train by Agatha Christie, and Orlando by Virginia Woolf will also be joining us in the public domain along with any and all plays, novels, and books published in 1928

for Films we have The Man Who Laughs who's iconic image inspired the Joker

Charlie Chaplin's The Circus, Buster Keaton's The Cameraman, Should Married Men Go Home? the first Laurel and Hardy movie, Lights of New York the first "all talking" movie, The Passion of Joan of Arc, The Wind, as well as The Last Command and Street Angel the first films to win Oscars for Best Actor and Best Actress respectively will all be entering public domain

For Musical Compositions (more on that in a moment) we've got

Mack the Knife by Bertolt Brecht, Let’s Do It (Let’s Fall in Love) by Cole Porter, Sonny Boy by George Gard DeSylva, Lew Brown & Ray Henderson, Empty Bed Blues by J. C. Johnson, and Makin’ Whoopee! by Gus Khan are some of the notables but any piece of music published in 1928 is covered

Any art work published in 1928, which might include works by Frida Kahlo, Georgia O'Keeffe, Alexej von Jawlensky, Edward Hopper, and André Kertész will enter the public domain, we are sure those that M. C. Escher's Tower of Babel will be in the public domain

Swan Song, Public Domain and recorded music

While most things are covered by the Copyright Act of 1976 as amended by the Digital Millennium Copyright Act, none of the copyright acts covered recordings you see when American copyright law was first written recordings did not exist and so through its many amendings no one fixed this problem, movies were treated like plays and artwork, but recorded sound wasn't covered by any federal law. So all sound recordings from before 1972 were governed by a confusing mess of state level laws making it basically impossible to say what was public and what was under copyright. In 2017 Congress managed to do something right and passed the Music Modernization Act. Under the act all recordings from 1922 and before would enter the public domain in 2022. After taking a break for 2023, all sound recordings made in 1923 have entered the public domain today on January 1st 2024, these include.

Charleston by James P. Johnson

Yes! We Have No Bananas (recorded by a lot artists that year)

Who’s Sorry Now by Lewis James

Down Hearted Blues by Bessie Smith

Lawdy, Lawdy Blues by Ida Cox

Southern Blues and Moonshine Blues by Ma Rainey

That American Boy of Mine and Parade of the Wooden Soldiers by Paul Whiteman and his Orchestra

Dipper Mouth Blues and Froggie More by King Oliver’s Creole Jazz Band, featuring Louis Armstrong

Bambalina by Ray Miller Orchestra

Swingin’ Down the Lane by Isham Jones Orchestra

Enjoy your public domain works!

#Copyright #public domain #public domain day #2024 #happy new year #Disney #mickey mouse #minnie mouse #Tigger #Winnie the Pooh #Peter Pan #Charlie Chaplin #buster keaton #cole porter #louis armstrong #M. C. Escher

[the-paper-apricot]

Paul, Porter and "I love you"

The accepted explanation of the writing of the Wings hit 'Silly Love Songs', including that offered several times over the years by Paul McCartney himself, is that it was a riposte to criticism of his more sentimental love songs as light and insignificant.

I was getting slagged off for writing luv songs. You see, I’m looking at love not from the perspective of ‘boring old love’, I’m looking at it like when you get married and have a baby. That’s pretty strong: it’s something deeper.

Paul McCartney, from Club Sandwich N°47/48, Spring 1988 (cited here)

Although I've never seen this discussed anywhere, it's long seemed to me that there's another possible influence on the song. To my knowledge no one has ever asked Paul directly about this, so what follows remains just my headcanon. (If anyone knows something to the contrary, please let me know!)

Cole Porter, another preternaturally talented Gemini lefty.

While writing the songs destined for the musical Mexican Hayride (1944), Cole Porter was presented with a challenge by his close friend Monty Woolley. (Woolley was an American actor who you may remember in the delicious role of the Professor in the Christmassy classic film The Bishop's Wife.) Woolley reasoned that because Porter's songwriting mastery came in part from his unhackneyed, fresh lyrical ideas, he wouldn't be able to write a hit song with the simple, rather too obvious, repeated refrain of "I love you".

Monty Woolley with Cole Porter

It became a $25 wager, and Woolley also stipulated that his friend include reheated stale lines about spring and "birds on the wing". Porter duly wrote 'I Love You', which was the only standout in the show and in time topped the U.S. Hit Parade for several weeks, so he won his bet.

I would quite like to have been sort of a nineteen-twenties writer, 'cause I like that thing, you know. You know, up in top hat and tails and sort of coming on ... so, this kind of number, I like that thing. But, so this is just me doing it, and pretending I'm living in 1925.

Paul McCartney, talking about 'Honey Pie', interview with Radio Luxembourg, 1968

Melvyn Bragg: What's the longest you've ever worked over a song? 'Cause a lot of the lyrics, the more you read them, the more - and then they always read very straightforwardly and seamlessly, but when you read them again and again they're very complicated, and a lot of internal rhyming going on and a lot of extremely clever play. Does that - do you work on them quite hard? Do you go over them again and again? Paul: Well, you know I'm a fan of all that, the old-fashioned writing. You know, sort of Sammy Cahn's era, you know, Cole Porter, and I do like all that, when it comes off! I mean, I hate just silly rhymes, just, you know - but when it really comes off those are great little things in songwriting. So I was always aware of that from people like Cole Porter. So I'd always try and put something like that kinda thing in, sorta little internal rhymes, you were always going for that kinda thing. ... I can't explain it, you know, I've never been able to explain it, but it's like it comes in out of the blue. It sort of comes at you, you know, and - I'm sure the funnel that it's coming through's a lot to do with it, 'cause your little computer in here - my computer's sort of heard Billy Cotton Band Show going back there, you know and Cole Porter there, and this there and it's heard millions of influences through to Chuck Berry ...

from 'Paul McCartney: Songsmith' (The South Bank Show) January 1978

George Eells' book The Life That Late He Led: A Biography of Cole Porter was published in 1967 and remained the definitive life for about a decade. It mentions the 'I Love You' wager (p212), which became one of the better-known song origin anecdotes.

