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

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.

job secrets
10 Secrets of Hotel Room Service

Guests visiting New York City's Waldorf Astoria hotel in the 1930s enjoyed an amenity that was unheard of at the time: waiters delivering meals directly to their rooms. While the Astoria’s reputation for luxury has endured, room service is no longer exclusive to five-star stays. Roughly 22 percent of the country’s 54,000 hotels [PDF] are willing and able to bring breakfast, lunch, or dinner to people who prefer to eat while splayed out on a large and strange bed.

To get the scoop on what goes into getting food from the kitchen to your floor, Mental Floss spoke with Matt, a hospitality specialist who spent a total of 10 years working in and around room service for a major San Francisco hotel. Matt preferred not to use his last name; since his stories sometimes involved naked people, undercooked chicken, and Oprah, you can understand why. Below, check out a few things you should know before you dig into that tray.


When a room service delivery employee takes a tray from the kitchen to your room, it’s typically covered in a metal lid to retain heat and to prevent other guests from sneezing on it. The higher up you are, the longer it has to travel—and the more that lid traps steam, soaking your food in moisture. “Food sweats in there,” Matt says. “Instead of having crispy, toasted bread, you get wet toast. The longer it stays in there, the worse it gets.” If you want crunchy fries, you’d better be on the first couple of floors.


A seafood dinner is presented on a plate

That lid is a nuisance in other ways. Because it traps heat, it’s effectively cooking your food in the time it takes to get from the chef’s hands to yours. “If you order a steak medium, it will probably be medium well by the time it gets to you,” Matt says. While you can try to outsmart the lid by requesting meat be cooked a notch lower than your preference, it's not so easy to avoid overcooked fish—which will probably also stink up your room. Instead, stick with burgers, club sandwiches, or salads. According to Matt, it’s hard to mess any of them up.


Just because you see a menu in your room, it doesn’t mean the hotel has a kitchen or chef on-site. To cut costs, more hotels are opting to out-source their room service to local eateries. “It might be ‘presented’ by the hotel, but it’s from a restaurant down the street,” Matt says. Alternately, hotels might try to save money by eliminating an overnight chef and having food pre-prepped so a desk clerk or other employee can just heat it up. That’s more likely if sandwiches or salads are the only thing available after certain hours.


Two coffee cups sit on a hotel bed

No, not for the reason you’re thinking. Because so many hotel guests are business travelers who are away from home for weeks or months at a time, some of them get tired of eating alone. When that happens, they turn to the first—and maybe only—person who could offer company: the room service waiter. “People are usually traveling alone, so they’ll offer you food,” Matt explains. Sometimes the traveler is a familiar face: According to Matt, he once sat down to eat with Oprah Winfrey, who was eating by herself despite her suite being filled with her own employees. He also says he had a bite with John F. Kennedy Junior, who wanted to finish watching Fast Times at Ridgemont High before heading for his limo.


Busy hotel kitchens aren’t always paying attention to whether the chicken wings they buy in bulk are frozen raw, frozen cooked, or somewhere in between. “Ask for them extra crispy,” Matt says. That way, they’ll be cooked thoroughly regardless of their freezer status. “I recommend that to everyone.”


A hotel guest pours milk into a bowl of cereal

Breakfast is undoubtedly the busiest time for room service, and those little cards that allow you to check off your menu items the night before are a huge help. “It’s great for everybody involved,” Matt says. “The kitchen can pace themselves and you can get your food on time.”


Yes, guests answer the door barely clothed. No, this is not optimal. “We don’t want to see it,” Matt says. “It's something we dealt with numerous times.” While it's likely your waiter will use discretion, any combination of genitalia, drugs, or illicit activity is best kept out of their sight.


A hotel room service tray sits in a hallway

That move where you stick your soggy fries outside your door? It can lead to some awkward encounters. Matt says he’s seen other guests stop, examine trays, and then pick up discarded food from them. Other times, people leave unimaginably gross items on the trays. “I’ve found condoms on there. Divorce paperwork. All kinds of things.”


Weird people aside, “We don’t really want it out there,” Matt says. “It stinks.” Instead, dial 0 for the front desk and let them know you’re done eating. They’ll dispatch someone to come and get it.


