When you
hear the word copyrights, the initial thought that comes to mind is using
something that doesn’t belong to you. Another term that is frequently used is plagiarism.
There are federal copyright laws that protect an individual’s original work.
When these laws are violated individuals are entitled to compensation. There
have been numerous music-copyrighted cases that have been tried across the
country. When plagiarism is identified and proven in court of law compensation
is awarded. In other cases both parties reach a settlement agreement.
Weinhaus
& Potashnick
reported that, “Michael Bolton was sued by the Isley Brothers for allegedly
lifting parts from their original song of the same name and in 1991 Despite
Michael Bolton and the co-author of the song’s argument that there was
insufficient evidence supporting the jury’s findings, the district court found
in favor of the Isley Brothers and left the largest award in history for
plagiarism in the music industry intact. The Isley Brothers were awarded 5.4
million dollars, the calculation based on sixty-six percent of past and future
royalties. (Also taken into account was twenty-eight percent of the past and future
royalties of the album Time, Love and Tenderness as Love is a Wonderful thing
is contained within that album).”
Photo taken by Shereen Williams
In a face-
to- face interview with Arthur Woodard, a Wilmington, Delaware musician stated
that copyrighting happen very often in the music industry. A lot of musicians
don’t have the financial means to hire advocates on their behalf. However he agrees with the
federal copyrighting laws that are currently in place to protect any original
material.
Arthur Woodard Back Front Dwight Williams Right Deja Woodard
Photo Taken By Shereen Williams
Travis L Smith stated,
“In this Case Gordon Jenkins (a song writer and singer)
accused Johnny Cash of copying and reproducing a song of his. The two songs
were slightly different but when set side by side, most of the lines sounded
the same, with the same lyrics even. After 15 years of dispute, this case was
actually settled outside of court, Jenkins sued Mr. Cash for defaming him with
the song that he originally wrote. This 1968 out of court settlement approached
the hundred thousand mark.”
Local New Orleans Band
Phil on drums Shockly left Tony Middle Shawn to the Right
Photo Taken By Shereen Williams
Do blogger have the same legal rights as journalist? Not
according to one federal judge in Portland, OR. In a report by Graeme
McMillan, “Judge Marco Hernandez ruled that “blogging does not, in fact,
equal journalism, and that bloggers do not necessarily deserve of the moral and
legal protections that ‘real’ journalists are given.”
Federal Court Building in Wilmington, Delaware Photo taken by Shereen Williams
Local bloggers were surprised to find out that there is a legal
difference between the two. However, bloggers and journalists have many characteristics
in common. For example, both have the right to apply for a press pass, which
allows all-access into an event. This pass is needed to cover newsworthy
stories. Bloggers are a part of the press and are great news sources. Attaining
press passes to cover news events is really easy. Bloggers, photographers, videographers, writers
and journalists can be approved for press passes to an event. There is an
application process that needs to be followed.
IFNM reported, "To obtain a press pass you will need to
contact the organizers of the event approximately 6-8 weeks in advance and
follow their required protocol. The earlier you submit the media request form,
the greater your chances of obtaining accreditation (Your Press Pass / Press
Credentials for the event). Journalists requesting media credentials must
pre-register and collect their badges before entering the Press Office /
Registration desk. You can usually find the contact online. Please visit the
event organizers website and locate the contact information for the organizers
press relations department. If no press contact information is listed on their
website or they do not have a website, please call any number you can find
which is associated with the event and ask for the individual handling media
relations for the event you want to cover.”
In a face-to-face interview with a Wilmington, Delaware blogger Terica
Price described her experience in recently applying for press passes for the
Essence Music festival in New Orleans. “As a new blogger I was so excited to
find out that blogger have the opportunity to apply for press credentials? I personally
completed the online application that would give me complete press access at
the entire Essence Music Festival. They requested detailed information
concerning my blog. They was very interested in the blog they asked about the
blog the name web address and the numbers of following. I completed the full
media application, however the application was a day late. I assumed that the
press pass was approved for all access media passes. I was sadly mistaken. Once
I arrived to the event my name wasn’t on any list in the building. After they
looked for my name for fifteen minutes and didn’t find my name anywhere. They
asked me did I have any press any press credentials from my place of
employment. I reply “NO”. They explain that my registration was late, however
if you had your person media credentials they would of honor the press pass.
Than I asked her how do I apply for the credential she stated, at this time
they only honoring credential from individuals that actual work with press companies
as journalist with identification. In the future get regerstation in on time to
be considered. She stated, that I had to
pay just like general public for every event.
Local Blogger Terica Price In New Orleans Photo Taken by Shereen Williams
Then they asked me to leave the building immediately for security
purposes.
