How Chuck Berry Became a Beach Boy (and other copyright infringement cases)

Getty Images
Getty Images

A copyright is supposed to protect a creator's intellectual property and ensure that the copyright holder's work isn't nefariously misappropriated. However, they don't always work so well; just ask anyone who has fond memories of Napster circa 2000. Not all copyright battles are Metallica-initiated, though. Take, for example, these three instances of infringement.

Those Freeloading Girl Scouts

When you own the copyright for a song or other original work, you don't just have the exclusive right to record it and create other tangible reproductions. You also own the sole rights to broadcast or perform the song in public. Technically, then, any band or group performing a cover version of one of your songs owes you royalties, as does any hold music an office might play over its phones, which counts as a broadcast.

Since it would be logistically impossible for each band or composer to collect its own royalties from these performances, intermediaries known as performance rights organizations exist. These organizations, the largest two of which in the U.S. are the non-profits BMI and ASCAP, manage huge portfolios of songs, collect royalties from music venues, bars, restaurants, and other places live covers or recorded music are played, and then reimburse the copyright holders.

This system's interesting, to be sure, but what does it have to do with the Girl Scouts? In 1995, ASCAP decided that summer camps were getting away with publicly performing copyrighted campfire songs without paying any licensing royalties. From a legal standpoint, ASCAP was within its rights, but its request that even large non-profit camp directors pay annual fees of as much as $1400 or face six-figure fines or a year in prison didn't sit well with the public. Girl Scout camps were hit particularly hard, and TV reports and a major story in the Wall Street Journal recounted tales of young lasses having to learn the Macarena in silence.

Public opinion swayed against ASCAP as further tales recounted birthdays passing with no singing of "Happy Birthday" lest a camp director be forced to spend hard time, and the copyright holders eventually relented. ASCAP now charges the Girl Scouts $1 a year to license its portfolio, a symbolic compromise that reasserts the group's ability to demand these kind of fees.

Apple Gets Less Creative

In June 2007, the beloved Apple Computers had a copyright tiff of its own. Photographer Louis Psihoyos claimed that the tech giant, which has been praised for its creative and clever advertising, ripped off his image of a wall of video screens in a spot for Apple TV. The two images were uncomfortably similar: Psihoyos' depicted a seated figure surrounded by a wall of videos, whereas Apple's was pretty much the same save that it didn't include the figure. Worse still for Apple, Psihoyos' lawyer claimed that Apple had been in negotiations to license the image, then reneged on the potential deal and used the image anyway.

Psihoyos filed suit against Apple in U.S. District Court, but in December he reversed field and withdrew the action. However, the suit was dropped with prejudice, meaning that the artist could still receive a settlement.

When Chuck Berry Became a Beach Boy

If you think wholesale pilfering of songs began when Vanilla Ice swiped the bass line from David Bowie and Queen's song "Under Pressure" for "Ice, Ice Baby," think again. Far more revered artists have given in to the temptation to lift more than a chord or two. Take, for instance, the Beach Boys' classic anthem "Surfin' USA." The 1963 hit single listed Beach Boy Brian Wilson as the sole composer of the track, but the melody was a complete replication of Chuck Berry's "Sweet Little Sixteen." You can judge for yourself:

When Chuck Berry accused Brian Wilson of bogarting his melody, the Beach Boys' manager, Wilson's father Murray, gave Berry the copyright to the tune. He didn't tell the members of the band, however, who supposedly only learned 25 years later that they weren't getting royalties from this song and that Berry now receives credit for writing it. Berry, for his part, supposedly enjoyed "Surfin' USA."

Ethan Trex grew up idolizing Vince Coleman, and he kind of still does. Ethan co-writes Straight Cash, Homey, the Internet's undisputed top source for pictures of people in Ryan Leaf jerseys.

14 Things You Might Not Have Known About James K. Polk

Matthew Brady/Getty Images
Matthew Brady/Getty Images

James K. Polk may have served just one term, but he was one of history’s most consequential U.S. presidents. Polish up on Young Hickory, America's 11th Commander in Chief.