A tip is placed near a hotel check

People pay out the nose for room service, with hotels adding surcharges for “service” and “in-room” dining that can turn a $5 club sandwich into a $15 expense. That’s not great news for guests, but it does mean you don’t need to feel bad about not offering a cash tip. Those service fees usually go straight to the employees who got your food to your room. “I never tip,” Matt says. “Most of the time, the service and delivery charges are given to the waiter or split between the people who answered the phone and pick up the tray. It’s better to leave it all on paper to make sure it gets divided up.”

Big Questions
What is Mercury in Retrograde, and Why Do We Blame Things On It?

Crashed computers, missed flights, tensions in your workplace—a person who subscribes to astrology would tell you to expect all this chaos and more when Mercury starts retrograding for the first time this year on Friday, March 23. But according to an astronomer, this common celestial phenomenon is no reason to stay cooped up at home for weeks at a time.

"We don't know of any physical mechanism that would cause things like power outages or personality changes in people," Dr. Mark Hammergren, an astronomer at Chicago's Adler Planetarium, tells Mental Floss. So if Mercury doesn’t throw business dealings and relationships out of whack when it appears to change direction in the sky, why are so many people convinced that it does?


Mercury retrograde—as it's technically called—was being written about in astrology circles as far back as the mid-18th century. The event was noted in British agricultural almanacs of the time, which farmers would read to sync their planting schedules to the patterns of the stars. During the spiritualism craze of the Victorian era, interest in astrology boomed, with many believing that the stars affected the Earth in a variety of (often inconvenient) ways. Late 19th-century publications like The Astrologer’s Magazine and The Science of the Stars connected Mercury retrograde with heavy rainfall. Characterizations of the happening as an "ill omen" also appeared in a handful of articles during that period, but its association with outright disaster wasn’t as prevalent then as it is today.

While other spiritualist hobbies like séances and crystal gazing gradually faded, astrology grew even more popular. By the 1970s, horoscopes were a newspaper mainstay and Mercury retrograde was a recurring player. Because the Roman god Mercury was said to govern travel, commerce, financial wealth, and communication, in astrological circles, Mercury the planet became linked to those matters as well.

"Don’t start anything when Mercury is retrograde," an April 1979 issue of The Baltimore Sun instructed its readers. "A large communications organization notes that magnetic storms, disrupting messages, are prolonged when Mercury appears to be going backwards. Mercury, of course, is the planet associated with communication." The power attributed to the event has become so overblown that today it's blamed for everything from digestive problems to broken washing machines.


Though hysteria around Mercury retrograde is stronger than ever, there's still zero evidence that it's something we should worry about. Even the flimsiest explanations, like the idea that the gravitational pull from Mercury influences the water in our bodies in the same way that the moon controls the tides, are easily deflated by science. "A car 20 feet away from you will exert a stronger pull of gravity than the planet Mercury does," Dr. Hammergren says.

To understand how little Mercury retrograde impacts life on Earth, it helps to learn the physical process behind the phenomenon. When the planet nearest to the Sun is retrograde, it appears to move "backwards" (east to west rather than west to east) across the sky. This apparent reversal in Mercury's orbit is actually just an illusion to the people viewing it from Earth. Picture Mercury and Earth circling the Sun like cars on a racetrack. A year on Mercury is shorter than a year on Earth (88 Earth days compared to 365), which means Mercury experiences four years in the time it takes us to finish one solar loop.

When the planets are next to one another on the same side of the Sun, Mercury looks like it's moving east to those of us on Earth. But when Mercury overtakes Earth and continues its orbit, its straight trajectory seems to change course. According to Dr. Hammergren, it's just a trick of perspective. "Same thing if you were passing a car on a highway, maybe going a little bit faster than they are," he says. "They're not really going backwards, they just appear to be going backwards relative to your motion."

Embedded from GIFY

Earth's orbit isn't identical to that of any other planet in the solar system, which means that all the planets appear to move backwards at varying points in time. Planets farther from the Sun than Earth have even more noticeable retrograde patterns because they're visible at night. But thanks to astrology, it's Mercury's retrograde motion that incites dread every few months.

Dr. Hammergren blames the superstition attached to Mercury, and astrology as a whole, on confirmation bias: "[Believers] will say, 'Aha! See, there's a shake-up in my workplace because Mercury's retrograde.'" He urges people to review the past year and see if the periods of their lives when Mercury was retrograde were especially catastrophic. They'll likely find that misinterpreted messages and technical problems are fairly common throughout the year. But as Dr. Hammergren says, when things go wrong and Mercury isn't retrograde, "we don't get that hashtag. It's called Monday."

This story originally ran in 2017.


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