text:
Page:Public General Statutes 1896.djvu/63

1896.
 * 38 Geo. 3. c. 48.
 * An Act to alter and amend so much of an Act passed in this present Session of Parliament, intituled" An Act for granting an "Aid to His Majesty by a Land Tax to be raised in Great Britain for the Service of the Year One thousand seven " hundred and ninety-eight" as relates to the Qualification of Commissioners.
 * 38 Geo. 3. c. 52.
 * An Act to regulate the Trial of Causes, Indictments, and other Proceedings which arise within the Counties of certain Cities and Towns Corporate within this Kingdom.
 * 38 Geo. 8. c. 60.
 * An Act for making perpetual, subject to Redemption and Purchase in the Manner therein stated, the several Sums of Money now charged in Great Britain as a Land Tax for One Tear from the Twenty-fifth day of March One thousand seven hundred and ninety-eight.
 * 38 Geo. 8. c. 69.
 * An Act for allowing Gold Wares to be manufactured at a Standard lower than is now allowed by Law.
 * 38 Geo. 3. c. 87.
 * An Act for the Administration of Assets in cases where the Executor to whom Probate has been granted is out of the Realm.
 * 39 Geo. 8. c. 34.
 * An Act the title of which begins with the words "An Act for repealing" and ends with the words "Provisions for that purpose."
 * 39 Geo. 3. c. 37.
 * An Act for remedying defects in the law respecting for remedying certain respecting offences committed upon the High Seas.
 * 39 Geo. 3. c. 55.
 * An Act for encouraging the Improvement of Lands subject to the Servitude of Thirlage in that Part of Great Britain called Scotland.
 * 39 Geo. 3. c. 56.
 * An Act to explain and amend the Laws relative to Colliers in that Part of Great Britain called Scotland.
 * }
 * 39 Geo. 8. c. 34.
 * An Act the title of which begins with the words "An Act for repealing" and ends with the words "Provisions for that purpose."
 * 39 Geo. 3. c. 37.
 * An Act for remedying defects in the law respecting for remedying certain respecting offences committed upon the High Seas.
 * 39 Geo. 3. c. 55.
 * An Act for encouraging the Improvement of Lands subject to the Servitude of Thirlage in that Part of Great Britain called Scotland.
 * 39 Geo. 3. c. 56.
 * An Act to explain and amend the Laws relative to Colliers in that Part of Great Britain called Scotland.
 * }
 * 39 Geo. 3. c. 55.
 * An Act for encouraging the Improvement of Lands subject to the Servitude of Thirlage in that Part of Great Britain called Scotland.
 * 39 Geo. 3. c. 56.
 * An Act to explain and amend the Laws relative to Colliers in that Part of Great Britain called Scotland.
 * }
 * 39 Geo. 3. c. 56.
 * An Act to explain and amend the Laws relative to Colliers in that Part of Great Britain called Scotland.
 * }
 * }


text: Popular Science Monthly/Volume 58/March 1901/Pyramid Lake, Nevada

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: Appletons' Cyclopædia of American Biography/Medberry, Rebecca B.


text: Popular Science Monthly/Volume 58/March 1901/The Geologist Awheel


text: Popular Science Monthly/Volume 58/March 1901/The Formation of Habits in the Turtle


text:
Page:The varieties of religious experience, a study in human nature.djvu/96

 by a sufficient number of persons to form sects, open or secret, who claimed all natural things to be permitted. Saint Augustine's maxim, Dilige et quod vis fac,—if you but love [God], you may do as you incline,—is morally one of the profoundest of observations, yet it is pregnant, for such persons, with passports beyond the bounds of conventional morality. According to their characters they have been refined or gross; but their belief has been at all times systematic enough to constitute a definite religious attitude. God was for them a giver of freedom, and the sting of evil was overcome. Saint Francis and his immediate disciples were, on the whole, of this company of spirits, of which there are of course infinite varieties. Rousseau in the earlier years of his writing, Diderot, B. de Saint Pierre, and many of the leaders of the eighteenth century anti-christian movement were of this optimistic type. They owed their influence to a certain authoritativeness in their feeling that Nature, if you will only trust her sufficiently, is absolutely good.

It is to be hoped that we all have some friend, perhaps more often feminine than masculine, and young than old, whose soul is of this sky-blue tint, whose affinities are rather with flowers and birds and all enchanting innocencies, than with dark human passions, who can think no ill of man or God, and in whom religious gladness, being in possession from the outset, needs no deliverance from any antecedent burden.

"God has two families of children on this earth," says Francis W. Newman, "the once-born and the twice-born," and the once-born he describes as follows: "They see God, not as a strict Judge, not as a Glorious Potentate; but as the animating Spirit of a beautiful harmonious world, Beneficent and Kind, Merciful as well as Pure. The same characters generally have


text: Appletons' Cyclopædia of American Biography/Medill, Joseph


text: Popular Science Monthly/Volume 58/March 1901/The Science of Distances


text: Appletons' Cyclopædia of American Biography/Medill, William


text: Popular Science Monthly/Volume 58/March 1901/A Study of British Genius II


text: Popular Science Monthly/Volume 58/March 1901/Discussion and Correspondence


text: Popular Science Monthly/Volume 58/March 1901/Scientific Literature


text: Popular Science Monthly/Volume 58/March 1901/The Progress of Science


text: Popular Science Monthly/Volume 58/April 1901/Malpighi, Swammerdam and Leeuwenhoek


text: Popular Science Monthly/Volume 58/April 1901/Two Contemporary Problems in Education


text: Popular Science Monthly/Volume 58/April 1901/A Study of British Genius III


text: Popular Science Monthly/Volume 58/April 1901/Suicide and the Weather


text: Popular Science Monthly/Volume 58/April 1901/Recent Progress in Aerial Navigation


text: Popular Science Monthly/Volume 58/April 1901/Foreign Trade of the United States


text: Popular Science Monthly/Volume 58/April 1901/The Planet Eros


text: Popular Science Monthly/Volume 58/April 1901/Discussion and Correspondence


text: Popular Science Monthly/Volume 58/April 1901/Scientific Literature


text: Popular Science Monthly/Volume 58/April 1901/The Progress of Science


text:
Page:Public General Statutes 1896.djvu/228

208
 * 37 & 38 Vict. c. 3.
 * An Act to enable the Secretary of State in Council of India to raise Money in the United Kingdom for the Service of the Government of India.
 * 37 & 38 Vict. c. 12.
 * An Act the title of which begins with the words " An Act to make provision," and ends with the words " for India in Council."
 * 37 & 38 Vict. c. 20.
 * An Act to provide for the Exemption of Churches and Chapels in Scotland from Local Rates and Assessment.
 * 37 & 38 Vict. c. 23.
 * An Act to amend the Acts regulating the Salaries of Resident Magistrates in Ireland and the Salaries of the Chief Commissioner and Assistant Commissioner of Police of the Police District of Dublin Metropolis.
 * 37 & 38 Vict. c. 37.
 * An Act to alter and amend the Law as to Appointments under Powers not exclusive.
 * 37 & 38 Vict. c. 38.
 * An Act to extend the Jurisdiction of Courts of the Colony of the Straits Settlements to certain Crimes and Offences committed out of the Colony.
 * 37 & 38 Vict. c. 41.
 * An Act to amend the Colonial Attornies Relief Act.
 * 37 & 38 Vict. c. 52.
 * An Act to make regulations for preventing Collisions in the Sea Channels leading to the River Mersey.
 * 37 & 38 Vict. c. 63.
 * An Act to facilitate the re-arrangement of the Boundaries of Arch-deaconries and Rural Deaneries.
 * 37 & 38 Yict. c. 66.
 * An Act to enlarge the Jurisdiction of the Civil Bill Courts in Ireland in respect to the recovery of Balances due on partnership Accounts, and in respect of Actions involving Questions of Title to corporeal and incorporeal Hereditaments.
 * 37 & 38 Vict. c. 82.
 * An Act to alter and amend the Laws relating to the Appointment of Ministers to Parishes in Scotland.
 * }
 * 37 & 38 Vict. c. 41.
 * An Act to amend the Colonial Attornies Relief Act.
 * 37 & 38 Vict. c. 52.
 * An Act to make regulations for preventing Collisions in the Sea Channels leading to the River Mersey.
 * 37 & 38 Vict. c. 63.
 * An Act to facilitate the re-arrangement of the Boundaries of Arch-deaconries and Rural Deaneries.
 * 37 & 38 Yict. c. 66.
 * An Act to enlarge the Jurisdiction of the Civil Bill Courts in Ireland in respect to the recovery of Balances due on partnership Accounts, and in respect of Actions involving Questions of Title to corporeal and incorporeal Hereditaments.
 * 37 & 38 Vict. c. 82.
 * An Act to alter and amend the Laws relating to the Appointment of Ministers to Parishes in Scotland.
 * }
 * An Act to facilitate the re-arrangement of the Boundaries of Arch-deaconries and Rural Deaneries.
 * 37 & 38 Yict. c. 66.
 * An Act to enlarge the Jurisdiction of the Civil Bill Courts in Ireland in respect to the recovery of Balances due on partnership Accounts, and in respect of Actions involving Questions of Title to corporeal and incorporeal Hereditaments.
 * 37 & 38 Vict. c. 82.
 * An Act to alter and amend the Laws relating to the Appointment of Ministers to Parishes in Scotland.
 * }
 * 37 & 38 Vict. c. 82.
 * An Act to alter and amend the Laws relating to the Appointment of Ministers to Parishes in Scotland.
 * }
 * }
 * }


text: Popular Science Monthly/Volume 58/Index

title: Popular Science Monthly/Volume 58/Index


text: Appletons' Cyclopædia of American Biography/Allen, William (statesman)


text: Appletons' Cyclopædia of American Biography/Young, Thomas Lowry


text: Appletons' Cyclopædia of American Biography/Trimble, Allen


text: Appletons' Cyclopædia of American Biography/Morrow, Jeremiah


text: Appletons' Cyclopædia of American Biography/Worthington, Thomas


text: Appletons' Cyclopædia of American Biography/Hudson, Frederic


text: Appletons' Cyclopædia of American Biography/McArthur, Duncan


text:
Page:EB1911 - Volume 02.djvu/404

 Falerii), at Luna, Telamon and Lanuvium (the latter in the British Museum), show that in their modelling and colour they must have possessed considerable decorative effect, and when raised on an eminence, as in the case of the temple of Jupiter on the Capitol, formed striking features of importance, enriched as they were with gilding. There is one feature in the Etruscan examples which seems to have been peculiar to their temples, viz. the pendant slabs hung round the eaves to protect the walls; these latter were probably covered with stucco and decorated with paintings. The lower portions of many of these slabs were decorated in relief and in colour at the back, showing that they were exposed to view below the soffit of the projecting eaves.

