Tuesday, September 22, 2015
'Happy Birthday' song copyright is not valid, judge rules - LA Times
Christine Mai-Duc contact the reporter
In a stunning reversal of decades of copyright claims, a federal judge in Los Angeles has ruled that Warner/Chappell Music does not hold a valid copyright claim to the "Happy Birthday To You" song.
Warner had been enforcing its copyright claim since it paid $15 million to buy Birch Tree Group, the successor to Clayton F. Summy Co., which owned the original copyright. The song brings in about $2 million a year in royalties for Warner, according to some estimates.
Judge George H. King ruled Tuesday afternoon that a copyright filed by the Summy Co. in 1935 granted only the rights to specific arrangements of the music, not the actual song.
"Because Summy Co. never acquired the rights to the Happy Birthday lyrics," wrote King, "Defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics."
"'Happy Birthday' is finally free after 80 years," said Randall Newman, an attorney for the plaintiffs, which included a group of filmmakers who are producing a documentary about the song. "Finally, the charade is over. It's unbelievable."
Representatives for Warner were not immediately available for comment.
Up until now, Warner has charged anyone who wanted to sing or play “Happy Birthday to You” -- with the lyrics -- as part of a profit-making enterprise. Most often, this occurred with stage productions, on television, in movies or in greeting cards. But even those who wanted to sing the song publicly as part of a business, say a restaurant owner giving out free birthday cake to patrons, would technically have to pay to use the song.
The complex saga of this six-note ditty has spanned more than 120 years, withstanding two world wars and several eras of copyright law. The song has seen the rise and fall of vinyl records, cassette tapes, CDs and now, the era of digital streaming music.
The story begins in 1893, with a Kentucky schoolteacher and her older sister. Patty Smith Hill and Mildred J. Hill wrote the song for Patty’s kindergarten students, titling it “Good Morning To All.” The original lyrics Patty wrote were: “Good morning to you / Good morning to you / Good morning, dear children / Good morning to all."
Patty later said that she had worked with her sister to compose a simple melody to match the words that could be easily sung by young children.
The sisters published the song in a book called “Song Stories for the Kindergarten,” and assigned the copyright to their publisher, Clayton F. Summy Co., in exchange for a cut of the sales.
That was only the beginning of the tangled web of copyright law that various attorneys have argued may or may not apply to one of the world’s most famous songs.
At various turns in the case, attorneys argued over whether or not the Hill sisters had actually written the song, whether they had "abandoned" their rights to what became the "Happy Birthday" tune and even whether Patty Smith Hill had been accurately quoted in a 1935 Time magazine article.
Tuesday's ruling means that the song is now considered a public work and is free for everyone to use without fear of having to pay royalties, according to a statement from the plaintiffs' attorneys.
Jennifer Nelson, a filmmaker and owner of Good Morning to You productions who was among the plaintiffs, called the decision a "great victory for musicians, artists and people around the world who have waited decades for this."
The plaintiff's attorneys have said that they will move next to qualify the lawsuit as a class-action, in an effort to recoup millions of dollars in royalties that Warner/Chappell has collected on the tune over the years
'Happy Birthday' song copyright is not valid, judge rules - LA Times
Rauner warns Illinois lawmakers he will veto $3.8B spending bill for human services, lottery
THE ASSOCIATED PRESS
Published: 9/22/15 11:26 am EDT - Updated: 9/22/15 11:26 am EDT
SPRINGFIELD, Illinois — Gov. Bruce Rauner's office is warning lawmakers that the Republican will veto a $3.8 billion spending bill pending in the Illinois House.
The measure approved by the Senate this month would provide funds for breast cancer screenings, autism treatment, lottery payouts and more during the state budget stalemate.
It's scheduled to be considered by the House executive committee and could get a floor vote on Thursday.
In a letter to House lawmakers on Monday, Rauner Deputy Chief of Staff for Legislative Affairs Richard Goldberg calls the bill "the latest multibillion-dollar piecemeal attempt" to pass an unbalanced budget. He urges legislators to reject the spending plan.