Price totally understands the legal standing between a blogger and
journalist. However this will not stop her from apply for media passes. In the
future I complete information request with in 6-8 weeks in advance. In addition
I will request written confirmation before attending any media events. However
I didn’t let this situation discourage me from reporting on my blog. Since than
I covered mainstream concerts, major news events and high fashion runway shows
in NYC.I may not be protected by the “Shield Law” however I am a reliable new
source and apart of the media ” (T. Price, Personal Communication, August 14,
2012)
New Orleans Bourbon Live Rhythm &Soul of Nola Sign no press pass needed to enter
Photo taken by Shereen Williams
Terica Price at the Eagles Training camp
Photo taken By Shereen Williams
Gag orders are very
important in many court cases. This order keeps the legal process confidential
and safe. This does limits the role of journalist, however it should give them
more creativity on how to report the story around the actual gag order. While
reviewing gag orders there were high profile cases that stood out: Michael
Jackson and the New York murder cases.
In a report by Lee Ross of Fox News, Los Angeles
Superior Court Judge, Michael Pastor, placed a gag order on both the
prosecution and defense team of Dr. Conrad Murray against any public discussion
of the ongoing case. Any breach of this order would be subject to contempt
charges and other sanctions. While the
gag order did limit Dr. Murray from talking to the press, it was nearly
impossible to keep the story out of national headlines. Journalists simply got
more creative on their reporting of this high-profile story.
The public records indicated that "The Venezuelan
judge issues gag order in high-profile murder case in New York, January 25, 2006. The
Committee to Protect JournalistsCondemns a Caracas
judge's decision to issue a gag order prohibiting news outlets from reporting
on the investigation into the 2004 murder of prosecutor Danilo Anderson.”
Future Lawyer Deja Woodard Under Gag Order
Photo taken by Shereen Williams
According to
the CPJ “Judge Florencio Silano, acting
at the request of Attorney General Isaías Rodríguez, barred the
"publishing, spreading or exposition" of any information about the
Anderson case. Among other things, Rodríguez said he wanted to protect the
prosecution's primary witness, Giovanny Vásquez de Armas, from what he called a
media campaign of harassment and psychological pressure.”
CPJ Executive
Director Ann Cooper said. “This gag order is a shocking attack on press freedom
and the right to information of all Venezuelan citizens, “We urge the
prosecutor to withdraw his request, which actively suppresses these human
rights." However this request was denied.
During a face-to-face
interview with Helen Carson a retired Delawarean investigator said, “I agree
that in the Anderson and Jackson cases the gag order was appropriate. Carson
believes strongly in the legal system. Witness that are testifying need to be protected,so
justice can be served. In early 1980’s I was involved in a high profiled
fraud case and it involved several major executives from huge banking firms. The
Delaware Judge ordered a temporary gag order to all legal participating parties
including the defendants. I was a new investigator in my professional career.
This order only lasted two weeks, however this felt like a lifetime. This case was
transferred to United States District
Court for the District in Delaware due to the
severity of the case. However I stayed in compliance with the order.”
(H. Carson, personal communication, August 09, 2012).
United States District Court In Wilmington, Delaware
Photo taken by Shereen Williams
When someone says ”What happens in Vegas
stays in Vegas” What comes to mine? The initial thoughts were confidentiality
or privacy. While talking with people in my local community there was
discussions surrounding major celebrities and there privacy. However the
celebrity’s weren’t the only victim’s of privacy invaded many community members
spoke out. However there has been local cases of emails hacking and peeping
toms that videotaping through windows.
Shereen Williams at a Eagles VIP
event keep every confidential No videos camera were allowed on the
players to keep their plays confidential
A Middletown, Delaware 40-year-old
woman states that, “My personal email was hacked and all identifying
information was stolen. My money was stolen out of her account and credit cards
were opened her name. I felt totally violated. When I became aware that someone
was invading privacy notified the local police depart and filed charges. I
became very familiar with the tort for invasion of privacy laws and identify
theft laws in Delaware. I currently run a class at the local YMCA that Protect
Your Identity” She stated the things I have done to protect myself are, I
currently change my email passwords every three months and I place uppercase
and lowercase letters in her password this cause its harder to break”.
Shereen Williams changing all
passwords to emails and social web sites
The state of Delaware
recognizes the common-law tort for invasion of privacy, which provides that one
who invades the right of privacy of another is subject to liability for the
resulting harm to the interests of the other person. Four separate claims
compose this tort, and Delaware recognizes all four claims (Beckett v.
Trice, C.A. No. 92C-08-029 (Del. Super. Ct. 1994).