Owing to the ephemeral nature of the materials employed in the building of the walls of Etruscan temples, viz. unburned brick or rubble masonry with clay mortar, the roofs being in timber, little is known of their general design; the terra-cotta decorations are, however, fortunately in good preservation, and suggest that although the Etruscan temple, architecturally speaking, was not of a very monumental character, its external decoration and colour added considerably to its effect.

The rebuilding of Rome, which began in the reign of Augustus, and was carried on by his successors to a much greater extent, has caused the destruction of nearly all those examples of early work to which the student, working out the history of a style, would turn. There are, however, a few early buildings still existing, and these are of value as showing the extremely simple nature of their design. The temple of Fortuna Virilis (so-called) in the Forum Boarium, attributed to the beginning of the 1st century, shows the great difference between Greek and Roman temples. Like the Etruscan temple, it is raised on a podium, and approached by a flight of steps. The Etruscan cella is dispensed with; and what may be looked upon as the semblance of a Greek peristyle is retained in the semi-detached columns which are carried round the walls of the cella. To the entrance portico, however, the Roman architect attached great importance, and we find here that one-third of the whole length of the temple is given up to the portico. The Tabularium built by Lutatius Catulus (78 ) is a second example of early work. On a lofty substructure, built of peperino stone, was raised an arcade, which formed a passage from one side of the capitol to the other, and here we find the earliest example of the use of the Classic order, as a decorative feature only, applied to the face of a wall. The arcade consists of a series of arches with intermediate semi-detached Doric columns carrying an entablature. The architectural design of the substructure is of the simplest kind, depending for its effect only on the size of the stones employed and the finish given to the masonry. The same remark applies to the few remains left of the Forum Julium (47 ), where an additional decorative effect was produced by the bevelled edge worked round all the stones, producing the effect of rusticated masonry.

If, however, the remains are few, the records of classical writers show that already before the beginning of the 1st century the influence of Greece had been shown in the transformation of the Forum, the embanking of the river Tiber, the erection of numerous porticoes throughout the Campus Martius, and of basilicas, one of which, rebuilt by Paulus Aemilius in 50, was remarkable for its monolithic columns of pavonazetto marble; and further that on the Palatine hill were various mansions, the courts and peristyles of which were richly decorated with marble.

The boast of Augustus that he found Reme built of brick and left it in marble is true in a sense, but not in the way it is usually interpreted. He greatly encouraged the use of marble—the temple of Venus in the forum of Julius Caesar is said to have been built entirely of that material—but as a rule marble was only used as a facing. This, however, led to the substitution of solid concrete for the core of walls, in place of the unburnt brick which up to that time had been employed. On this subject the writings of Vitruvius, the Roman architect, are of the greatest value, as they describe clearly not only the materials used at this time (about 30 ), but the different methods of building walls (see ). The material which contributed more than any other to the magnificent conceptions of the Roman Imperial style was that known as pozzolana, a volcanic earth which, mixed with lime, formed an hydraulic cement of great cohesion and strength. Not only the walls but the vaults were built in this pozzolana concrete, and formed one solid mass. Bricks were employed in arches, on the quoins of walls, occasionally in bond courses, and in the constructional vaults as ribs, in order to relieve the centreing of the weight until the pozzolana concrete had been poured in and had consolidated. The bricks employed in these ribs, and for the voussoirs of arches, were of the kind we should describe as tiles, being about 2 ft. square and 2 in. thick. Bricks also of smaller size and triangular in shape were used for the facing of walls, the triangular portions being embedded into the concrete walls.

The Romans themselves do not seem to have realized the tenacious properties of this pozzolana cement which, when employed for the foundation of temples, formed a solid mass capable of bearing as much weight as the rock itself. They feared also the thrust of the immense vaults over their halls, and always provided crosswalls to counteract the same, as shown in the plan of all the thermae; when, however, they had discovered the secret of covering over large spaces with a permanent casing indestructible by fire, it not only gave an impetus to the great works in Rome, but led to a new type of plan, which spread all through the Empire, varied only by the difference in materials and in labour. In this respect the Romans always availed themselves of the resources of the country, which they turned to the best account. As pozzolana was not to be found in North Africa or Syria, they had to trust to the excellent qualities of the Roman mortar, but even in Syria, where stone was plentiful and could be obtained in great dimensions, when they attempted to erect vaults of great span similar to those in Rome, these probably collapsed before the building was finished, and were replaced by roofs in wood.

In the styles hitherto described the gradual development has been traced to their primitive, culminating and decadent periods. This is not called for in a description of the Roman style of architecture, which to a certain extent appeared phoenix-like in its highest development under Augustus. Roman orders in the Augustan age had reached their culminating development. The capitals of the portico of the Pantheon (27 ), or of the temple of Mars Ultor (2 ), constitute the finest examples of the Corinthian order, whilst those of later temples show a falling off in style. It was only in the application of the orders that new combinations presented themselves, and this can be better understood when we refer to the monuments themselves. The description of the Roman orders, with the subsequent modifications, is given in the article. It is necessary, however, here to draw attention to two very important developments which the Roman architect introduced as regards the orders: firstly, their employment as decorative features in combination with the arcade, known as composite arcades, and secondly, their superposition one above the other in storeys. The earliest example of the first class is that found in the Tabularium as it now exists; of the second class the Colosseum and the theatre of Marcellus are the best known examples. In principle the practice must be condemned, for the employment of the column and entablature, which was designed by the Greek architect as an independent constructive feature, in a purely decorative sense stuck on the face of a wall, is contrary to good taste, but it is impossible not to recognize in its application to the Colosseum the value of the scale which it has given to the whole structure, a scale which would have been entirely lost if the building had been treated as one storey. The superposition of the orders as exemplified in the Roman theatres and amphitheatres throughout the Empire constitutes the greatest development made in the style, and it is one which, from the Italian revivalists down to our time, has had more influence in the design of monumental work than any other Roman innovation.

In the preceding sections it has been necessary to confine our descriptions, in the case of Egypt and Greece, more or less to temples and tombs, and in that of Assyria to palaces, but in Roman architecture the monuments are not only of the most extensive and varied kinds, but in some parts of the Empire they become modified by the requirements of the country, so that a tabulated list alone would occupy a considerable space. The following are the principal subdivisions: The Roman forum (see ); the colonnaded streets in Syria and elsewhere, and temple enclosures; s (q.v.), rectangular and circular; (q.v.);  (q.v.) and s (q.v.); thermae or  (q.v.); entrance gateways and triumph arches (see ); memorial buildings and tombs, s (q.v.) and  (q.v.), palatial architecture (see ); domestic architecture (see ).

title: Page:EB1911 - Volume 02.djvu/404


text: Appletons' Cyclopædia of American Biography/Vance, Joseph


text: Appletons' Cyclopædia of American Biography/Shannon, Wilson


text: Appletons' Cyclopædia of American Biography/Foster, Charles


text:
Appletons' Cyclopædia of American Biography/Harmon, Judson

HARMON, Judson, lawyer, b. in Newtown, Hamilton co., Ohio, 3 Feb., 1846. He was educated at Denison university, and studied jurisprudence at the law-school of his native city, graduating in 1869. He joined the Republican seceders who supported for the presidency. In 1876 he was a candidate for the office of judge of the court of common pleas in Cincinnati, and was declared elected, but the legislature unseated him in favor of Gen.. A few years later Mr. Harmon was elected judge of the superior court, but he resigned in 1887 in order to resume practice. He was nominated and confirmed in 1891 as attorney-general to succeed Mr. Richard Olney, who was advanced to the state department on the death of Secretary Gresham.


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/10

No. 10-5363 relatives” and thus rejecting Sony's argument as an attempt “to amend Section 304(a)(1)(C) to include an author's assignees,” the district court made a similar error. RMMI III, 2010 WL 1026980, at *2.

Nor does the statute support RMMI's contention that the statutory successors hold concurrent contingent interests along with the author's assignees from the time of application until the commencement of the renewal term and thereupon receive sole ownership of the copyright if the author has died in the interim. The statement in Broadcast Music that “renewal copyright interests can be held simultaneously by numerous parties” was made in the context of a dispute between an author's widow and child, both of whom occupy the same tier in the statutory successor hierarchy. 396 F.3d at 768. By contrast, a living author is the sole member of the top tier in that hierarchy. A spouse is not “entitled under paragraph (1)(C),” 17 U.S.C. § 304(a)(2)(B)(i), if the author is still living, and thus does not share the renewal interest with him.

Because Roger Miller was “entitled under paragraph (1)(C) to the renewal and extension of the copyright at the time the application [wa]s made,” 17 U.S.C. § 304(a)(2)(B)(i), the renewal interest vested in him at the commencement of the renewal period. And because he had previously made an otherwise valid assignment of the renewal interest to Sony, the copyright thus vested in Sony.

'''III. CONCLUSION'''

Because Sony owns the renewal copyrights to the 1964 songs as the assignee of an author who was living at the time of the application for renewal registration, we REVERSE the judgment of the district court holding Sony liable for copyright infringement and awarding damages to RMMI. We REMAND for entry of judgment in favor of Sony.


text:
Appletons' Cyclopædia of American Biography/Nash, George Kilbon

NASH, George Kilbon, jurist, b. in Medina county, Ohio, 4 Aug., 1842. He was educated at Western Reserve university and Oberlin college, taught school and studied law, being admitted to the bar in 1865. He edited for a year the “Ohio State Journal,” became chief clerk in the office of secretary of state of Ohio, was prosecuting attorney of Franklin county for three years, and in 1883 was elected judge of the state supreme court. Two years later he returned to the practice of law in Columbus. Judge Nash is an active Republican, has been a member and chairman of the state committee for several years, and in 1899 was elected governor of Ohio by 50,000 plurality.


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/9

No. 10-5363 address this issue and, of course, was decided before the 1992 amendments. RMMI II remanded to the district court on the very issue of Sony's ownership interest in the 1964 songs and thus did not rule on that issue. 477 F.3d at 395.

4. RMMI’s Position Is Inconsistent with the Statute

If Congress intended to condition all assignments on the author's survival to the start of the renewal term, it would not have split § 304(a)(2)(B) into two subparagraphs; ownership in all cases would be determined “as of the last day of the original term of copyright,” 17 U.S.C. § 304(a)(2)(B)(ii). Under this interpretation, the “at the time the application is made” language in § 304(a)(2)(B)(i) would be meaningless. In accordance with the rules of statutory construction, however, we “must ‘giv[e] effect to each word’” and do not interpret a statute in a way that renders a provision “‘meaningless or superfluous.’” Nat'l Air Traffic Controllers Ass'n v. Sec'y of Dep’t of Transp.,, 657 (6th Cir. 2011) (quoting Menuskin v. Williams, , 768 (6th Cir. 1998)). Instead, the two subparagraphs articulate different rules for two different sets of circumstances; only if no application is filed is ownership determined “as of the last day of the original term of copyright.”