Rauner and majority Democrats have been unable to agree on a budget for the fiscal year that began July 1.
Rauner warns Illinois lawmakers he will veto $3.8B spending bill for human services, lottery
University of Illinois reduces off-campus crop research, looks to shutter several farms
By ALAN SCHER ZAGIER
Published: 9/22/15 2:58 pm EDT - Updated: 9/22/15 2:58 pm EDT
ST. LOUIS — The University of Illinois plans to reduce off-campus crop research and may shut down several agricultural centers as part of a cost-cutting move tied to flagging state support.
The budget cuts will affect the Brownstown Agronomy Research Center near Vandalia; the Dixon Springs Agricultural Center in southern Illinois; the St. Charles Horticulture Research Center west of Chicago; and the Northern Illinois Agronomy Research Center near DeKalb.
Neal Merchen, associate dean for research at the university's College of Agricultural, Consumer and Environmental Sciences, said nine jobs will be lost, with only the Dixon Springs center likely remaining open to focus on research involving beef cattle and forestry.
Merchen said the agricultural college expects nearly $4 million less in state money this year. That 7.5 percent drop follows a decade of declining state aid to the university and comes amid the prolonged uncertainty of a fiscal year that lacks a state spending plan nearly three months into its start.
"It's almost strictly a budget-driven decision," Merchen said. "We've managed to process annual reductions in the budget. We simply can't continue to find other places to take these reductions.
University-sponsored crop research will continue on campus and at locations in northwestern Illinois and Pike County.
The field research stations connect university scientists with farmers and commodity groups across Illinois and date back to the 1930s. Merchen said the program cuts will weaken the university's outreach efforts.
"There's a loss of connectedness with stakeholders and farmers in those areas," he said.
The affected research stations will finish harvesting this year's crops before going fallow in 2016, according to Merchen.
Robert Bellm, a University of Illinois Extension agent who oversees the Brownstown farm, said he expects the research center about 75 miles east of St. Louis to shut down in April.
The research farms are "strategically located" in different parts of the state to account for varying soil types, said Bellm, whose job won't be affected by the cuts.
University of Illinois reduces off-campus crop research, looks to shutter several farms
Live By the Koch, Die By the Koch?
PublishedSeptember 21, 2015, 5:44 PM EDT 6947 views
As much as I said he was pretty obviously done, Scott Walker's departure from the race sure seems abrupt and even premature. It's hard to have much hope when you go from a first tier candidate to significantly under 1%. Still, not only is it early but the race is so unsettled and chaotic, couldn't he have held out a bit longer? But David Kurtz reminds me of a key point about Walker. Going back to the early days when he was the new Governor of Wisconsin, Walker was always a creature of the Koch Brothers and like big donors. (There was actually a comical episode some of you may remember when a prankster called Walker up as "David Koch" and talking to Walker for something like an hour. He recorded the call and then made it public.)
There's already reporting out there that Walker's campaign was having a very hard time raising money in recent weeks. But that's no different in itself to what we've seen in countless campaigns, a standard cycle. You lose traction and poll numbers, get the look of a loser, donors stop answering calls and suddenly you're done. It is a brutal and vicious cycle, a campaign death spiral that it's extremely difficult to break out of.
One of the premises of this campaign has been that a lot of candidates who would have had to drop out in earlier cycles will be able to hang on much longer. As long as they have their billionaire willing to fund things, they can go on pretty much indefinitely. Remember, that's what kept Newt Gingrich in the race in 2012 - Sheldon Adelson's cash. A similar story with Rick Santorum with his own billionaire.
But the converse is also true. I wonder whether Walker's own attachment to Koch like mega-donors and the change in the campaign finance landscape brought about by Citizens United has shifted the terrain and forced Walker to pull the plug more rapidly than we might have expected. When the game really is controlled by a small group of billionaires, if they say you're done, you're done.