I have no idea if Paul McCartney knew this story. But I can imagine the professional challenge appealing to him, and perhaps especially tempting is the playful pairing of commercial reward with artistic defiance. 'Silly Love Songs', like 'I Love You' before it, was a big hit: Number 2 in the UK chart, and top of the Billboard chart in the States.

Did he dare himself to write a pop chorus that repeated the refrain "I love you", because Porter had done so? I dunno.* For what it's worth, I think the three melodic lines in the chorus of 'Silly Love Songs' exceed Porter's tune in both beauty and memorability.** (Although I do enjoy this sultry version recorded by Julie London.)

(*Just like I don't know if 'Why Don't We Do It In The Road' found any precedent in Porter's celebrated and racy-for-its-day song, 'Let's Do It, Let's Fall in Love'.)

(**But I mean, you'd expect me to say that, you know I've made paper dolls of him in his little Wings outfits tbf.)

#Apricot's headcanon #Silly Love Songs #Paul McCartney #Cole Porter #'I Love You' #this post brought to you by my weird varied interests

[doyouknowthismusical]

#musical theater #do you know this musical #poll #anything goes #cole porter #guy bolton #p g wodehouse #howard lindsay #russell crouse #language: english

[periru3]

Reblog for a bigger sample size - for bonus points tag your favorite musical(s) that didn't win this decade but maybe should have!

Polls for other decades

#bwaypolls #poll #polls #tony awards #broadway #musical theater #classic musicals #musicals #my fair lady #kiss me kate #the music man #cole porter #guys and dolls #rogers and hammerstein

[onefootin1941]

Ann Miller, Cole Porter and Bob Fosse on the set of Kiss Me Kate

#ann miller #cole porter #bob fosse

[modern-day-classic]

I could listen to Hannah singing this forever 😍

#Hannah Waddingham #Cole Porter #Do I Love You? #Her voice kills me always

[newyorkthegoldenage]

Cole Porter's final musical, Silk Stockings, opened on February 24, 1955 at the Imperial Theater. Loosely based on the story and film Ninotchka, it starred Hildegard Neff and Don Ameche. Also in the cast were Gretchen Wyler, David Opatoshu, and a young Julie Newmar. The most famous song from it is "All of You."

Above, first-night crowds entering the theater. Below, two members of the crowd, Lena Horne and her husband, Leonard Hayton.

Top photo: Hans von Nolde for the AP Bottom photo: Associated Press

#vintage New York #1950s #Hans von Nolde #Silk Stockings #Cole Porter #vintage Broadway #musical theater #stage musicals #Lena Horne #Leonard Hayton #musical comedy #All of You

[bestmusicalworldcup]

#best musical world cup #musical theater #best musical #musical theatre #musicals #broadway #theater #theatre #anastasia musical #anastasia #anything goes #godspell #mozart l'opera rock #the light in the piazza #cole porter #ahrens and flaherty #stephen schwartz #best snubbed musical world cup qualifiers #best snubbed musical world cup #polls

[oldshowbiz]

Cocaine finally allowed to be warbled on NBC.

#cole porter #censorship

[guy60660]

Cole Porter 

#cole porter #artist

[creatediana]

"My Dog Doesn't Know It's My Birthday (You're the Cream in My Coffee)" - a Shakespearean sonnet written 4/25/2024

#2024 #it is my birthday #i'm 25 #i know! who could figure out that subtext? #poetry #poem #sonnet #iambic pentameter #iambic meter #shakespearean sonnet #english sonnet #form poetry #birthdays #animals #pets #cole porter #you're the cream in my coffee isn't a cole porter song but i do ALWAYS sing it to dickens #i used to sing it to my old dogs sandy and raider when they were alive too #the habit of singing jazz standards to my dogs is one that has outlived my dogs

[thethirdman8]

#oh man #frank sinatra #cole porter #listen 3 times in a row

[nine-frames]

"End of song, beginning of story."

High Society, 1956.

Dir. Charles Walters | Writ. John Patrick | DOP Paul C. Vogel

#high society #high society 1956 #musical comedy #romantic comedy #cole porter #charles walters #louis armstrong #us film #1950s

[doyouknowthismusical]

#musical theater #do you know this musical #poll #kiss me kate #cole porter #bella spewack #samuel spewack #language: english

[pygartheangel]

#peter bogdanovich #at long last love #cole porter #movie poster #madeline kahn #cybill shepherd #burt reynolds

[monstrousgourmandizingcats]

@whodoesnataliehave tagged me to take screenshot of the last song playing on my playlist and share it. I last listened to a record, not anything digital, so here's a photo of the record instead:

It's pretty good, especially since Cybill Shepherd is and was not really known as a singer.

Tagging @infinitelytheheartexpands, @carys-the-ninth, @itsallwearecalledtodo, @lilaccatholic, @staghunters, and @thatlowdoorinthewall!

#music #personal #give me love give me memes #cybill shepherd #cole porter