RMMI's reading of § 304(a)(2)(B)(i) as a provision that “simply freezes the eligible statutory successors so that the only successors who may be entitled to the renewal interest on the first day of the renewal period are those who qualified as statutory successors at the time the application was filed,” Appellee Br. at 9, finds no support in caselaw or commentary. More damning is RMMI's failure to explain why the then-living Roger Miller would not be included in the closed class of statutory successors. A living author is the first person entitled to the renewal copyright under § 304(a)(1)(C). If the class closes at the time of application, and the author is alive at the time of application, then the author is included within the closed class and the copyright vests in him at the start of the renewal term. The renewal copyright passes to the author's assignee, even if the author has died in between the filing of the application and the renewal term. By describing § 304(a)(1)(C) as “expressly limited to the author's


text:
Page:Public General Statutes 1896.djvu/236

216

 * }


text: Appletons' Cyclopædia of American Biography/Wood, Reuben


text: Appletons' Cyclopædia of American Biography/Ford, Seabury


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/8

No. 10-5363 Roger Miller was entitled to the renewal copyright because he was living at the time the application for registration was made. Sony was in turn entitled as Miller's assignee, and thus took ownership at the time the interest vested on January 1, 1993.

The fact that the interest in the renewal copyright vests “upon the beginning of such further term,” 17 U.S.C. § 304(a)(2)(B)(i), does not dictate a contrary result. The date of vesting is not dispositive as to who owns the copyright, as the 1992 Act “separate[d] the inquiry of who is entitled to the renewal rights from the inquiry of who is alive when renewal vests.” Dimensional Music Publ'g, 435 F. Supp. 2d at 457; see also 3 Nimmer on Copyright § 9.05(C)(2) (describing the two concepts as “uncoupled”). Instead, the date of the renewal application determines entitlement to ownership. Accordingly, a party can become entitled to ownership of the renewal copyright prior to the time it actually vests.

The district court (and RMMI) cited language in Broadcast Music, Inc. v. Roger Miller Music, Inc., (6th Cir. 2005), and the prior panel's opinion in this case as support for its conclusion that an assignee has no interest in a renewal copyright if the assigning author dies prior to vesting. In both cases, this language is dicta. The issue in Broadcast Music was whether an author's widow and children take equal shares in the renewal interest upon statutory succession; the opinion mentioned vesting only in the course of an overview of the law regarding renewal copyrights. Id. at 763-64, 768-69. Moreover, Broadcast Music cited Miller Music, which, as described above, did not


text:
Page:Public General Statutes 1896.djvu/237

1896.

 * }


text: Appletons' Cyclopædia of American Biography/Noyes, Edward Follensbee


text:
Author:Joseph Priestley (1767-1852)

Works

 * Historical Account of the Navigable Rivers, Canals, and Railways, of Great Britain (1831)

title: Author:Joseph Priestley (1767-1852)


text: Page:A Dictionary of the Biloxi and Ofo Languages.djvu/1


text: Page:A Dictionary of the Biloxi and Ofo Languages.djvu/2


text: Appletons' Cyclopædia of American Biography/Tod, George


text: Appletons' Cyclopædia of American Biography/Hoadley, George


text:
Page:Democratic Ideals and Reality (1919).djvu/173

Rh elements, the Romance and the Teutonic. As far as the two chief nations, Britain and France, are concerned, there is and can be in modern times no question of conquest of the one by the other. The Channel lies between them. Away back in the Middle Ages it is true that for three centuries French Knights ruled England, and that for another century the English tried to rule France. But those relations ended for good when Queen Mary lost Calais. The great wars between the two countries in the eighteenth century were waged primarily to prevent the French Monarchy from dominating the Continent of Europe. For the rest, they were wars of colonial and commercial rivalry. So far, also, as the Teutonic element along the Rhine is concerned, there was certainly in the past no very deep-seated hostility to the French. The Alsatians, though German by speech, became—it is one of the great facts of history operative to this day—French in heart. Even what is now the Rhine province of Prussia accepted, as we have seen, the Code Napoleon.

In East Europe there are also two principal elements, the Teutonic and the Slavonic, but no equilibrium has been established between them as between the Romance and Teutonic elements of West Europe. The key to the


text:
Page:Weird Tales volume 42 number 04.djvu/53

 The things our terror dreams are built on.

HAD written nearly three thousand words that day, and in the after-glow of self-satisfaction I decided that there was certainly something in his life of rural seclusion after all.

In Bloomsbury far too many people were acquainted with me and my address. They were "just dropping in" on me at all hours of the night and day with complete disregard for my work. In their assumption a writer was a person who never worked anyway; his stories were things he just dashed off in odd moments now and again, with no particular thought, as one dashes off letters.

After a string of nights on short rations of sleep, trying to recover some of the time thus stolen from me during the day, I dashed off myself, away from London and these vampires of my attention—my friends. I took care that none of them—none but Spencer, that is—should know my address until I was good and ready for them. And that meant when I had finished my novel.

It was safe to tell Spencer. He never saw any of my other friends. They avoided him because he was—odd. Eccentric. In his musty bed-sitting-room in Mecklenburgh Square he lived in a world of his own. You sensed the strangeness as soon as you stepped into the room, and it was certainly enhanced by his presence.

He was fattish—why, I don't know, for I never saw him eat anything—and, I believe, older than he looked. He looked in his early sixties. Trying to maintain a conversation with him was indeed trying. You felt that quite two-thirds of his attention was somewhere else all the time, and he only intermittently remembered that you were there.

And most of what he said to you he deliberately made cryptic. He had a tortuous mind that loved to puzzle and mystify. Many times I had remonstrated with him: "For God's sake, Spencer, speak straightforwardly and sensibly, will you! I can make more sense out of my income tax correspondence than I can out of you."

When you did make sense out of him, it was invariably worth the trouble. He had more odd knowledge tucked away inside his head than Ripley ever dreamed upon, and he was full of surprising little tit-bits that made me exclaim, "That gives me an idea for a story"

I made quite a lot of money out of Spencer in this way. Maybe that was why I looked upon him as my best friend.

In fact, the main reason that I elected to keep in touch with him from my lonely cottage among the gorse and pines of Surrey was because my novel dealt with medieval witchcraft and I anticipated difficulty over one or two chapters. I might need to dig in Spencer's fund of knowledge about such things. Also, he had the best library of books on the occult that I had ever come across. It was through a previous search for out-of-the-way information that I originally encountered him.

But about that evening when I was wandering alone across the Surrey heath so comfortably satisfied with the day's work

T WAS an evening in midsummer when the atmosphere was close and still, and the going of the sun had seemed to leave it more warm and oppressive than noonday.

The air was a thick, almost liquid substance, from which your lungs were hard pressed to draw oxygen, almost as thick as the blood which pumped at your temples and made your head throb heavily. Headachey weather, and you longed for a storm to come and break it up.

Somewhere this night there was a storm, for along the horizon the sheet lightning flickered and jumped and revealed silently weird-lit glimpses of an unsuspected cloudland that lay out there in the darkness.


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/7

No. 10-5363 Neither Fred Fisher Music nor Miller Music identified the point at which a prerenewal-term assignment of a renewal copyright is no longer contingent and is therefore guaranteed to vest in the assignee. The Court did not define “renewal period” or otherwise specify whether an assignment sheds its contingent status upon commencement of the renewal year, registration, or commencement of the renewal term. See Stewart, 495 U.S. at 220 n.2 (recognizing the open question). Because the author in Miller Music had died more than one year before the termination of the original term, and thus outside of any potential definition of renewal period, the need for further clarity did not arise. See Miller Music Corp. v. Charles N. Daniels, Inc., 158 F. Supp. 188, 190 (S.D.N.Y. 1957).

3. The Statutory Language Supports Sony

Despite its somewhat convoluted syntax, the statutory language enacted in 1992 provides an answer. An author is “entitled under paragraph (1)(C) to the renewal and extension of the copyright,” 17 U.S.C. § 304(a)(2)(B)(i), if he is still living, see id. § 304(a)(1)(C)(i). The renewal copyright vests in any party entitled to it “at the time the application is made.” Id. § 304(a)(2)(B)(i). The author (and therefore any of his assignees) thus secures an interest in the renewal copyright so long as he is still living at the time of application for renewal with the Copyright Office. This interest is not lost even if the author subsequently dies prior to the commencement of the renewal term. The House Judiciary Committee Report for the 1992 Act confirms this reading, explaining that “[r]egistration during the final year would assure the author or other claimant that his or her right to the renewal term vested on registration, even if he or she died later that year.” H. Rep. 102-379(I), at 13.


text:
Page:Democratic Ideals and Reality (1919).djvu/174

Rh whole situation in East Europe—and it is a fact which cannot be too clearly laid to heart at the present moment—is the German claim to dominance over the Slav. Vienna and Berlin, just beyond the boundary of West Europe, stand already within territory that was Slav in the earlier Middle Ages; they represent the first step of the German out of his native country as a conqueror eastward. In the time of Charlemagne the rivers Saale and Elbe divided the Slavs from the Germans, and to this day, only a short distance south of Berlin, is the Circle of Kottbus, where the peasantry still speak Wendish, or the Slav tongue of all the region a few centuries ago. Outside this little Wendish remnant, the Slav peasantry have accepted the language of the German Barons who rule them in their large estates. In South Germany, where the peasantry is truly German, the land is held by small proprietors.

No doubt there is a difference of impression made on foreigners by the Austrian's and by the Prussians of noble birth; that difference comes, no doubt, from the fact that the Austrians advanced eastward from South German homes, whereas the Prussians came from the harsher North. But in Prussia and Austria alike, the great landowners were


text:
Page:Democratic Ideals and Reality (1919).djvu/175

Rh before the War, though we commonly think of the Junker as Prussian only. The peasantry of both countries was in a state of serfdom until a comparatively short time ago. Democratic Ideals and Reality, 1919 Fig 29 p 163.jpg 29.—The surviving islands of Wendish (Slavonic) speech at Kottbus, encircled by the flowing tide of German speech.