And he's done.
About The Author
Josh Marshall is editor and publisher of TalkingPointsMemo.com.
Cathy Ward warns that the county budget may be balanced using large amount of PSB sales tax
Cathy Ward
BOONE COUNTY NEWS THIS WEEK - Last night the finance committee member Paul Larson recommended taking about $400,000 or so from our Public Safety Sales Tax fund to help balance the budget. P.S. We had promised taxpayers this money would only be used to pay off the bonds of the jail. No one objected, except me. .....Also, tonight at 7 p.m. the Zoning Board of Appeals will meet again to discuss wind farms. Those meetings are bizarre and usually upsetting to many......And one of our frequent visitors left the finance meeting because it is so, so hard to hear unless our members sit in their normal seats using mikes. I think the federal government might get involved here. So senseless. So easy to fix and all for free.
Boone County Health Department inconsistent over rhubarb explanation
Posted by RVPEditor / In Belvidere Daily Republican, Public Meetings
By Lisa Rodgers
Reporter
BOONE COUNTY-The rhubarb over rhubarb in Boone County continued at the Boone County Board meeting on Sept. 16. A large group of non-for-profits (NFP’s) were in attendance to oppose a fee for food permits for NFP’s. The request was originated by the Boone County Health Department (BCHD).
During the public comment portion of the fees, information was presented that Illinois State Legislators have introduced and approved legislation effective Jan. 1, 2016 to amend the Food Handling Regulation Enforcement Act 410 ILCS 625 and offer NFP’s exemption from the law.
“A home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes; the production or packaging of non-potentially hazardous baked goods for these purposes is exempt from the requirements of this Act…”
While conducting research on Sept. 3, the following website forrager.com/law/illinois/ provided information for articles previously published in the Belvidere Daily Republican, (http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=099-0191).
NFP’s in Boone County have consistently stated that the BCHD inspectors as well as other department personnel have informed them that rhubarb is prohibited.
“We have been informed that any type of rhubarb is prohibited due to ‘rhubarb being poisonous’ and that‘the restriction is being mandated by the State of Illinois,’” anonymous NFP sources said.
At the Sept. 16 Boone County Board meeting the following response was given in regards to the new law.
“Yes, that is correct there is a new law coming as of Jan. 1 that we (BCHD) have chosen not to make public to avoid any further confusion,” Boone County Health Administrator Cynthia Frank said. “You will be able to have bake sales, but only non-potentially hazardous foods will be permitted. No permit will be required. No cream pies and no rhubarb.”
This statement sparked a boisterous outburst of anger from the audience.
“Bill Hatfield is not here tonight as he is attending a meeting to learn about the new law,” Frank added.
The following quotes from the BCHD were obtained from public meetings held on Aug. 31, Sept. 3, and Sept. 16.
Quotes also provided from the BCHD were also obtained from a meeting held Sept. 2 at the BCHD where the Belvidere Daily Republican was invited to discuss rhubarb. In attendance were Public Health Administrator Cynthia Frank, Director of Environmental Health Bill Hatfield, Boone County Board of Health Member Marshall Newhouse, and Ellen Genrich who was required to attend as they were informed they were on the record.
On Aug. 31 an explanation was provided by BCHD when the rhubarb issue was raised in public comment about a recent NFP event.
“I received a phone call about the confusion and in about an hour the matter was resolved to everyone’s satisfaction. This was an isolated occurrence and it has been resolved,” Hatfield said.
On Sept. 2 when asked if he stood by his comment that this was an “isolated occurrence” Hatfield responded, “There was no occurrence. We have spoken to them and the matter was resolved in about an hour.”
Also, on Sept. 2, Several NFP’s were discussed as to having experienced similar problems over rhubarb. “I have no written documentation in any of my paperwork from my inspectors in regards to an issue with rhubarb and have not received any phone calls/emails or complaints. I am unaware of any problems,” Hatfield said.