1. James K. Polk had surgery to remove urinary bladder stones when he was 16.

Born on November 2, 1795, James Knox Polk was the oldest of 10 children born to Samuel Polk, a farmer and surveyor, and his wife, Jane. When James was 10, the family moved to Tennessee and settled on a farm in Maury County. As a child, James was too ill to attend formal school; just before he turned 17, he had urinary bladder stones surgically removed by Ephraim McDowell, a prominent Kentucky surgeon. Anesthesia wasn’t available at that time, so the future president reportedly dulled the pain with brandy. The surgery allowed the formerly ill Polk to attend formal schooling for the first time. He entered the University of North Carolina as a sophomore after just 2.5 years of formal schooling. According to Britannica, "as a graduating senior in 1818 he was the Latin salutatorian of his class—a preeminent scholar in both the classics and mathematics." After graduation, he returned to Tennessee to study law and eventually opened up his own practice.

2. James K. Polk won a seat on the Tennessee Legislature at 27, and the U.S. House of Representatives at 29.

During his time in the state legislature, he met—and befriended—future president Andrew Jackson. He also began courting his future wife, Sarah Childress. The daughter of a prominent planter, she had been educated at the prestigious Moravian Female Academy in Salem, North Carolina, and was an eager and active participant in his political campaigns. Polk and Sarah married in 1824. In 1825, Polk was elected to the U.S. House of Representatives; he was speaker of the House from 1835 until he left in 1839 to become governor of Tennessee.

3. James K. Polk's nomination for president surprised everyone—including himself.

Months before the democratic national convention of 1844, Polk was at a low point. He had just lost his bid to be re-elected governor of Tennessee (he had been voted out of office in 1841 and tried—and failed—to be elected again in 1843). But when the delegates at the convention couldn’t agree on a nominee—the party was deadlocked between Martin Van Buren and Lewis Cass—they eventually decided to compromise by picking a “dark horse” candidate: Polk.

4. Everyone thought James K. Polk would lose his bid for the presidency.

Despite being a seven-time congressman, a former Speaker of the House, and an ex-governor, Polk was a relative nobody. His opponent Henry Clay lamented that Democrats had failed to choose someone “more worthy of a contest.” Despite the doubts, Polk won the popular vote by nearly 40,000 and the Electoral College 170-105.

5. During James K. Polk's White House "office hours," any American could stop by.

During Polk’s day, anybody was permitted to visit the White House for “office hours.” For two days every week, concerned citizens and lobbyists could drop by to vouch for a cause or ask for political favors. “Job seekers were the worst, in Polk’s view, and he found their incessant interruptions far more annoying than his Whig opponents in Congress,” writes Walter R. Borneman in his book Polk: The Man Who Transformed the Presidency and America.

6. James K. Polk was remarkably boring.

Polk had as much charisma as a puddle of mud. He was straight-laced, somber, and humorless. As Speaker, an editor in Washington called him the "most unpretending man, for his talents, this, or perhaps any country, has ever seen." Some attributed Polk’s boringness to his refusal to drink socially. The politician Sam Houston supposedly called him “a victim of the use of water as a beverage.” (Sarah banned hard liquor—and dancing—from the White House.)

7. James K. Polk worked 12 hour days and didn't take much time off from the presidency.

Polk regularly spent 12 hours a day at the office. He rarely left Washington, took advice, or delegated. When he wanted to lobby for policy, he’d visit Congress and do it himself. Over the course of his single term, Polk took a total of just 27 days off. “No President who performs his duty faithfully and conscientiously can have any leisure,” Polk wrote.

8. James K. Polk acquired America's first patch of Pacific coastline.

In the early 19th century, the Pacific Northwest was jointly occupied by British and American settlers. But as the century progressed, Americans began to outnumber the British, and they increasingly felt like the rightful owners of the “Oregon Country.” Thankfully, neither country was interested in battling over the land. In 1846, Polk and the British drew a border at the 49th parallel (with some adjustment for Vancouver Island)—what is now Washington State’s boundary with Canada. With that, the United States obtained its first uncontested patch of Pacific coastline.

