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Home :: Archive :: 1999 :: July ::
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The Shakespeare Conference: SHK 10.1230  Monday, 5 July 1999.

[1]     From:   Laura Fargas <
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        Date:   Friday, 2 Jul 1999 18:04:47 -0400 (EDT)
        Subj:   Re: SHK 10.1221 Re: Editing TV Tapes

[2]     From:   Andrew White <
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        Date:   Friday, 2 Jul 1999 22:32:29 -0400
        Subj:   Horatio Theory

[3]     From:   Michael Ullyot <
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        Date:   Wednesday, 30 Jun 1999 13:50:02 +0100
        Subj:   Time in Measure for Measure

[4]     From:   Dale Coye <
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        Date:   Friday, 2 Jul 1999 22:19:57 EDT
        Subj:   Re: SHK 10.1089 Martius or Marcius

[5]     From:   Earlene Hammock <
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        Date:   Friday, 2 Jul 1999 09:52:03 -0600
        Subj:   Re: SHK 10.1213 Sports and Shakespeare


[1]-----------------------------------------------------------------
From:           Laura Fargas <
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Date:           Friday, 2 Jul 1999 18:04:47 -0400 (EDT)
Subject: 10.1221 Re: Editing TV Tapes
Comment:        Re: SHK 10.1221 Re: Editing TV Tapes

 Larry Weiss wrote:

>"On this festive occasion our spirit unbends
>Let us never forget the Profession's best friends
>So we'll send the wine round, and a nice bumper fill
>To the jolly testator who makes his own will."
>              Trad. Barristers  Drinking Song

  <sigh>.  I thought that tune went out of fashion after _Jarndyce v.
Jarndyce_.

> One of the slipperiest concepts is the fair use doctrine (17 USC Sec.
> 107, in US law), which deliberately has no hard and fast rules.  And the
> limited exception for classroom exhibition specifically does not apply
> to exhibitions of motion pictures "by means of a copy that was not
> lawfully made under this title" (Sec. 110(1)).
>
> The best advice was Nick Kind's -- consult a real lawyer.

Piffle.  I am a real lawyer.  While poetry provides a comfortable annual
income in the high double digits, I have nevertheless been an appellate
litigator for the federal government for the past 21 years.

The number of answers real lawyers will give you on this point is equal
to at least the number of real lawyers you consult, times two.

Here are mine:

1.      Don't do it.  The first words out of the mouth of any properly
trained, cautious lawyer.

2.  Be moderate, and then don't worry about it.  The worst thing that
will happen to you (and your university) should someone take umbrage is
that you will get a cease-and-desist letter from the relevant
filmmaker/copyholder, and you will cease and desist.

In this context, being moderate means short bits (5% sounds prudent,
though I am making no representation that this is lawful), and NO
APPARENT PROFIT WHATSOEVER, not a penny.  Do not share your home-made
videos with your fellow academics; they can make their own.  Do not ever
make a copy of this film for any of your students, friends, in-laws or
neighbors or their pets.

This formula seems to be working reasonably well for Net pirates fans
who grab still shots or even fractions of footage or audio up to four or
five minutes from films or TV series, and who always accompany their
grabs with copyright avowals in the name of the original copyholder.
And the minute any objection is raised, the Net people pull the
offending material and post an apology.

Thus, Star Wars images are all over the Net now, but images of its cast
taken by one particular Lucasfilm photographer, Nigel Parry, were pulled
down the minute his legal representative e-mailed an objection to the
sites where they were found.  I have heard of a few other cases in which
offense has been taken, and the worst thing that has ever resulted is a
C & D order or the threat of one (ones I know of were sought by Aaron
Spelling, Paramount, Lucas, and the proprietor of some other popular
cult series) -- including from Lucasfilm, which is absolutely fanatical
about pursuing real-world infringements of its copyright or trademark.

and, answer 3:  Why don't you write and ask permission? Perhaps
precisely because I have spent a couple decades as a litigator, I've
formed the opinion that much trouble would be avoided if Miss Manners
were consulted prior to Dr. Blackstone.

For an excellent history of the Fair Use doctrine-which may help to
soothe nervous academic administrators when you begin using your
video-see Stanley Lindberg, The Nature and History of Copyright. -- I
may be off on the title of the book, but the author is definitely
correct.