“Rhubarb pie, jams, and jellies are permitted in Boone County if produced in a properly permitted commercial kitchen and may be served at a NFP event or sold at a farmers market,” Hatfield continued. Frank verbally reiterated Hatfield’s statement in regards to rhubarb being permissible.
“When the law was originally adopted I am sure I read that rhubarb was completely prohibited. Somewhere along the way the law changed. It’s up to us to keep current on any changes,”Hatfield explained.
Documentation provided by an anonymous legal source from Westlaw 41 ILCS 625/4 on Sept. 9, 2015 shows the original law was adopted Jan. 1, 2012 and was effective until June 22, 2014.
An amendment was made and the new law went into effect June 23, 2014 until present. In the original law, rhubarb was not mentioned specifically as being prohibited nor found in the amendment.
The next Boone County Board of Health public meeting is Monday, Sept. 28 at noon at 1204 Logan Ave. in Belvidere in the BCHD Conference Room.
Boone County Health Department inconsistent over rhubarb explanation
Boone County Board deny not-for-profit food permit request
By Lisa Rodgers
Reporter
BOONE COUNTY-On Wednesday, Sept.16, the Boone County Board held its monthly meeting. On the agenda was the request for not-for-profits (NFP’s) to pay fees for food permits.
Upon arrival at the meeting, the parking lot was a sea of cars and additional chairs were being added for the public who were in attendance.
The meeting was called to order and all board members were present. A motion to move item 12 to the beginning of the meeting was approved. Item 12 had a motion to approve ordinance 15-23 Amending Boone County Code, fees for not-for-profits.
The Health and Human Services Committee approved the request on Sept. 3 in a 3-1 vote in favor. The request originated with the Boone County Health Department (BCHD).
Discussion began and would continue for about 90 minutes as multiple people had signed up for public comment.
Early on in the discussion, Boone County Board member Cathy Ward informed the board and public that she had submitted a Freedom of Information Act (FOIA) to the BCHD and had obtained a list that reflected a total of 95 not-for-profits that requested food permits in the past year.
“We are not directly affected by this decision, but we are also not in favor of it. It would add more hardship to the not-for-profits that they are already going through. They are already working on a shoestring,” said a representative of United Way.
“Our church has a Wednesday supper and we are very passionate about it. We put in a lot of time and effort and it’s something deep within our hearts. This is the perfect chance for you to show how much you value our non-for-profits,” Ann Turner said.
“I went to the BCHD website and pulled information in regards to their finances. One of the items listed is $35,000 in interest they received from their bank account. How much money do they have in the bank? Especially in this economy to receive that type of interest. And yet they are here asking for money. They also have a $15,000 slush fund,” Toria Funderburg said.
“The not-for-profits are the backbone of the county. These NFP’s provide food and clothing that you would not be able to provide. If you start nickel and diming them they will not continue. All the proceeds the Granges make at the Boone County Fair are returned back into the community,” Marion L. Thornberry Legislative Director, Illinois State Grange, and former Boone County Board Member said.
In July of 2015, Boone County ranked 17 out of 102 counties in Illinois for unemployment at 6.8 percent. It’s up over 1.1 percent from June’s rate of 5.7 percent. Winnebago County is ranked 9 in Illinois with a July 2015 rate of 7.2 percent unemployment. Statistics provided by www.idea.illinois.gov.
The only individual from the audience to speak in favor of the fees for the NFP’s was Boone County Board of Health member Liz Fiorenza.
In an article published Sept. 13 in the Rockford Register Star and written by Staff Writer Ben Stanley, BCHD Director of Environmental Services Bill Hatfield provided the following explanation as to the need of the fees for NFP’s.
“One of the things that’s getting overlooked here is this is a user fee,” Hatfield said.
“A not-for-profit is choosing to drive down the food highway, and there’s rules, and inspections. They could choose to drive down a road that is not food. They could sell sports equipment. They could sell Popsicle sticks.