9. James K. Polk waged a controversial—and consequential—war with Mexico.

In the 1840s, Mexico’s border encompassed California, the American southwest, and even parts of Colorado and Wyoming. Polk wanted this land. In 1845, he offered to buy some disputed territory near the Texas-Mexico border, as well as land in California; when Mexico refused, Polk sent troops into the disputed territory. Mexico retaliated. Polk then requested Congress to declare war. His critics (including a young Abraham Lincoln) complained that Polk had deliberately provoked Mexico. Whatever Polk’s motivations, the United States lost 13,000 men and approximately $100 million in the ensuing war—but succeeded in taking one-third of Mexico’s land.

10. James K. Polk is the reason the United States stretches from the Atlantic Ocean to the Pacific Ocean.

In the course of just one term, Polk oversaw one of the greatest territorial expansions of any president—an increase of 1.2 million square miles. His administration extended the United States boundary to the Pacific Ocean and laid the groundwork for states such as California, Utah, Nevada, Arizona, New Mexico, Colorado, Washington, Idaho, Oregon, and Montana.

11. James K. Polk's ambivalence toward the issue of slavery may have sparked the Civil War.

When Polk’s administration began pushing westward, debate raged over how these new territories could alter the power balance between free and slave states. Polk, who considered slavery a side issue, refused to give the rancor much time or attention. (No doubt because of his own relationship with slavery. He owned more than 20 enslaved people and brought them to the White House.) Polk’s ambivalence helped sow so much discord that historians now consider his rapid expansion westward as the first steps toward the Civil War.

12. James K. Polk signed bills that reshaped Washington, D.C.

Polk accomplished a lot in just four years. During his tenure, he signed the Smithsonian Institution into law. He was instrumental to the construction of the Washington Monument and helped establish the U.S. Naval Academy in Annapolis, Maryland. He also re-established an independent U.S. Treasury, which was partly intended to reduce the role of speculation in the economy.

13. James K. Polk's administration introduced Americans to the postage stamp.

One of Polk’s unofficial campaign managers was a Nosferatu-lookalike named Cave Johnson, who Polk rewarded with a job as Postmaster General. It was a tough gig. The post office’s budget was swimming in red ink. (At the time, mail recipients paid postage: If a mail carrier failed to find a recipient, no money was made. This happened a lot.) Johnson fixed the financial problem by introducing the prepaid postage stamp, which flipped the responsibility of paying to senders. According to historian C. L. Grant, in 1845, Johnson estimated that the department would have a deficit of over a million dollars. By the time he left that was down to $30,000.

14. The location of James K. Polk's grave is causing a stir in Tennessee.

Polk died, likely of cholera, in 1849, just months after leaving office. Because he died of an infectious disease, the president was hastily buried in a city cemetery near the outskirts of Nashville. Months later, he was re-interred near his Nashville mansion, Polk Place. In 1893, his tomb was moved again to the state Capitol grounds. Today, Tennessee legislators are actively debating whether to move Polk’s bones a fourth time, this time to his old family home in Columbia, Tennessee.

10 Complicated Facts About Shaft

Richard Roundtree stars in Shaft (1971).
Richard Roundtree stars in Shaft (1971).
MGM

On July 2, 1971, moviegoers caught their first glimpse of John Shaft, the "black private dick that’s a sex machine to all the chicks." Today, Shaft is considered one of the grandfathers of the blaxploitation genre—and it’s got one of the most recognizable soundtracks of all time. While Samuel L. Jackson has taken on the role for a new generation here are some interesting facts about the original film's creation and release. If you picked up on why Shaft and his associates call everyone "mother," you’re smarter than at least one unfortunate reporter.

1. A white newspaper reporter created Shaft.

John Shaft made his debut in Shaft, a novel by Ernest Tidyman. Tidyman was a reporter for The Cleveland News, The New York Post, and The New York Times before he began writing the Shaft series, which included seven detective stories. Along with John D.F. Black, he adapted his first Shaft book into the screenplay for the first film. He would later go on to write the screenplays for The French Connection (1971) and High Plains Drifter (1973) as well as Shaft’s Big Score! (1972) and the Shaft TV series (1973-1974). His work earned him an NAACP Image Award.

