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

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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.

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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

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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.

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FRED TANNEAU/AFP/Getty Images
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Animals
Fisherman Catches Rare Blue Lobster, Donates It to Science
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FRED TANNEAU/AFP/Getty Images

Live lobsters caught off the New England coast are typically brown, olive-green, or gray—which is why one New Hampshire fisherman was stunned when he snagged a blue one in mid-July.

As The Independent reports, Greg Ward, from Rye, New Hampshire, discovered the unusual lobster while examining his catch near the New Hampshire-Maine border. Ward initially thought the pale crustacean was an albino lobster, which some experts estimate to be a one-in-100-million discovery. However, a closer inspection revealed that the lobster's hard shell was blue and cream.

"This one was not all the way white and not all the way blue," Ward told The Portsmouth Herald. "I've never seen anything like it."

While not as rare as an albino lobster, blue lobsters are still a famously elusive catch: It's said that the odds of their occurrence are an estimated one in two million, although nobody knows the exact numbers.

Instead of eating the blue lobster, Ward decided to donate it to the Seacoast Science Center in Rye. There, it will be studied and displayed in a lobster tank with other unusually colored critters, including a second blue lobster, a bright orange lobster, and a calico-spotted lobster.

[h/t The Telegraph]

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Courtesy Murdoch University
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Animals
Australian Scientists Discover First New Species of Sunfish in 125 Years
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Courtesy Murdoch University

Scientists have pinpointed a whole new species of the largest bony fish in the world, the massive sunfish, as we learned from Smithsonian magazine. It's the first new species of sunfish proposed in more than 125 years.

As the researchers report in the Zoological Journal of the Linnean Society, the genetic differences between the newly named hoodwinker sunfish (Mola tecta) and its other sunfish brethren was confirmed by data on 27 different samples of the species collected over the course of three years. Since sunfish are so massive—the biggest can weigh as much as 5000 pounds—they pose a challenge to preserve and store, even for museums with large research collections. Lead author Marianne Nyegaard of Murdoch University in Australia traveled thousands of miles to find and collected genetic data on sunfish stranded on beaches. At one point, she was asked if she would be bringing her own crane to collect one.

Nyegaard also went back through scientific literature dating back to the 1500s, sorting through descriptions of sea monsters and mermen to see if any of the documentation sounded like observations of the hoodwinker. "We retraced the steps of early naturalists and taxonomists to understand how such a large fish could have evaded discovery all this time," she said in a press statement. "Overall, we felt science had been repeatedly tricked by this cheeky species, which is why we named it the 'hoodwinker.'"

Japanese researchers first detected genetic differences between previously known sunfish and a new, unknown species 10 years ago, and this confirms the existence of a whole different type from species like the Mola mola or Mola ramsayi.

Mola tecta looks a little different from other sunfish, with a more slender body. As it grows, it doesn't develop the protruding snout or bumps that other sunfish exhibit. Similarly to the others, though, it can reach a length of 8 feet or more. 

Based on the stomach contents of some of the specimens studied, the hoodwinker likely feeds on salps, a jellyfish-like creature that it probably chomps on (yes, sunfish have teeth) during deep dives. The species has been found near New Zealand, Australia, South Africa, and southern Chile.

[h/t Smithsonian]

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