They could do whatever kind of fundraiser they want and not even have to worry about a food permit. But they’re choosing to do food, and the general public needs to have assurance that the food that’s being offered meets the public health code … and there are expenses involved.”
“Hatfield said the cost of health inspections has risen over the past 40 years as health codes expanded and more stringent rules were put in place.”
A roll call vote was taken with the following results. Bob Walberg, Chairman-No, Paul Larson-Vice Chairman-Yes, Sherry Branson-Yes, Jeffrey Carlisle-No, Denny Ellingson-Abstain with no explanation, Kenny Freeman-No, Sherry Giesecke-Yes, Karl Johnson-absent, Raymond Larson- Abstain with no explanation, Brad Stark-No, Craig Schultz-No, and Cathy Ward-No.
Final outcome was three voting yes, six voting no, two abstained. Karl Johnson was not present as he left prior to the vote. Motion failed.
NFP’s in Boone County will not have to pay a food permit fee.
Capitol Fax.com » Unions file suit over health insurance benefits
Monday, Sep 21, 2015
* From the Illinois Policy Institute’s news service…
State employee unions have returned to court in an effort to lock in continued pay for the fiscal year, get medical claims paid, stop layoffs and retain step pay raises and semi-automatic promotions despite lack of a contract. […]
“The administration has received a copy of the complaint and is currently reviewing it,” Rauner spokeswoman Catherine Kelly said earlier this week. […]
“This possibility will inevitably deprive many participants of the insurance provided by their labor agreements and employment contracts,” according to [union] pleadings.
The unions seek relief by way of two strategies, the first being an impairment of contract argument and the other a request for an injunction to aid in arbitration of pending grievances.
The unions argue state employees shouldn’t be caught in the middle when elected leaders can’t agree.
State “employees are now pawns in the political dispute over the state budget,” the complaint said. “They and their families deserve better.”
* From AFSCME last week…
As you may have heard, late last week the state Department of Central Management Services (CMS) posted on its website a memo to group health insurance participants claiming that, due to the budget impasse, the state has neither the funds nor the legal authority to continue to pay medical claims incurred by participants in the self-funded medical and dental plans. The memo further stated that once the FY 16 budget is in place and funds have been appropriated, payment of medical and dental claims will resume.
While the memo mentioned only the self-funded insurance plans, the union subsequently learned that the Rauner Administration has halted premium payments to the HMO plans as well.
AFSCME received no prior notification of this sweeping change, but since the news became public, the union has been seeking to gather all of the relevant information. CMS has told the union that it is working with the health plans to mitigate the impact of this payment freeze on plan participants. It is our understanding that, for the time being, the HMO plans have agreed to continue to operate as normal without disruption, and that plan participants will be provided with medical treatment based on the usual schedule of co-payments.
The self-funded plans are also working with CMS to try to ensure uninterrupted medical care, but questions remain as to how individual doctors, hospitals and other medical providers in those plans will react to the state’s announcement. The group health plan is already many months in arrears in paying these providers and some say they simply cannot afford to continue to provide care without being paid.
We are very concerned that medical providers in the self-funded plans will begin to demand that employees or retirees pay the full cost of a service at the time of the treatment—especially as there is no sign that the budget impasse will be resolved in the near future.
If your physician or other medical or dental care provider insists on payment at the time of treatment, CMS recommends that you contact your health plan and ask for assistance in dealing with that provider. If the health plan cannot facilitate treatment, please send this information to AFSCME Council 31. E-mail the name of the medical provider and the date on which you were required to pay in full for medical or dental care to mperez@afscme31.org so that the union is able to document all problems that arise.
While it is not yet clear what the full implications of the Administration’s payment freeze will be on health plan participants, AFSCME is taking proactive legal action to seek to ensure that health coverage is not in any way interrupted or compromised. AFSCME and other unions have filed suit in circuit court seeking a court order that would require the state to pay claims from health care providers in the group insurance plan.