The two long limbs of territory thrust out by Prussia in north-easterly and south-easterly directions have a deep historical meaning for those who read history on the map, and it is history on the map which constitutes one of the great realities with which


text:
Page:Public General Statutes 1896.djvu/238

218

 * 6 & 7 Will. 4. c. 13.
 * Constabluary (Ireland) Act, 1836 (No. 1)
 * rowspan=18 |
 * rowspan=18 |The Constabulary (Ireland) Acts 1836 to 1886.
 * 6 & 7 Will. 4. c. 36.
 * Constabluary (Ireland) Act, 1836 (No. 2)
 * 6 & 7 Will. 4. c. 36.
 * Constabluary (Ireland) Act, 1836 (No. 2)

 * }


text:
Page:Democratic Ideals and Reality (1919).djvu/176

164 we must deal in our Reconstruction. The map showing the distribution of languages tells in this instance even, more than the political map, for it shows three tongues of German speech and not merely two. The first lies north-eastward along the Baltic Shore; it represents a German conquest and forced Teutonisation of the later Middle Ages. By the coastwise water-way the Hanseatic Merchants of Lübeck and the Teutonic Knights, no longer occupied in Crusading, conquered all the shorelands to where now stands Petrograd. By subsequent history half of this strip of 'Deutschthum' was incorporated with the Berlin Monarchy, and the other half became the Baltic Provinces of the Russian Czardom. But the Baltic Provinces retained, to our days, their German merchant community of Riga, their German University of Dorpat, and their German Barons as landlords. Under the Treaty of Brest-Litovsk the German element was again to have ruled in these lands of Courland and Livonia.

The second pathway of the Germans was up the Oder River to its source in the Moravian Gate, the deep valley leading from Poland towards Vienna between the mountains of Bohemia on the one hand, and the Carpathian Mountains on the other hand. The German


text:
Page:Democratic Ideals and Reality (1919).djvu/177

 Democratic Ideals and Reality, 1919 Fig 30 p 165.jpg 30—Showing the three eastward tongues of German speech, and the scattered German settlements as far as the Volga. (1) Prussia. (2) Silesia. (3) Austria.


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/6

No. 10-5363 :(iii) the author's executors, if such author, widow, widower, or children are not living, or

 * (iv) the author's next of kin, in the absence of a will of the author.

Id. § 304(a)(1)(C).

The original and renewal copyrights are distinct legal interests. An author who sells the original copyright to his work thus has a second chance to claim ownership at the end of the original term. This system protects an author who was in a weak bargaining position at the outset but whose work ultimately proved successful. Stewart v. Abend, 495 U.S. 207, 218-19 (1990). The statutory succession provision likewise provides a deceased author's family with a new chance to receive remuneration for a valuable creation. Id. at 218.

2. Assignments

Notwithstanding this author-protecting policy, an author can assign his interest in the renewal copyright, either before or after the start of the renewal term. Miller Music Corp. v. Charles N. Daniels, Inc., 362 U.S. 373, 375 (1960) (citing Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643 (1943)); Fred Fisher Music Co., 318 U.S. at 647, 655-56. However, the author has only a contingency interest in the renewal, which is all he can assign, “until the renewal period arrives.” Miller Music Corp., 362 U.S. at 375-78. If the author dies prior to that point, ownership of the renewal copyright passes to the statutory successors, regardless of whether the author had otherwise previously assigned or devised it. Id. at 375. This result follows from the fact that, as in other contractual relationships, a copyright assignee stands in the shoes of the assignor and thus is entitled to the copyright only if the assigning author would otherwise be entitled to it. See id. at 377-78; see also Plumb v. Fluid Pump Serv., Inc.,, 864 (7th Cir. 1997) (“‘[E]lementary contract law provides that upon a valid and unqualified assignment the assignee stands in the shoes of the assignor and assumes the same rights, title and interest possessed by the assignor.’” (quoting ''Moutsopoulos v. Am. Mut. Ins. Co.'',, 1189 (7th Cir. 1979))).


text:
Page:Weird Tales volume 42 number 04.djvu/54

 I don't know whether it is peculiar to me, but these strange tense evenings of summer always set my imagination working more actively than the chilly autumn and winter nights beloved of the gothically romantic poets.

Keats would begin "In a drear-nighted December ," and Poe's Ulalume would be carried to her tomb in "the ghoul-haunted woodland of Weir" on a "night in the lonesome October" and as for the same gentleman's Raven who quoth "Nevermore!"—"Ah, distinctly I remember it was in the bleak December"

No, the winter was merely physically uncomfortable. A hot thundery night like this made me mentally uncomfortable. Uneasily, I sensed the imminence of—something. I felt the electric charge slowly but unrelentingly building itself up in the air afbout me, forming something unknown but black and inimical, growing both in power and in consciousness of its power, awaiting with evil excitement the hour of its unleashing.

Damn it, I thought, I have been thinking too much upon these things. This was the last novel I would write about the occult. The trouble with such an occupation was that the story becomes real to you as you write it, and you are disposed to picture warlocks and werewolves as things you might find in a dark corner of the coal-cellar at some unlucky moment. Especially when you have deliberately retired to solitude to "get into" your book.

The glow of my self-esteem had now died somewhere among these unhealthy thoughts. I had walked too far and become over-tired. The haven of my cottage seemed suddenly desirable, and I forced my heavy feet to quicken their lagging pace.

Here now was the pinewood, like a blot of India ink on the lesser darkness of the night. One hundred yards within it lay the cottage, but despite my impatience they were the slowest hundred yards I traversed that night. Charon himself would have tripped over something in the pitch-blackness of the wood. Nothing of the distant flickering of the lightning penetrated here. I had literally to feel my way along the path.

HEN all of a sudden 1 stopped in surprise, my hand on the bole of a pine. Somewhere ahead of me glimmered a faint patch of light—green light.

As I watched it, it moved back and forth with a sort of dreadful deliberate slowness. Then it stood still, and as I peered at it I discovered a black cross, as it were, intersecting it. Abruptly the light disappeared, and left me with the realization that the black cross had been the silhouette of the center of the cottage window's frame.

Somebody—or something—was in the cotttagecottage [sic]. My heart started going like a two-stroke engine.

Then the human habit of rationalizing unaccountable things came to the fore. It had been a firefly or a jack-o'-lantern of marsh gas from the stagnant pond not far beyond the cottage. Or again—this was the sort of weather that generated those globes of ball lightning which sometimes pop down chimneys and float around inside rooms. Or maybe a tramp was searching either for a bed for the night or for the money for one. But—with a green light?

I waited a while, but there was no return of the phenomenon. I hoped that, whatever it was, it had gone away. Then I fumbled my way through the last few yards to the door and let myself in.

In the darkness within I lit a match and by its feeble light surveyed the room. The words "Is anybody there?" died in my mouth, for it was manifest that there was nobody.

I conveyed the flame to the oil lamp, and the room became bright and cheerful; the shelves of books still in their original colored dust jackets gladdened my eye, as the sight of them always did, and the model galleon, the vase of marigolds, the shining pewter tankards were all familiar and reassuring things.

Nevertheless, I poured myself a scotch and soda before I settled down in the armchair by the tireless hearth to read over and polish the thousands of words I had scribbled that day.


text:
A kind of history of my life

Sir

Not being acquainted with this hand-writing, you will probably look to the bottom to find the Subscription, & not finding any, will certainly wonder at this strange method of addressing to you. I must here in the beginning beg you to excuse it, & to perswade you to read what follows with some Attention, [and] must tell you, that this gives you an Opportunity to do a very good-natur'd Action, which I believe is the most powerful Argument I can use. I need not tell you, that I am your Countryman, a Scotchman; for without any such tye, I dare rely upon your Humanity, even to a perfect Stranger, such as I am. The Favour I beg of you is your Advice, & the reason why I address myself in particular to you need not be told. As one must be a skilful Physician, a man of Letters, of Wit, of Good Sense, & of great Humanity, to give me a satisfying Answer, I wish Fame had pointed out to me more Persons, in whom these Qualities are united, in order to have kept me some time in Suspense. This I say in the Sincerity of my Heart, &. without any Intention of making a Complement: For tho' it may seem necessary, that in the beginning of so unusual a Letter, I shou'd say some fine things, to bespeak your good Opinion, & remove any prejudices you may conceive at it, yet such an Endeavor to be witty, wou'd but ill suit with the present Condition of my Mind; which, I must confess, is not without Anxiety concerning the Judgement you will form of me. Trusting however to your Candor & Generosity, I shall, without further Preface, proceed to open up to you the present Condition of my Health, & to do that the more effectually shall give you a kind of History of my Life, after which you will easily learn, why I keep my Name a Secret.

You must know then that from my earliest Infancy, I found alwise a strong Inclination to Books & Letters. As our College Education in Scotland, extending little further than the Languages, ends commonly when we are about 14 or 15 Years of Age, I was after that left to my own Choice in my Reading, & found it encline me almost equally to Books of Reasoning & Philosophy, & to Poetry & the polite Authors. Every one, who is acquainted either with the Philosophers or Critics, knows that there is nothing yet establisht in either of these two Sciences, & that they contain little more than endless Disputes, even in the most fundamental Articles. Upon Examination of these, I found a certain Boldness of Temper, growing in me, which was not enclin'd to submit to any Authority in these Subjects, but led me to seek out some new Medium, by which Truth might be establisht. After much Study, & Reflection on this, at last, when I was about 18 Years of Age, there seem'd to be open'd up to me a new Scene of Thought, which transported me beyond Measure, & made me, with an Ardor natural to young men, throw up every other Pleasure or Business to apply entirely to it. The Law which was the Business I design'd to follow, appear'd nauseous to me, & I cou'd think of no other way of pushing my Fortune in the World, but that of a Scholar & Philosopher. I was infinitely happy in this Course of Life for some Months; till at last, about the beginning of Septr 1729, all my Ardor seem'd in a moment to be extinguisht, & I cou'd no longer raise my Mind to that pitch, which formerly gave me such excessive Pleasure. I felt no Uneasyness or Want of Spirits, when I laid aside my Book; & therefore never imagin'd there was any bodily Distemper in the Case, but that my Coldness proceeded from a Laziness of Temper, which must be overcome by redoubling my Application. In this Condition I remain'd for nine Months, very uneasy to myself, as you may well imagine, but without growing any worse, which was a Miracle.

There was another particular, which contributed more than any thing, to waste my Spirits & bring on me this Distemper, which was, that having read many Books of Morality, such as Cicero, Seneca & Plutarch, & being smit with their beautiful Representations of Virtue & Philosophy, I undertook the Improvement of my Temper & Will, along with my Reason & Understanding. I was continually fortifying myself with Reflections against Death, & Poverty, & Shame, & Pain, & all the other Calamities of Life. These no doubt are exceeding useful, when join'd with an active Life; because the Occasion being presented along with the Reflection, works it into the Soul, & makes it take a deep Impression, but in Solitude they serve to little other Purpose, than to waste the Spirits, the Force of the Mind meeting with no Resistance, but wasting itself in the Air, like our Arm when it misses its Aim. This however I did not learn but by Experience, & till I had already ruin'd my Health, tho' I was not sensible of it.

