Disney

Here Is A Law Suit To Root For

/ Jack Marshall / 10 Comments

birthdaycake1The continuing charging of licensing fees for commercial use of that most public of songs, “Happy Birthday,” has been an annoying anomaly for as long as I can remember. Why did TV families always sing some lame approximation or substitute when a character had a birthday? Just last week, I expressed my chagrin when Tom Selleck’s extended family on “Blue Bloods” brought out  granddad  Len Cariou’s birthday cake, blazing with candles, as they sang, “For He’s A Jolly Good Fellow!” Who sings that at a birthday party today? People who don’t want to be held up for the licensing rights for a song over a century old, that’s who. I believe the first time this issue imposed itself on my consciousness was when they sang some lame birthday song stand-in on “The Flintstones.”

Jennifer Nelson, a film-maker, has had enough. She was producing a documentary movie about the song, and naturally wanted it to be performed at one point in her film. Like many before her, she was told she would have to pay $1,500  via a licensing agreement with Warner/Chappell, the publishing arm of the Warner Music Group, which acquired the rights to the song  in 1988.  Nelson’s company paid the fee and is now seeking certification for a class action law suit arguing that “Happy Birthday”  is in the public domain, and has been. Warner/Chappell collects about $2 million a year in licensing fees for it, and the suit seeks return of the  fees it collected over  the last four years. The lawsuit cites the research of Robert Brauneis, a professor at the George Washington University Law School and the author of a 68-page article titled “Copyright and the World’s Most Popular Song.” In the study, Professor Brauneis demonstrates, to his satisfaction at least, that the Hill sisters,  Mildred and Patty, wrote a song in the late 1800s with the same melody called “Good Morning to All.” Nobody is certain who wrote the lyrics referring to a birthday, but it was in popular use as early as 1911. Continue reading →

Musings on the Strange Case of the Call Girl Olympian

/ Jack Marshall / 12 Comments
Favor Hamilton, Olympian, call girl. in a recent promotional shot for browsing johns. "Faster, Higher, Stronger!"

Favor Hamilton, Olympian, call girl. in a recent promotional shot for browsing johns. “Faster, Higher, Stronger!”

The Smoking Gun, in what has to constitute the most ready-made plot for a cheesy movie in history, has obtained documents showing that three-time Olympian runner Suzy Favor Hamilton spent the last year living a secret life as a Las Vegas call girl. The entire story is jaw-dropping, including Hamilton’s comments about it once she was confronted with imminent exposure. It also raises some vivid ethical issues, as you might expect.

Beginning last December, the 44-year-old Hamilton  started working under the fake name “Kelly Lundy” with one of Las Vegas’s premier escort services, booking what the Smoking Gun terms as “scores of ‘dates'” in Vegas, where prostitution (I was surprised to learn) is illegal (though it is legal in other parts of Nevada), as well as Los Angeles, Chicago, Houston and other cities, where it is also against the law. She apparently was outed after she told one of her clients who she really was, and he couldn’t keep a secret.

Hmmmm.

A few observations: Continue reading →

The “Your Right To Engage in Ignorant and Dangerous Speech Doesn’t Mean It Isn’t Unethical For Me To Help It Be As Loud As Possible” Dept.: ABC Full Circle and WordPress

/ Jack Marshall / 8 Comments

Defending free speech doesn't mean you have to put dangerous speech where it will do the most damage...like 100 feet tall in Times Square.

As the New Year dawns, we see two companies in the communications business, and two situations raising the question, is it ethical or unethical to allow someone to use your product or service to broadcast harmful speech?

They took different paths, and both are being criticized. One company is ethical, the other is not.

The ethical company is WordPress.

A few days ago it took down one of its sites, Bare Naked Islam, after The Council on American-Islamic Relations (CAIR) complained that the site promoted violence against Muslims, which it surely did. When Muslims placed comments on the site, Bare Naked Islam published the IP and e-mail addresses of the commenters and suggested reprisals. Nonetheless, because it was CAIR’s complaint that triggered the removal, WordPress was criticized mightily in the conservative blogosphere for doing a Comedy Central—censoring legitimate free speech out of fear of Muslim violence. There is a very large distinction, however, between abandoning free speech in response to threats, as Comedy Central did in the infamous “South Park” incident, and responding responsibly to a legitimate complaint. Continue reading →

The Attack of the Grievance Bullies Continues…on “Napoleon Dynamite”???

/ Jack Marshall / 1 Comment

So...I guess "Tropic Thunder" is out of the question, right?

A bulletin from the Austin (Texas) Parks Foundation:

“The Austin Parks Foundation is canceling tonight’s (Wed, 5/25) showing of Napoleon Dynamite at Republic Square. A new movie will be shown next month. A number of people contacted us objecting to a word used by actors in the movie. We didn’t recall that this word was used and we did not mean to offend anyone. Our apologies for this as well as for the last minute cancellation.”