The right of privacy is invaded by:
• Unreasonable intrusions upon the
seclusion of others;
• Appropriating another name or
likeness;
• Giving unreasonable publicity to
another private life; or
• Using publicity that unreasonably
places another in a false light before the public.
State law prohibits the unauthorized
interception of wire, oral, and electronic communications, with certain specific
exceptions. Anyone who willfully commits an interception, attempts to commit an
interception, or procures another person to commit or attempt an interception
of any wire, oral, or electronic communication may be punished with fines and
imprisonment. The law further prohibits disclosing or using the communication
that was obtained illegally.
Exceptions. Although there are several
exceptions to this law, the exceptions most relevant to employers are the
consent exception and the “ordinary course of business” exception. Under the
consent exception, it is lawful to intercept a communication in which the
person is a party to the communication, or one of the parties to the
communication has given prior consent to the interception. To fall within the
ordinary course of business exception, the employer must be a provider of a
wire or electronic communications service.
Reality Star Shanda Freemen left and
Shereen Williams right discussing the rights to her promotional video be posted on a blog
Geragos a celebrity attorney, "he has helped to settle a $2.5 million
lawsuit against the owner of a charter jet company that is now defunct. The
company reportedly recorded Geragos and his attorney partner along with Michael
Jackson as the group flew from Las Vegas to Santa Barbara. The flight occurred
when Jackson was going to turn himself in because of child molestation charges.
In 2010, a $20 million award to the attorneys was thrown out by an appeals
court, which then offered to give the attorneys $750,000. Kabateck said that he
was happy with the amount of the settlement and would strongly work to collect
all of it. He also said that the amount of the settlement would hopefully send
a strong message to others trying to do such a thing".
"Borer and one of
his associates pled guilty to conspiracy almost two years ago in the case of
videotaping Jackson and his two lawyers. Jackson was later acquitted of the 14
charges against him in the case. The lawyer for Borer, Hirschbaum, claims that
Geragos and Harris did not have any damages that could be proven. Instead, the
settlement helped all involve stay away from a three or four day retrial of the
case. The invasion of privacy lawsuit was filed against Borer and XtraJet in
November of 2003 by Geragos, Harris and Jackson. Jackson removed himself as a
plaintiff in April of 2005”.
The Delaware laws are very clear when it come to invasion of
privacy. In the Jackson case it proved that Mr. Jackson was truly a victim of
invasion of privacy. This predator was exposed and tried and fined heavily.
This case should be a model to all present to all journalists. This action will
cause journalist to think and ask for permission before you posting
questionable footage.
Mr.
Biggs is the local tennis instructor in my community. He is is know as a
community leader. On Friday July 27,2012, during general conversation Mr. Biggz
revealed that he is an original member of the “Dynamic Concepts”. Arthur
Woodard is his birth name, but we all know him as “Biggz”. He is known in the
music industry as the lead guitar player in the group entitled “Dynamic
Concepts”. The native Delawarean man was born on September 3rd 1951
in Wilmington, Delaware. The group did international tour with Edwin Star.
The
group Dynamic Concepts was formed in 1965.He was only 12 years old. The original
group had eight members. The Dynamic Concepts consisted of eight African
American and Hispanic band members from Wilmington Delaware. (Please See Photo
Below):
Photo Taken By Andrew Young
Top Right Greg Davis next him Samuel James
(back round singer Trumpet) Ronald Reed (Drums), top right James Johnson
(Singer, Saxophone, Flute), bottom Left James Bayard (Trumpet), Frank Clark
(bass guitar) Raufeia Coullezo (Congo’s and back round vocals) Ronal Jackson
(Drums) and Bottom right Arthur Woodard Biggz (Lead Guitar).
SW
asked: When did your parents find out that you had a talent of playing the
guitar well?
Biggz
stated “That his parents never knew that he would take playing the guitar so
serious. They realized that he a great talent when people in the community came
back and told his parents how amazing he was playing that guitar at a local
festival.
SW
asked: Where did you hold practices and
how often?
Biggz
stated: “In 1965 the group started we practiced at Ronald Ridgeway’s house on
218 N Harrison street in Wilmington, Delaware twice a week. Music was there
form of expressing themself and keeping out of the local prisons. The local community respected the band members,
to the point where they were able to enter any part of the city and there was
no physical altercation.
By
the 1970 they we were intensely increase there scheduled practices to five days
a week for 8-to10 hour per day. These intensive practices session placed them on
the stage with groups such as: New Birth, Ojays, The Spinners Kool and the Gang
etc. They performed at the Uptown Theater, DuPont Hotel and Manhattan Center just
to name a few locations. They were being recognized all over the east coast however
they wanted a broader audience.