Some Scurvy Spots broke out on my Fingers, the first Winter I fell ill, about which I consulted a very knowing Physician, who gave me some Medicines, that remov'd these Symptoms, & at the same time gave me a Warning against the Vapors, which, tho I was laboring under at that time, I fancy'd myself so far remov'd from, & indeed from any other Disease, except a slight Scurvy, that I despis'd his Warning. At last about Aprile 1730, when I was 19 Years of Age, a Symptom, which I had notic'd a little from the beginning, encreas'd considerably, so that tho; it was no Uneasyness, the Novelty of it made me ask Advice. It was what they call a Ptyalism or Watryness in the mouth. Upon my mentioning it to my Physician, he laught at me, & told me I was now a Brother, for that I had fairly got the Disease of the Learned. Of this he found great Difficulty to perswade me, finding in myself nothing of that lowness of Spirit, which those, who labor under that Distemper so much complain of. However upon his Advice, I went under a Course of Bitters, & Anti-hysteric Pills. Drunk an English Pint of Claret Wine every Day, & rode 8 or 10 Scotch Miles. This I continu'd for about 7 Months after.

Tho I was sorry to find myself engag'd with so tedious a Distemper yet the Knowledge of it, set me very much at ease, by satisfying me that my former Coldness, proceeded not from any Defect of Temper or Genius, but from a Disease, to which any one may be subject. I now began to take some Indulgence to myself; studied moderately, & only when I found my Spirits at their highest Pitch, leaving off before I was weary, & trifling away the rest of my Time in the best manner I could. In this way, I liv'd with Satisfaction enough; and on my return to Town next Winter found my Spirits very much recruited, so that, tho they sunk under me in the higher Flights of Genius, yet I was able to make considerable Progress in my former Designs. I was very regular in my Diet & way of Life from the beginning, & all that Winter, made it a constant Rule to ride twice or thrice a week, & walk every day. For these Reasons, I expected when I return'd to the Countrey, & cou'd renew my Exercise with less Interruption, that I wou'd perfectly recover. But in this I was much mistaken. For next Summer, about May 1731 there grew upon [me] a very ravenous Appetite, & as quick a Digestion, which I at first took for a good Symptom, & was very much surpriz'd to find it bring back a Palpitation of Heart, which I had felt very little of before. This Appetite, however, had an Effect very unusual, which was to nourish me extremely, so that in 6 weeks time I past from the one extreme to the other, & being before tall, lean, &. rawbon'd became on a sudden, the most sturdy, robust, healthful-like Fellow you have seen, with a ruddy Complexion & a chearful Countenance. In excuse for my Riding, & care of my Health, I alwise said, that I was afraid of a Consumption; which was readily believ'd from my Looks; but now every Body congratulate me upon my thorow Recovery. This unnatural Appetite wore off by degrees, but left me as a Legacy, the same Palpitation of the heart in a small degree, & a good deal of Wind in my Stomach, which comes away easily, & without any bad Gout, as is ordinary. However, these Symptoms are little or no Uneasyness to me. I eat well; I sleep well. Have no lowness of Spirits; at least never more than what one of the best Health may feel, from too full a meal, from sitting too near a Fire, & even that degree I feel very seldom, &. never almost in the Morning or Forenoon. Those who live in the same Family with me, & see me at all times, cannot observe the least Alteration in my Humor, & rather think me a better Companion than I was before, as choosing to pass more of my time with them. This gave me such Hopes, that I scarce ever mist a days riding, except in the Winter-time; &. last Summer undertook a very laborious task, which was to travel 8 Miles every Morning & as many in the Forenoon, to & from a mineral Well of some Reputation. I renew'd the Bitters & Antihysteric Pills twice, along with Anti-scorbutic Juices last Spring, but without any considerable Effect, except abating the Symptoms for a little time.

Thus I have given you a full account of the Condition of my Body, &. without staying to ask Pardon, as I ought to do, for so tedious a Story, shall explain to you how my Mind stood all this time, which on every Occasion, especially in this Distemper, have a very near Connexion together. Having now Time & Leizure to cool my inflam'd Imaginations, I began to consider seriously, how I shou'd proceed in my Philosophical Enquiries. I found that the moral Philosophy transmitted to us by Antiquity, labor'd under the same Inconvenience that has been found in their natural Philosophy, of being entirely Hypothetical, &. depending more upon Invention than Experience. Every one consulted his Fancy in erecting Schemes of Virtue & of Happiness, without regarding human Nature, upon which every moral Conclusion must depend. This therefore I resolved to make my principal Study, & the Source from which I wou'd derive every Truth in Criticism as well as Morality. I believe 'tis a certain Fact that most of the Philosophers who have gone before us, have been overthrown by the Greatness of their Genius, & that little more is requir'd to make a man succeed in this Study than to throw off all Prejudices either for his own Opinions or for th[ose] of others. At least this is all I have to depend on for the Truth of my Reasonings, which I have multiply'd to such a degree, that within these three Years, I find I have scribled many a Quire of Paper, in which there is nothing contain'd but my own Inventions. This with the Reading most of the celebrated Books in Latin, French &. English, & acquiring the Italian, you may think a sufficient Business for one in perfect Health; & so it wou'd, had it been done to any Purpose: But my Disease was a cruel Incumbrance on me. I found that I was not able to follow out any Train of Thought, by one continued Stretch of View, but by repeated Interruptions, & by refreshing my Eye from Time to Time upon other Objects. Yet with this Inconvenience I have collected the rude Materials for many Volume; but in reducing these to Words, when one must bring the Idea he comprehended in gross, nearer to him so as to contemplate its minutest Parts, & keep it steddily in his Eye, so as to copy these Parts in Order, this I found impracticable for me, nor were my Spirits equal to so severe an Employment. Here lay my greatest Calamity. I had no Hopes of delivering my Opinions with such Elegance & Neatness, as to draw to me the Attention of the World, & I wou'd rather live & dye in Obscurity than produce them maim'd & imperfect.

Such a miserable Disappointment I scarce ever remember to have heard of. The small Distance betwixt me & perfect Health makes me the more uneasy in my present Situation. Tis a Weakness rather than a Lowness of Spirits which troubles me, & there seems to be as great a Difference betwixt my Distemper & common Vapors, as betwixt Vapors &. Madness.

I have notic'd in the Writings of the French Mysticks, & in those of our Fanatics here, that, when they give a History of the Situation of their Souls, they mention a Coldness & Desertion of the Spirit, which frequently returns, & some of them, at the beginning, have been tormented with it many Years. As this kind of Devotion depends entirely on the Force of Passion, & consequently of the Animal Spirits, I have often thought that their Case & mine were pretty parralel, & that their rapturous Admirations might discompose the Fabric of the Nerves & Brain, as much as profound Reflections, & that warmth or Enthusiasm which is inseperable from them.

However this may be, I have not come out of the Cloud so well as they commonly tell us they have done, or rather began to despair of ever recovering. To keep myself from being Melancholy on so dismal a Prospect, my only Security was in peevish Reflections on the Vanity of the World & of all humane Glory; which, however just Sentiments they may be esteem'd, I have found can never be sincere, except in those who are possest of them. Being sensible that all my Philosophy wou'd never made me contented in my present Situation, I began to rouze up myself; &. being encourag'd by Instances of Recovery from worse degrees of this Distemper, as well as by the Assurances of my Physicians, I began to think of something more effectual, than I had hitherto try'd. I found, that as there are two things very bad for this Distemper, Study & Idleness, so there are two things very good, Business & Diversion; & that my whole Time was spent betwixt the bad, with little or no Share of the Good. For this reason I resolved to seek out a more active Life, & tho; I cou'd not quit my Pretensions in Learning, but with my last Breath, to lay them aside for some time, in order the more effectually to resume them.

Upon Examination I found my Choice confined to two kinds of Life; that of a travelling Governor & that of a Merchant. The first, besides that it is in some respects an idle Life, was, I found, unfit for me; & that because from a sedentary & retir'd way of living, from a bashful Temper, & from a narrow Fortune, I had been little accustom'd to general Companies, &. had not Confidence & Knowledge enough of the World to push my Fortune or be serviceable in that way. I therefore fixt my Choice upon a Merchant; & having got Recommendation to a considerable Trader in Bristol, I am just now hastening thither, with a Resolution to forget myself, & every thing that is past, to engage myself, as far as is possible, in that Course of Life, & to toss about the World, from the one Pole to the other, till I leave this Distemper behind me.

As I am come to London in my way to Bristol, I have resolved, if possible, to get your Advice, tho' I shou'd take this absurd Method of procuring it. All the Physicians, I have consulted, tho' very able, cou'd never enter into my Distemper, because not being Persons of great Learning beyond their own Profession, they were unacquainted with these Motions of the Mind. Your Fame pointed you out as the properest Person to resolve my Doubts, & I was determin'd to have some bodies Opinion, which I cou'd rest upon in all the Varieties of Fears & Hopes, incident to so lingering a Distemper. I hope I have been particular enough in describing the Symptoms to allow you to form a Judgement; or rather perhaps have been too particular. But you know 'tis a Symptom of this Distemper to delight in complaining & talking of itself.

The Questions I wou'd humbly propose to you are: Whether among all these Scholars, you have been acquainted with, you have ever known any affected in this manner? Whether I can ever hope for a Recovery? Whether I must long wait for it? Whether my Recovery will ever be perfect, & my Spirits regain their former Spring & Vigor, so as to endure the Fatigue of deep & abstruse thinking? Whether I have taken a right way to recover? I believe all proper Medicines have been us'd, & therefore I need mention nothing of them.

title: A kind of history of my life


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/5

No. 10-5363 1. The Renewal Copyright

Under the Copyright Act, an artistic work has an original copyright term of twenty-eight years followed by a renewal term of an additional sixty-seven years. 17 U.S.C. §§ 304(a)(1)(A), (a)(2)(B). A renewal copyright can be registered with the U.S. Copyright Office at any point in the final year of the original term (the “renewal year”), id. § 304(a)(3)(A)(i), or at any time within the renewal term itself, id. § 304(a)(3)(A)(ii); without registration, the copyright renews automatically at the start of the renewal term, id. § 304(a)(3)(B).