This health insurance crisis is but the latest harmful consequence of Governor Rauner’s failure to work constructively toward developing and enacting a FY 16 budget and the revenue measures needed to fund it. The governor continues to insist that unless state legislators enact measures to strip Illinois workers of their union rights, he will not make any effort to remedy our state’s steady slide toward fiscal disaster.
That’s the height of irresponsibility—jeopardizing the vital services that state government funds or provides, threatening the jobs of public-service workers, and now casting a cloud of uncertainty over the health coverage of state and university employees, retirees and our families—all in the name of creating leverage for the governor’s extreme political agenda.
But we’re not going to stand aside and let it happen. You can be confident in the knowledge that your union is doing everything possible to protect your health care, just as we have in ensuring that state employee paychecks are uninterrupted, and in working to combat closures and layoff threats. When the call goes out, be ready to do your part, too.
In unity,
Roberta Lynch
Executive Director
Capitol Fax.com - Your Illinois News Radar » Unions file suit over health insurance benefits
Rauner's Child Care Cuts Could Deal Economic Blow To Illinois, Say Small Business Advocates | Progress Illinois
Advocates for low-income working families in need of affordable daycare are sounding the alarm over the potential economic impacts of the Rauner administration's recent cuts to the Child Care Assistance Program (CCAP).
Republican Gov. Bruce Rauner's CCAP restrictions, which will shut out an estimated 90 percent of new applicants from the program, "will harm the Illinois economy and cost taxpayers more in the long run," SEIU Healthcare Illinois Vice President James Muhammad said on a Monday morning conference call.
He was joined on the call by small business advocates from the Main Street Alliance and Small Business Advocacy Council as well as a policy expert from Innovation Illinois, a Chicago-based progressive think tank.
Muhammad said SEIU Healthcare Illinois is renewing its efforts to pass state legislation that would undo Rauner's CCAP changes, after a similar bill fell one vote shy of advancing in the House earlier this month. The Senate already passed the legislation, SB 570, in August.
"We will be targeting certain representatives on the Republican side and Democratic side who recognize the importance of protecting the vulnerable populations in our state when they voted to overrule rule changes to (the Illinois) Home Care Program for low-income seniors and people with disabilities," Muhammad said of the campaign to pass SB 570.
As part of the administration's CCAP changes, which were implemented through the use of emergency rulemaking and took effect on July 1 when the state entered the new fiscal year without a budget, monthly parent co-pays increased and the eligibility parameters narrowed. Some Illinois child care providers have had to close their doors or reduce staff because of the new program restrictions, said Faith Arnold, a child care provider in Bellwood and an SEIU Healthcare Illinois executive board member.
The administration argues that the emergency rules impacting CCAP are necessary in order to manage the state's finances without a budget.
But Elizabeth Austin with Innovation Illinois contends that the new requirements are not in the best economic interest of the state.
"We are not just hitting the people who are the recipients of this program, we are also causing a devastating economic hit in communities that really need these dollars," she said.
Austin pointed out that the federal government provides the state with 73 cents for every dollar spent on CCAP.
Because every 73 cents spent on CCAP comes from federal funds, "the amount that we save in our state budget [from CCAP cuts] is so small compared with the economic impacts that are felt statewide," she added.
Austin further noted that some 77,000 jobs are directly created through CCAP.
And for "every 100 new jobs created in child care, we get another 56 created in other sectors," she stressed.
David Borris, who serves on the national executive committee of the Main Street Alliance small business network, spoke to the importance of child care assistance for low-income workers.
"We're talking about a little bit of help to get [low-income working families] on the first rung of the economic ladder," he said.
Elliot Richardson, CEO of the Small Business Advocacy Council, urged lawmakers and the governor to break the budget stalemate.
"It is time to stop the games, to pass legislation, to pass the budget so that things like necessary child care can be provided for hard-working folks in Illinois," he stressed.
*The SEIU Illinois Council sponsors this website.
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