Laura Fargas

[2]-------------------------------------------------------------
From:           Andrew White <
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Date:           Friday, 2 Jul 1999 22:32:29 -0400
Subject:        Horatio Theory

RE:  Horatio's assertion that he came to Elsinore to see Hamlet Sr.'s
funeral --

I have never believed that line.  He is introduced in the first scene
has having been brought to the ramparts (if not to Elsinore)
specifically to interpret the meaning of the Ghost.  "Thou art a scholar
..."  His knowledge of theology and how to handle spirits were needed.

That he says he came for King Hamlet's funeral, well, here's where the
actor in me rebels against a literal interpretation of the text.  The
audience knows full well he is there (with guard in tow) to tell Hamlet
about his father's ghost, not to attend his father's funeral.  I take
the awkward reference to the funeral as being the only way Horatio can
keep the conversation going at an even, measured pace.  He knows what he
has to say, but knows as well that simply blurting it out won't do,
friends don't lay heavy news on friends immediately, they try to set
each other at ease before they do.

I don't doubt that he was Hamlet's friend, and a special one who didn't
impose himself on the prince, only coming when invited to do so.  R&G,
by contrast, are classic suck-ups, who would pester Hamlet night and day
with bawdy jokes (thinking to flatter), debate-team tropes, anything to
ingratiate themselves to a man near the seat of power.

Yet another crackpot theory courtesy of:

Andrew White
Arlington, VA

[3]-------------------------------------------------------------
From:           Michael Ullyot <
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Date:           Wednesday, 30 Jun 1999 13:50:02 +0100
Subject:        Time in Measure for Measure

I am posting this response on behalf of a colleague:

* * * * * * * * *
As far as time in Measure for Measure goes, a more serious difficulty is
the Duke's point (in I.ii) that 19 years have elapsed since the letter
of the law first fell into disuse, which conflicts with Claudio's
reference (in I.iii) to only 14 "zodiacs" that have gone round. Or
perhaps I've got this the wrong way round?

Michael Ullyot

[4]-------------------------------------------------------------
From:           Dale Coye <
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Date:           Friday, 2 Jul 1999 22:19:57 EDT
Subject: 10.1089 Martius or Marcius
Comment:        Re: SHK 10.1089 Martius or Marcius

In Anglicized Latin Martius and Marcius are the same  /MAR shuhs/- where
the second syllable has a schwa, hence the confusion in the spelling.

Dale Coye
The College of NJ
"Pronouncing Shakespeare's Words: A Guide from A to Zounds"

[5]-------------------------------------------------------------
From:           Earlene Hammock <
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Date:           Friday, 2 Jul 1999 09:52:03 -0600
Subject: 10.1213 Sports and Shakespeare
Comment:        Re: SHK 10.1213 Sports and Shakespeare

Just a note that may or may not confirm Tom's musing on Shakespeare in
Love as an example of "highlights"; this review of Shakespeare in Santa
Fe's Two Gentlemen of Verona is from The New Mexican, July 1.  About the
actress playing Julia:

"This conceit of a female impersonating a male will serve the future
Rosalind, Viola and Imogen.  It becomes even more of a mind teaser when
one realizes that all the women's roles were played by men.  Is there
anyone who has not seen Shakespeare in Love?"

Perhaps the reviewer, Joseph Portal, uses Shakespeare in Love to teach
local newspaper readers something about the plays?

------------------------------

Date:    Mon, 5 Jul 1999 08:56:52 -0400
From:    "Hardy M. Cook" <
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Subject: Re: Unwitnessed Events
Comment: SHK 10.1231  Re: Unwitnessed Events

The Shakespeare Conference: SHK 10.1231  Monday, 5 July 1999.

[1]     From:   Sean Lawrence <
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        Date:   Friday, 02 Jul 1999 09:01:59 +0000
        Subj:   Re: SHK 10.1219 Re: Unwitnessed Events

[2]     From:   C. David Frankel <
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        Date:   Friday, 2 Jul 1999 19:49:06 -0400
        Subj:   RE: SHK 10.1219 Re: Unwitnessed Events

[3]     From:   Michael Ullyot <
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        Date:   Wednesday, 30 Jun 1999 13:47:32 +0100
        Subj:   SHK 10.1219: Unwitnessed events


[1]-----------------------------------------------------------------
From:           Sean Lawrence <
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Date:           Friday, 02 Jul 1999 09:01:59 +0000
Subject: 10.1219 Re: Unwitnessed Events
Comment:        Re: SHK 10.1219 Re: Unwitnessed Events

One example that leaps immediately to mind is the description of the
Field of the Cloth of Gold at the beginning of Henry VIII.  A large
number of events in H8 have on-stage audiences; in this case, the events
are seen only through the eyes of the on-stage audience.

Cheers,
Se

 

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