The Copyright Act provides that, if an application to register the renewal copyright is filed within the renewal year, the renewal copyright “shall vest, upon the beginning of such further term, in any person who is entitled under paragraph (1)(C) to the renewal and extension of the copyright at the time the application is made.” Id. § 304(a)(2)(B)(i). If no application is filed, the renewal copyright “shall vest, upon the beginning of such further term, in any person entitled under paragraph (1)(C), as of the last day of the original term of copyright, to the renewal and extension of the copyright.” Id. § 304(a)(2)(B)(ii).

Paragraph (1)(C) establishes a hierarchy of who is entitled to the renewal copyright:
 * (i) the author of such work, if the author is still living,

 * (ii) the widow, widower, or children of the author, if the author is not living,


text:
Page:Public General Statutes 1896.djvu/266

246

 * }


text:
Page:EB1911 - Volume 02.djvu/405

 The Forum Romanum under the Republic would seem to have served several purposes. The principal temples and important public buildings occupied sites round it, and up to the time of Julius Caesar there were shops on both sides: it was also used as a hippodrome and served for combats and other displays. Under the Empire, however, these were relegated to the amphitheatre and the theatre, markets were provided for elsewhere, and the forum became the chief centre for the temples, basilicas, courts of law and exchanges. But already in the time of Julius Caesar the Forum Romanum had become too small, and others were built by succeeding emperors. In order to find room for these, not only were numerous crowded sites cleared, but vast portions of the Quirinal hill were cut away to make place for them. The Fora added were those of Julius Caesar, Augustus, Trajan, Nerva and Vespasian. Outside Rome, in provincial towns and in Africa and Syria, the Forum was generally built on the intersection of the two main streets, and was surrounded by porticoes, temples and civic monuments.

Colonnaded Streets.—We gather from some Roman authors that in early days the Campus Martius was laid out with porticoes. All these features have disappeared, but there are still some existing in Syria, North Africa and Asia Minor, which are known as colonnaded streets. The most important of these are found in Palmyra, where the street was 70 ft. wide with a central avenue open to the sky and side avenues roofed over with stone. The columns employed were of the Corinthian order, 31 ft. high, and formed a peristyle on each side of the street, which was nearly a mile in length. The triple archway in this street is still one of the finest examples of Roman architecture. At Gerasa, the colonnaded streets had columns of the Ionic order, the street being 1800 ft. long, with other streets at right angles to it; similar streets are found at Amman, Bosra, Kanawat, &c. At Pompeiopolis, in Asia Minor, are still many streets of columns, and in North Africa the French archaeologists have traced numerous others.

Temple Enclosures.—In Rome the great cost, and the difficulty of obtaining large sites, restricted the size of the enclosures of the temples; this was to a certain extent compensated for by the magnificence of the porticoes surrounding them. The most important was that built by Hadrian, measuring 480 ft. by 330 ft., to enclose the double temples of Venus and Rome. The portico of Octavia measures 400 ft. by 370 ft., enclosing two temples, and the portico of the Argonauts, which enclosed the temple of Neptune, was about 300 ft. square. These dimensions, however, are far exceeded by those of the enclosures in Syria and Asia Minor. The court of the temple of the Sun at Palmyra was raised on an artificial platform 16 ft. high, and measured 735 ft. by 725 ft., with an enclosure wall of 74 ft. on the west and 67 ft. high on the other three sides.

At Baalbek the platform was raised 25 ft. above the ground, the dimensions being 400 ft. wide and 900 ft. deep. At Damascus the enclosure of the temple of the Sun has been traced, and it extended to about 1000 ft. square. Similar enclosures are found at Gerasa, Amman and other Syrian towns. In Asia Minor, at Aizani the platform was 520 by 480 ft., raised about 20 ft., and in Africa the French have found the remains of similar enclosures.

Roman Temples.—The Romans, following the Etruscan custom, invariably raised their temples on a podium with a flight of steps on the main front. Their temples were not orientated, and being regarded more as monuments than religious structures occupied prominent sites facing the Forum or some great avenue. Much importance was attached to the entrance portico, which was deeper than those in Greek temples, and the peristyle when it existed was rarely carried round the back. On the other hand the cella exceeded in span those of the Greek temples, as the Roman, being acquainted with the principle of trussing timbers, could roof over wider spaces. The principal temples in Rome, of which remains still exist, are those of Fortuna Virilis, Mars Ultor, Castor, Neptune, Antoninus and Faustina, Concord, Vespasian, Saturn and portions of the double temples of Venus and Rome. At Pompeii are the temples of Jupiter and Apollo, at Cora the temple of Mercury, and in France, the Maison Carrée at Nîmes and the temple at Vienne. In Syria are the temples of Jupiter at Baalbek, of the Sun at Palmyra and Gerasa, and in Spalato the temple of Aesculapius.

Of circular temples the chief are the Pantheon at Rome, the temple of Vesta on the Forum, of Mater Matuta, so-called, on the Forum Boarium, the temple of Vesta at Tivoli, of Jupiter at Spalato and of Venus at Baalbek.

Of the rectangular temples the Maison Carrée at Nîmes is the most perfect example existing (fig. 26). It was built by Antoninus Pius, and dedicated to his adopted sons Lucius and Martius. This temple, 59 ft. by 117 ft., is of the Corinthian order, hexastyle, pseudoperipteral, with a portico three columns deep, and is raised on a podium 12 ft. high. The next best preserved example is the temple of Jupiter at Baalbek, also of the Corinthian order, octastyle, peripteral, with a deep portico, and a cella richly decorated with three-quarter detached shafts of the Corinthian order.

Of the circular temples the Pantheon is the most remarkable. It was built by Hadrian, and consists of an immense rotunda 142 ft. in diameter, covered with a hemispherical dome 140 ft. high. Its walls are 20 ft. thick, and have alternately semicircular and rectangular recesses in them. In the centre of the dome is a circular opening 30 ft. in diameter open to the sky, the only source from which the light is obtained. The rotunda is preceded by a portico, originally built by Agrippa as the front of the rectangular temple erected by him, taken down and re-erected after the completion of the rotunda, with the omission of the two outer columns. In other words Agrippa’s portico was decastyle; the actual portico is octastyle.

Basilicas.—The earliest example of which remains exist is that of the Basilica Julia on the Forum, the complete plan of which is now exposed to view. It consisted of a central hall measuring 255 ft. by 60 ft., surrounded by a double aisle of arches carried on piers, which were covered with groined vaults. The Basilica Ulpia built by Trajan was similar in plan, but in the place of the piers were monolith columns, with Corinthian capitals carrying an entablature, with an upper storey forming a gallery round.

The third great basilica, commenced by Maxentius and completed by Constantine, differs entirely from the two above mentioned. It followed the design and construction of the Tepidarium of the Roman thermae, and consisted of a hall 275 ft. long by 82 ft. wide and 114 ft. high, covered with an intersecting barrel vault with deep recesses on each side which communicated one with the other by arched openings and constituted the aisles.

Theatres.—The only example in Rome is the theatre of Marcellus, built by Augustus 13, and one of the purest examples of Roman architecture. Amongst the best preserved examples is the theatre of Orange in the south of France, the stage of which was 203 ft. long. In the theatre at Taormina in Sicily are still preserved some of the columns which decorated the rear wall of the stage. The theatre of Herodes Atticus at Athens ( 160) retains portions of its enclosure walls and some of the marble seats. There are two theatres in Pompeii where the seats and the stage are in fair preservation. Other examples in Asia Minor are at Aizani, Side, Telmessus, Alinda, and in Syria at Amman, Gerasa, Shuhba and Beisan.

Amphitheatres.—The largest amphitheatre is that known as the Colosseum, commenced by Vespasian in 72, continued by Titus and dedicated by the latter in  80. This refers to the three lower

title: Page:EB1911 - Volume 02.djvu/405


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/4

No. 10-5363 on the license issue and awarded RMMI $903,349.17 in damages. Roger Miller Music, Inc. v. Sony/ATV Publishing, LLC, No. 04-1132, 2010 WL 1026980, at *3 (M.D. Tenn. Mar. 18, 2010) (RMMI III). Sony timely appealed, arguing that it owned the renewal copyrights to the 1964 songs and, alternatively, that the district court's sua sponte reversal of its previous holding on the license issue was both procedurally impermissible and substantively incorrect.

'''II. ANALYSIS'''

A. Standard of Review

“‘A matter requiring statutory interpretation is a question of law,’” which we review de novo. Roberts v. Hamer,, 582 (6th Cir. 2011) (quoting United States v. Brown, , 737 (6th Cir. 2011)).

B. Copyright Infringement

This case presents an interstitial issue of copyright law. Miller's assignment of the renewal copyright would indisputably have been made effective if he had still been living at the commencement of the renewal term on January 1, 1993. Equally indisputable is that the assignment would have been rendered ineffective if Miller had died before 1992. This case is before us because Miller was still living at the time in 1992 that his assignee applied to register the copyright, but Miller died before the start of the renewal term. RMMI contends that Miller must have been living at the start of the renewal term to effectuate his assignment to Sony, but Sony counters that Miller needed to survive only until the time at which the application was filed. Sony is correct that the Copyright Act supports the effectiveness of assignments in such circumstances.


text:
User talk:205.143.219.161

Welcome
Welcome

Hello, and welcome to Wikisource! Thank you for your contributions. I hope you like the place and decide to stay. Here are a few good links for newcomers:

 * Help pages
 * Style Guide
 * Inclusion policy
 * For Wikipedians

You are welcome to continue editing articles without logging in, but you may wish to  [ create an account] . Doing so is free, requires no personal information, and provides several benefits. Creating an account on Wikisource has many of the same benefits as creating an account on Wikipedia. For one thing, if you continue to edit without a username, your IP address is used to publicly identify you.

In any case, I hope you enjoy donating your time to grow the Wikisource library that is free for everyone to use! In discussions, please sign your comments using four tildes ( ~ ); this will automatically produce your IP address (or username if you're logged in) and the date. If you need help, ask me on my talk page, or ask your question here (click  [ edit] ) and place  before your question. Again, welcome! Beeswaxcandle (talk) 00:39, 5 December 2012 (UTC)

title: User talk:205.143.219.161


text:
Page:Public General Statutes 1896.djvu/265

1896.