2. The studio wanted to shoot Shaft in Los Angeles.

Shaft was filmed entirely in New York City, which is clearly illustrated by the shots of Times Square and Greenwich Village. But it nearly wasn’t. In his autobiography, Voices in the Mirror, director Gordon Parks recalled how he received word from MGM mere hours before he was set to commence filming that he was to return to Los Angeles and shoot the movie there. Apparently it was a budgetary issue, but Parks wasn’t having it. He flew back to the West Coast and essentially told the studio heads he would quit if he couldn’t shoot in Manhattan. "It has to have the smell of New York," Parks insisted. The director won out, and his nightmare of a Harlem in Hollywood was never realized.

3. Shaft's mustache was non-negotiable.

The Los Angeles fiasco was behind him, but Parks immediately faced another scare when he spied his star, Richard Roundtree, heading to the bathroom with a towel and razor. Producer Joel Freeman had asked him to get rid of his soon-to-be legendary mustache. Parks told Roundtree emphatically, “Shave it off and you’re out of a job.” And with that, the ‘stache stayed in the picture.

4. Gordon Parks put his magazine in the movie.

In the movie’s opening sequence, Shaft stops to talk to a blind newsstand vendor. The magazine Essence is prominently displayed—and that’s no accident; Parks helped found the publication and served as its editorial director for its first three years in print.

5. Bumpy Jonas was based on a real mobster.

Shaft spends most of the movie tracking down a kidnapped girl. She’s the daughter of Harlem crime kingpin Bumpy Jonas, and Bumpy was not a Hollywood invention. He was based on Ellsworth “Bumpy” Johnson, who ruled the Harlem crime scene from the 1930s through the 1960s. He had ties to the infamous murder of Dutch Schultz and mentored Frank Lucas, the notorious heroin dealer Denzel Washington played in American Gangster. Fictionalized versions of Johnson have also appeared in movies like The Cotton Club and Hoodlum.

6. Gordon Parks made a cameo.

Parks appears briefly in the montage of Shaft searching for Ben Buford. He’s the landlord with the pipe, who complains that he’s also looking for Buford, who owes him six months of rent.

7. Muhammad Ali's trainer had a bit role.

Drew Bundini Brown was a well-known member of Muhammad Ali’s entourage. He worked as an assistant trainer, and was famous for the “float like a butterfly, sting like a bee” bit he performed with Ali for the cameras. But when he wasn’t in Ali’s corner, Brown was busy racking up movie credits. His first was Shaft, where he played one of Bumpy Jonas's men.

8. "Skloot Insurance" was a nod to a crew member.

Shaft’s office is sandwiched in between Acme Imports Exports Inc. and Skloot Insurance. The latter is a reference to Steven P. Skloot, the movie’s unit production manager.

9. Parks had to explain what "shaft" and "mother" meant to a reporter.

When Parks flew to London to do publicity for the film, he ended up giving an impromptu vocabulary lesson. At a press screening, a confused British reporter asked the director what “shaft” really meant. Parks replied by smiling and sticking his middle finger up in the air, explaining that was “the most honest answer” he could give. But the reporter was persistent and followed up by asking why the characters called each other “mother.” Parks really didn’t know how to answer that one, but luckily, a woman in the audience swooped in. “You’ve heard of Smucker’s jam, young man,” she said. “Just snip out the first two letters and add an ‘f’ and you’ll get the message.”

10. Isaac Hayes was the first black composer to win an Oscar.

Isaac Hayes’s ubiquitous “Theme from Shaft” earned him a 1972 Academy Award for Best Original Song. This win was historic for many reasons: For one, Hayes was the first black composer to score an Oscar. But he was also only the third African American to win an Oscar, period. Prior to 1973, the only other black Academy Award winners were Hattie McDaniel (Best Supporting Actress for Gone with the Wind) and Sidney Poitier (Best Actor for Lilies of the Field).

This story has been updated for 2019.

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