The PG movie, you see, about a maladroit teen, upset advocates and defenders of the mentally challenged, or whatever code words are deemed politically correct these days–I haven’t checked my “Offense-O-Meter” in the last couple days—because one of the characters uses the word “retarded” exactly once…not to describe someone who is actually laboring with a disability, mind you, but to insult his friend, as teenagers are wont to due, and as they were especially wont to do in the Eighties, when “retarded” was used the way my generation used “spaz.” In other words, there was no justification whatsoever for either the complaint or the movie’s cancellation. Continue reading →

Ethics Dunce: NBC

/ Jack Marshall / 13 Comments

An Ethics Dunce, in ten easy steps

  1. General Electric Co. earned $14.2 billion in worldwide profits last year, including $5.1 billion in the United States, and paid exactly zero dollars in federal taxes.
  2. This especially interesting because Jeffrey Immelt, G.E’s CEO, is also the Obama’s administration’s link to corporate America.
  3. The story was widely reported by the New York Times, The Washington Post, the Wall Street Journal, USA Today, ABC, CBS, Fox, CNN, and thousands of lesser media outlets.
  4. NBC is owned by General Electric.
  5. NBC could not find room in its news broadcasts for the tax story. Continue reading →

Wildlife Documentary Deception

/ Jack Marshall / 7 Comments

Great. CNN and NBC weren’t enough: now we can’t trust the National Geographic channel and Animal Planet.

Chris Palmer, a veteran wildlife photographer, recently went on NPR to talk about his new book. In Shooting in the Wild: An Insider’s Account of Making Movies in the Animal Kingdom, Palmer reveals the secrets of his trade, which apparently include renting trained animals when the ones in the wild won’t cooperate and putting M&M’s in the carcasses of prey, so the predators eat with gusto. He also expound on the use of a sound-effects technician to simulate sounds of animals breathing, chewing, drinking and flying. “You can’t get close enough to a bear to record his breath or his splashing in the water. If you got that close, you’d be in great danger,” he told NPR.

Although Palmer attributes the increase in the use of staged and fake footage in nature films to tighter budgets and shooting schedules, surely we had an inkling that this went on from the very beginning. The inventor of the form, Walt Disney, used animals as documentary actors in movies like “The Incredible Journey,” and I always assumed that Disney’s “true life adventure” nature films like “Jungle Cat” and “The Living Desert” included staged scenes, including battles between animals that were far from spontaneous.

Disney, however, is in the entertainment business. When wildlife documentaries announce themselves as real, they should be real, and if the producers staged sequences, rented animals, or used M&M’s, they have an ethical obligation to tell the audience. This goes for sounds as well. After all, there are people who think big snakes make the roaring sound the CGI villain makes in “Anaconda”; the fake sounds in nature films mislead many more. Real life footage is supposed to teach us something, not stuff our heads full of more misinformation.

That’s the job of CNN and NBC.

There is a lot of amazing wildlife footage that is not staged; the question now, in light of Palmer’s book, is how we are supposed to identify the fakes. The sound effects are a good clue. I will say this: if I find out that the story of Christian the lion was faked, I’m going to be angry.

But there is always “the battle at Kruger.”

[Thanks to Lauren Larson for the tip.]

It’s Ethics Dunce vs Ethics Dunce, as the DNC Condemns Fox For Not Giving Most Of Its PAC Money To Democrats, Like Objective Media Companies Do

/ Jack Marshall / 2 Comments

It took multilateral stupidity and hypocrisy to do it, but at least the issue is out in the open. The issue is whether media companies who cover politics under the guise of being objective should be giving large campaign checks to the political parties, especially when they give more to one party than another. Does the arm’s length relationship essential to objective reporting survive six and seven-figure donations? At very least, should media companies be required to make their political contribution choices very public?

This issue was raised in the wake of the parent corporation of Fox News, News Corporation, foolishly giving a whopping $1 million to the Republican Governors Association. This over-shadowed any amount the company has contributed though its political action committee to Democratic groups or causes, so the Democratic National Committee pounced, saying snidely:

“‘Fair and Balanced’ has been rendered utterly meaningless. Any pretense that may have existed about the ties between Fox News and the Republican Party has been ripped violently away. No Republican who appears on Fox can be seen as answering to an independent press and all should appear with a disclaimer for who they truly are – the favored candidate of the corporate-friendly network. No Fox News political coverage can be seen as impartial and all of it should have a disclaimer for what it truly is – partisan propaganda.” Continue reading →

The Ethics Of Ending Public Broadcasting

/ Jack Marshall / 3 Comments

The seeming inability of elected officials and politicians to deal with basic decisions involving responsibility, prudence, accountability and honesty is coming into sharp focus as yet another debate over taxpayer-funded public broadcasting on PBS and NPR gets underway.

Colorado Congressman Doug Lamborn has introduced legislation that would cut all federal funding, an estimated annual $420 million, for public radio and television as part of the necessary effort to close the nation’s more than $13 trillion debt. As one of thousands of measures that will have to be taken to stave of fiscal catastrophe in the future, the move is truly a no-brainer, an example of the standard budget-balancing strategy of eliminating the most non-essential expenses, no matter how nice it may have been to have them when resources were more plentiful. In a rational, ethical environment where politicians didn’t regard their interest group contributors as more important than the welfare of the nation as a whole, Lamborn’s proposal wouldn’t be considered controversial. The rational response from all would be, “Well, of course! That’s $420 million that can be better used.”

But no. Continue reading →

The F.T.C. vs. the Singing Pirate’s Not-So-Free Credit Reports

/ Jack Marshall / 2 Comments

What does it say about the futility of federal regulators when the Federal Trade Commission thinks the best way to combat misleading commercials for “free credit reports” is to use taxpayer funds to produce and run a parody of  those ads? That’s right: the government is running TV commercials designed to look like the commercials that try to confuse consumers into using  a costly credit service rather than the government’s free service. Continue reading →