 * }


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/3

No. 10-5363 In December 2004, RMMI brought suit against Sony for copyright infringement, seeking damages and a declaration that RMMI was the owner of the renewal copyrights to the songs Miller composed between 1958 and 1964. At this stage in the litigation, Sony did not contend that it owned the renewal copyrights to the 1964 songs or dispute RMMI's contention that ownership vested in RMMI due to Miller's death prior to the start of the renewal term. The district court granted Sony's motion for judgment on the pleadings, holding that Sony owned the renewal copyrights to the 1958-1963 songs and that it held an implied, non-exclusive license to exploit the 1964 songs based on RMMI's actions and inactions in accepting royalty payments without objection. Roger Miller Music, Inc. v. Sony/ATV Publishing, LLC, No. 04-1132, 2005 WL 5351103, at *1 (M.D. Tenn. July 11, 2005) (RMMI I). Sony subsequently filed a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e), arguing that it owned the renewal copyrights to the 1964 songs because it had applied to register them prior to Miller's death. The district court treated Sony's previous position regarding the 1964 songs as a binding judicial admission and refused to hear Sony's arguments on the issue.

Both parties appealed, and a previous panel of this court affirmed as to Sony's ownership of the copyrights to the 1958-1963 songs, but reversed the holding that Sony's previous statements regarding the 1964 songs constituted judicial admissions. Roger Miller Music, Inc. v. Sony/ATV Publishing, LLC,, 391-95 (6th Cir. 2007) (RMMI II). We remanded for a determination of whether the district court should hear arguments on ownership of the renewal copyrights to the 1964 songs.

On remand, the district court concluded that Sony did not own the renewal copyrights, because Roger Miller had died prior to the vesting of the renewal rights and assignees were not included in the list of statutory successors, and the court thus denied Sony's Rule 59(e) motion. The court incorporated its previous decision that Sony held an implied license to exploit the 1964 songs, but nonetheless appointed a Special Master to conduct an accounting of the infringement damages owed to RMMI. Sony objected to the Special Master's report on the grounds that Sony's status as a licensee precluded any liability for infringement. In response, the district court reversed its prior holding


text:
User talk:Ning-ning

Welcome
Welcome

Hello, Ning-ning, and welcome to Wikisource! Thank you for. I hope you like the place and decide to stay. Here are a few good links for newcomers:
 * Help pages
 * Style guide
 * Inclusion policy
 * For Wikipedians

You may be interested in participating in Add the code active projects, PotM or CotW to your page for current wikisource projects.
 * Proofread of the Month
 * Community collaboration
 * Requested texts

You can put a brief description of your interests on your user page and contributions to another Wikimedia project, such as Wikipedia and Commons.

I hope you enjoy contributing to Wikisource, the library that is free for everyone to use! In discussions, please "sign" your comments using four tildes ( ~ ); this will automatically produce your IP address (or username if you're logged in) and the date. If you need help, ask me on my talk page, or ask your question here (click  [ edit] ) and place  before your question.

Again, welcome! Beeswaxcandle (talk) 00:59, 5 December 2012 (UTC)

Some tips
Hope that you are enjoying your editing, you haven't picked the easiest work to start upon. Anyway, though a couple of tips that may be useful. Best of luck. If you have any questions, then Scriptorium is well populated, and we are pretty friendly and helpful. — billinghurst  sDrewth  10:43, 7 December 2012 (UTC)
 * [//en.wikisource.org/w/index.php?title=Page%3ARivers%2C_Canals%2C_Railways_of_Great_Britain.djvu%2F93&diff=4164952&oldid=4164899 This edit] of mine demonstrates the use of the end part of the hyphenated word start/hyphenated word end pair that allows us to hide hyphenation when we transclude pages
 * that edit also shows how we use RunningHeader to manage the top bit
 * on the previous page there are some gull braces in the table, a way to handle that is with the brace2 which is expandable, and I find it works best if you create an extra column in the table to house it, may have to use rowspan depending on how you structure your tables.
 * Thanks! Ning-ning (talk) 16:55, 7 December 2012 (UTC)

title: User talk:Ning-ning


text:
Page:Public General Statutes 1896.djvu/264

244

 * 32 & 33 Vict. c. 31.
 * Oyster and Musell Fisheries Orders Confirmation Act, 1869 (No. 2)
 * Oyster and Musell Fisheries Orders Confirmation Act, 1869 (No. 2)

 * 56 & 55 Vict. c. 37.
 * (Part I.)
 * (Part I.)

 * }


text:
Page:Melbourne and Mars.djvu/63

Rh 'But he is not extinct,' answered Dr. Somers, 'there are hundreds yet in use in the stone quarries of Kempton and in the marble quarries of Middleham.'

'True! but he is doomed; it takes all that an acre of rich land can grow to feed him; he cannot compete with electricity that eats nothing, and he is not so hardy as the ass who picks up his food by the wayside, and does not leave his home. Our feathered friends and a few small playfellows will be all our animals in a few years hence.'

'Very probably,' said Dr. Somers; 'but after all a human life is more valuable than an animal one, and being capable of more happiness ought to be encouraged.'

'So it is,' assented Grayson, 'and more than that, humans themselves are always undergoing selection; nature at the last only conserves the best. The criminal, the pauper, the vagrant, the selfish livers have in turn all had to go, and even the few mostly harmless lunatics found in our asylums are fewer in number each decade, and the number of incurables in our hospitals does not increase. The rigour of our long winters used to kill thousands of our people, but now pulmonary diseases are very rare. To-day we are more numerous, longer lived, healthier, more prosperous, happier than we have ever been.'

'What is the number of our population?' I asked.

'In round numbers five thousand two hundred and thirty-seven millions, about four times the present population of the earth. We are not at a standstill; there is a gradual increase still going on. We number four times as many as dwell on the earth, and that planet is far larger and its resources greater. When the earth has twenty thousand millions of people upon its surface it will not be densely populated,' answered Grayson.

'The Malthusian idea need not trouble earth-dwellers for some ages,' I remarked, looking at Dr. Somers, whom I could see had something to say.

The doctor drew her seat forward and came to where the light revealed her more fully. I then saw that she was a grand and handsome woman, with clearly defined features, a massive forehead, and eyes that seemed capable of at once revealing her soul and exploring the innermost recesses of those around her. She was not young, she might be five and twenty but her face was unwrinkled, and her hair a wavy brown without a thread of gray in it.

I learned afterwards that she was a distinguished physician and a metropolitan teacher of physiology.

Slowly and impressively the doctor began to speak. Evidently she meant to say something final regarding Malthusianism as taught in both worlds. She said:—'We have been speaking in a cursory manner about a subject to which I have paid much thoughtful attention, and about which I feel

title: Page:Melbourne and Mars.djvu/63


text:
Page:Melbourne and Mars.djvu/64

62 deeply. These worlds are the creations of the Divinity; the father and mother God rules beneficently in both. We may take it for granted that He knows something about mating and governing planets of various sizes and kinds and adapting life to its surroundings. Here are two populations, both human, both civilised to a certain extent, both morally responsible, both religious in proportion to capacity, and yet both doubting and fearing. Why is this? Our Maker has fitted us in all respects to our surroundings. Put an earth man on Mars, and the internal pressure of air would explode him, and if he could endure our comparatively rarefied air he would not be able to adapt his muscles to our half pressure gravitation. With our light he could hardly see, and even our summer temperature would starve him. Our temperate zones in winter would remind him of Greenland and Spitzbergen; our frosts would certainly congeal his great watery body. Put a martial man on Earth and the density of the atmosphere would crush his organs together; his muscles would not enable him to drag along; the moist, hot air would suffocate him, the light would blind him, and though a man on Mars he would appear a dwarf amongst the larger and more burly and muscular earth men. Surely if the Deity has made humans with so much in common and yet so different, he has in other respects adapted them to the worlds they occupy. The human race grows upon its planet as an individual grows. It is at first little, weak and inefficient; then it gains strength and grows more rapidly. In a while it attains to its full size, but is not educated, matured, perfected. As it lives on it improves, becomes more sensible, more intelligent, more moral; it purges itself of selfishness and becomes more altruistic. A race life is the same. The race on earth is young yet, it is that of a child. It has not yet learned to talk properly; its nations remind us of children heaping up ridges of sand and saying, 'This is my house,' and fighting if one knocks down a wall and claims two shares. So far the race has wasted most of its force in fighting for small slices of cultivated land while three-fourths of the earth is yet a wilderness. Arbitration between nations is but commencing, and Federation of a few of the most civilised and powerful nations is but a dream of the future. They are where we were a thousand years before the declaration of Perpetual Peace, and our population has increased fivefold since then. It may yet increase, may even double again and be easily sustained. Science has told us this; nothing is more sensitive than population. If there is room for expansion it expands, if life becomes harder it remains stationary, and if the conditions become painfully severe, as in the Black Century, it decreases, and all this without any special action of optimist or pessimist. When a planet is full of happy human life the race may be said to have attained to manhood and maturity. It may then remain full until the conditions again change, and the human life and that of the planet pass into senility together. If there are any creators then their cry will be that the race is growing old

title: Page:Melbourne and Mars.djvu/64


text:
Page:Public General Statutes 1896.djvu/263

1896.

 * 54 & 55 Vict. c. 37
 * (Parts III. and IV)
 * (Parts III. and IV)
 * }


text:
The Encyclopedia Americana (1920)/Orchard, Harry

ORCHARD, Harry (real name ), American assassin: b. Northumberland County, Ontario, Canada, 18 March 1866. He killed ex-Governor Steunenberg of Idaho with a bomb in December 1905, was arrested, brought to trial, sentenced to death and later received commutation to life imprisonment. He made what purported to be a complete confession in which he admitted himself a forger, arsonist and professional murderer. He claimed to have been employed by the Western Federation of Miners in the commission of his crimes

and laid definite charges against its leaders, Haywood, Moyer and Pettibone, who were tried for complicity in Orchard's crimes, but were acquitted. Orchard's confession, believed to be sincere by Rev. E. S. Hinks, dean of Saint Michael's Cathedral, Boisé, Idaho, absolved the general membership of the unions from knowledge of the acts of the leaders, but laid the most serious charges against the officers of the unions. The labor leaders denounced the confession as a conspiracy against labor organizations. It was published in serial form in McClure's Magazine and in book form, ‘The Confessions and Autobiography of Harry Orchard’ (1907).


text:
Page:Public General Statutes 1896.djvu/262

242

 * 37 & 38 Vict. c. 40.
 * Part II
 * Part II

 * }


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/2

No. 10-5363  _________________

OPINION _________________

KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Sony/ATV Publishing, LLC (“Sony”) appeals the district court's judgment in favor of Plaintiffs-Appellees Mary Miller and Roger Miller Music, Inc. (collectively, “RMMI”) on their copyright infringement claim and the award of $903,349.17 in damages. Because the Copyright Act makes clear that the renewal copyright vested with Roger Miller, and thus with Sony as his assignee, we REVERSE the district court's judgment and REMAND with instructions to enter judgment in favor of Sony.

I. BACKGROUND

Famed singer and songwriter Roger Miller, best known for the hit song “King of the Road,” assigned the original and renewal copyrights to his songs to Tree Publishing Co. (Sony's predecessor-in-interest) in a series of contracts in the 1960s. In exchange for this assignment, Miller was entitled to receive royalty payments from the use of his songs. Relevant to this litigation are the songs originally copyrighted in 1964, for which the renewal copyright term began January 1, 1993.

Sony filed applications to register the renewal copyrights for the 1964 songs with the United States Copyright Office in January and April 1992 and subsequently registered these copyrights. Miller died on October 25, 1992. In his will, he granted all interests in his intellectual property to his wife, Mary; Mary Miller assigned these interests to Roger Miller Music, Inc. Over the next twelve years, Sony continued to exploit the 1964 songs and pay royalties to RMMI.


text:
Page:Public General Statutes 1896.djvu/261

1896.

 * }


text:
The Encyclopedia Americana (1920)/Steuben, Friedrich Wilhelm August Heinrich Ferdinand, Baron von

STEUBEN, (Ger. ), Friedrich Wilhelm August Heinrich Ferdinand, , Prussian soldier and American general: b. Magdburg, Prussia, 15 Nov. 1730; d. Steuben, Oneida County, N. Y., 28 Nov. 1794. Before coming to America he had attained the rank of lieutenant-general in the Prussian army, and had won distinction in the Seven Years' War. At its close he retired from military life, but was persuaded by colonial representatives in France to come to the assistance of the American people. He at once became an enthusiastic supporter of the American cause, and, tendering his services to Congress in 1777, was assigned to the main army under Washington at Valley Forge. His splendid discipline and ability as an organizer were at once recognized by Washington, who recommended his appointment as inspector-general of the entire army. Unable to attain a separate command in the open field, he spent most of his time recruiting the forces sent to those who took a more prominent part in the war; but it was undoubtedly due to his almost unrecognized efforts that the American troops were from the first so well organized and disciplined a body. He attained at last his coveted place as an officer in the line, and as major-general of the forces at Yorktown received the first offer of capitulation from Lord Cornwallis. Refusing to be relieved by Lafayette, he was allowed to remain with his command until the complete surrender of the enemy. At the close of the war he was refused pecuniary remuneration which he had asked of the colonics in the event of their success, but to recuperate his fortunes, abandoned for their cause, was subsequently awarded several grants of land, among them a township in northern New York, where he spent the remainder of his life in a log-cabin, within the present limits of Utica, N. Y., and where a monument to his memory was unveiled 3 Aug. 1914. Consult Sparks, ‘American Biography’; Kapp, ‘Life of Steuben’ (1860).


text:
Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/1

 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 12a0049p.06

Appeal from the United States District Court

for the Middle District of Tennessee at Nashville.

No. 04-01132—William J. Haynes, Jr., District Judge.

Before: MOORE and ROGERS, Circuit Judges; HOOD, District Judge

 _________________

COUNSEL _________________

ARGUED: Barry I. Slotnick, LOEB & LOEB LLP, New York, New York, for Appellant. John J. Griffin, Jr., KAY GRIFFIN ENKEMA & COLBERT, PLLC, Nashville, Tennessee, for Appellees. ON BRIEF: Barry I. Slotnick, Jonathan N. Strauss, Shelly Elimelekh, LOEB & LOEB LLP, New York, New York, Robert L. Sullivan, LOEB & LOEB LLP, Nashville, Tennessee, for Appellant. John J. Griffin, Jr., KAY GRIFFIN ENKEMA & COLBERT, PLLC, Nashville, Tennessee, for Appellees.

The Honorable Joseph Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation.


text:
Page:Public General Statutes 1896.djvu/260

240

 * 48 & 49 Vict. c. 72.
 * Sections seven to ten of the
 * Sections seven to ten of the

 * }


text:
Page:Public General Statutes 1896.djvu/259

1896.

 * And the enactments applied by that Act which are for the time being in force.
 * And the enactments applied by that Act which are for the time being in force.
 * And the enactments applied by that Act which are for the time being in force.

 * 43 & 44 Vict. c. 36.
 * , so far as it relates to Post Office Savings Banks.
 * 50 & 51 Vict. c. 40.
 * Parts 1. and III. of the |
 * 54 & 55 Vict. c. 21.
 * So much of the as relates to the Post Office Savings Bank
 * 54 & 55 Vict. c. 21.
 * So much of the as relates to the Post Office Savings Bank
 * So much of the as relates to the Post Office Savings Bank

 * }


text:
Page:Public General Statutes 1896.djvu/379

1896. (c) the position, direction, and extent of every known fault or dislocation of the seam with its vertical throw;

(d) the position of the workings with regard to the surface boundary;

(e) the general direction and rate of dip of the strata; and

(f) a statement of the depth of the shaft frpm the surface to the seam abandoned; and

(ii.) A section of the strata sunk through, or, if that is not reasonably practicable a statement of the depth of the shaft with a section of the seam.

"Every such plan must be on a scale of not less than that of the Ordnance survey of twenty-five inches to the mile, or on the same scale as the plan used at the mine at the time of its abandonment, and its accuracy must be certified, so far as is reasonably practicable, by a surveyor or other person approved in that behalf by an inspector of mines.

"(2.) The plan and section shall be preserved under the care of the Secretary of State; but no person, except an inspector under this Act, shall be entitled without the consent of the owner of the mine or seam, or the licence of a Secretary of State, to see the plan when so sent until after the expiration of ten years from the time of the abandonment. Provided that such licence shall not be granted unless the Secretary of State is satisfied that the inspection of such plan is necessary in the interests of safety."

(2.) The High Court, or, in Scotland, the Court of Session, may, on application by or behalf of the Secretary of State, make an order requiring any person who has, for the time being, the custody or possession of any plan or section of an abandoned mine or seam to produce it to the Secretary of State for the purpose of inspection or copying.

5.—(1.) The inspection before the commencement of work Amendment required by Rule 4 (i) contained in section forty-nine of the of general principal Act, shall extend to all working places in which work is temporarily stopped within any ventilating district in which the men have to work.

(2.) A safety lamp shall not be used in any mine or part of a mine by any person employed therein unless it is provided by the owner of the mine, and no portion of any safety lamp shall be removed by any person from the mine while the lamp is in ordinary use.

(3.) In Rule 12 of the general rules contained in section forty-nine of the principal Act, for the words "nor shall coal or coal dust be used for tamping shall be substituted the words" and "only clay or other non-inflammable substances shall be used for stemming, and shall be provided by the owner of the mine."

6. A Secretary of State on being satisfied that any explosive Provision as to is or is likely to become dangerous, may, by order, of which notice explosives, shall be given in such manner as he may direct, prohibit the use


text:
Page:Public General Statutes 1896.djvu/380

360 thereof in any mine, or in any class of mines, either absolutely or subject to conditions, and the provisions of the principal Act as to contraventions of general rules shall apply to contraventions of any such prohibitions.

7. This Act may be cited as the Coal Mines Regulation Act, 1896, and the principal Act and the and this Act may be cited collectively as the Coal Mines Regulation Acts, 1887 to 1896.

  An Act to amend the Truck Acts.[14th August 1896.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1.—(1.) employer shall not make any contract with any workman for any deduction from the sum contracted to be paid by the employer to the workman, or for any payment to the employer by the workman, for or in respect of any fine, unless

(a) the terms of the contract are contained in a notice kept constantly affixed at such place or places open to the workmen and in such a position that it may be easily seen, read, and copied by any person whom it affects; or the contract is in writing, signed by the workman; and

(b) the contract specified the acts or omissions in respect of which the fine may be imposed, and the amount of the fine or the particulars from which that amount may be ascertained; and

(c) the fine imposed under the contract is in respect of some act or omission which causes or is likely to cause damage or loss to the employer, or interruption or hindrance to his business; and

(d) the amount of the fine is fair and reasonable having regard to all the circumstances of the case.

(2.) An employer shall not make any such deduction or receive any such payment, unless —

(a) the deduction or payment is made in pursuance of, or in accordance with, such a contract as aforesaid; and

(b) particulars in writing showing the acts or omissions in respect of which the fine is imposed and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made.

(3.) This section shall apply to the case of a shop assistant in like manner as it applies to the case of a workman.

2.—(1.) An employer shall not make any contract with any workman for any deduction from the sum contracted to be damaged goods, paid by the employer to the workman, or for any payment to the employer by the workman for or in respect of bad or negligent


text:
Page:Public General Statutes 1896.djvu/381

1896. work or injury to the materials or other property of the employer, unless—

(a) the terms of the contract are contained in a notice kept constantly affixed at such place or places open to the workmen and in such a position that it may be easily seen, read, and copied by any person whom it affects; or the contract is in writing, signed by the workman; and

(b) the deduction or payment to be made under the contract does not exceed the actual or estimated damage or loss occasioned to the employer by the act or omission of the workman, or of some person over whom he has control, or for whom he has by the contract agreed to be responsible; and

(c) the amount of the deduction or payment is fair and reasonable, having regard to all the circumstances of the case.

(2.) An employer shall not make any such deduction or receive any such payment unless—

(a) the deduction or payment is made in pursuance of, or in accordance with, such a contract as aforesaid; and

(b) particulars in writing showing the acts or omissions in respect of which the deduction or payment is made and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made.

3.—(1.) An employer shall not make any contract with any workman for any deduction from the sum contracted to be paid by the employer to the workman, or for any payment to the employer by the workman for. or in respect of, the use or supply of materials, tools or machines, standing room, light, heat, or for or in respect of any other thing to be done or provided by the employer in relation to the work or labour of the workman unless—

(a) the terms of the contract are contained in a notice kept constantly affixed at such place or places open to workmen, and in such a position that it may be easily seen, read, and copied by any person whom it affects: or the contract is in writing signed by the workman; and

(b) the sum to be paid or deducted under the contract in respect of materials, tools or machines, standing room, light, heat, or any other thing, does not exceed, in the case of materials or tools supplied to the workman, the actual or estimated cost thereof to the employer, or in the case of the use of machinery, light, heat, or any other thing in this section mentioned, a fair and reasonable rent or charge, having regard to all the circumstances of the case.

(2.) An employer shall not make any such deduction or receive any such payment unless—

(a) the deduction or payment is made in pursuance of, and in accordance with, such a contract as aforesaid; and

(b) particulars in writing showing the things in respect of which the deduction or payment is made and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made.

4. If any employer enters into any contract contrary to this Act, or makes any deduction or receives any payment contrary to


text: Index:Roger Miller Music v. Sony-ATV Publishing (2012).djvu