Actual Performace List From a show list
Compose by Charles E.McManus
The Big Break For the
Dynamic Concepts
Biggz
said: “In 1973, the eight-member group fly out to Los Angles California with a
dream to become famous musicians. We rented two-bed room apartment that was
share amongst eight men. We immediately stated pick up odd jobs and rehearsed at
the Musician Union in Hollywood, CA. This was a studio where major musicians
rehearsed. It was nothing to see groups such as Earth Wind and Fire, Jonie
Mitchell and Mandrill rehearsing at this studio”.
In the mean time we were performing at small
clubs in LA area. After a year of playing in small clubs in LA. They had a huge
breakthrough they connected with Lillian Kyle who was Edwin Starr manger. The
Dynamic Concept’s and Lillian and Edwin Star scheduled a meeting in South Pasadena
where they were rehearsing. After the rehearsal Mr. Starr offered the Dynamic
Concepts to play musical back round for his up and coming International tour
with Betty Wright, Arthur Connelly and Edwin Star. The group agreed to the
offer and got their passports and they were on their way to South Africa.
Copyrights Edwin Stars music and back round vocal done by Dynamic Concepts Inc.
The
group stayed at the Laundress hotel in South Africa. The tour lasted six weeks
in South Africa. Than this opened up door so they stared performing at bigger
vineyards in the United States. The relationship between Dynamic Concepts and
Mr. Edwin Starr developed to the point where they were actual friends with
Edwin Starr. The Dynamic Concepts on the album “Stay with me” they did all back
round vocals and all musical arrangements on this album”.
The Downward Spiral of
the Dynamic Concepts:
Biggz
stated: “In 1976, there were some group members that partnered with producers
in the UK. The business deal consisted of 18 original tunes from the Dynamic
Concepts Inc. The rights to the tunes were sold. However the entire band member
wasn’t included in this initial deal. All band members were not compensated
concerning this business deal. This decision cause serious chaos with in the group.
Shortly after the group broke up.
In March 1976 Biggz received a call from Delaware
stating that his father had pass away. During the funeral Biggz made the
decision that he was going to stay in Delaware to start a normal life with his
wife and children”. He briefly joined another group Name “Time Space Continues”
this was a shortly lived membership. Since
then he has been divorced twice. Biggz is now singing in a group name “Alice’s
Voice” at Second Presbyterian
Church in West Chester, PA. He is totally
comfortable in his music career now.
On Monday July 18,2012 in Washington, DC a representative
from the FDA confirmed that FDA approved a once-a-day pill that can drastically lower the risk of
contracting the HIV virus. The name of the medication is called Truvada it’s first
HIV virus prevention pill. This medication is not cheap the pill's
annual cost ranges from just under $11,000 up to $14,000. It's not clear what insurers will pay for it. As a surviving
family member of an uncle who lost his life in 1994 to AIDS related
complications. I totally endorse and support Truvada. It’s a break through in modern science and it will save
many lives.
The FDA previously approvedTruvada to be used in combination
such as with other antiretroviral
Emtriva® (emtricitabine 200 mg) and Viread® (tenofovir
disoproxil fumarate 300 mg), agents for the treatment of HIV-infected adults and children 12 years or
older. This medication is to be taken once a day with or without food.
Bottles of antiretroviral drug Truvada, the first approved by the FDA to prevent HIV infection
Photo Illustration by Justin Sullivan/Getty Images.
TRUVADA blocks the action of a protein that HIV needs to
infect your body
If you have HIV
infection, you may still get other infections that happen in people with
HIV like TB (tuberculosis) or fungus, while taking TRUVADA.
As a HIV advocate with an
organization called Each One Teach One in Wilmington, Delaware. Individuals
that are at high risk for the HIV virus will benefit from the daily dosage of
Travade. If the medication is taken daily it will cut the risk of receiving a
positive HIV results by 90%. However all other prevention measures must stay in
place so this medication will be effective.
The other option is to
remain giving positive HIV results. This is a complicated situation for a
medical provider. To reveal a positive HIV result is not an easy task to
conquer. Throughout the initial assessment the medical professional will
retrieve personal information to identify all risk factors that is associated
with the persons life style. Once an individual is diagnosed with HIV the
objective of the provider to educate and decrease the risk factors of the
individual transmitting this virus to someone else.
The medical provider must be
trained to give accurate information about prevention and services. However you
must properly educate the individual with the appropriate up to date medical
treatment/medication of current HIV treatment clinics. No matter how many years
you have been doing HIV counseling it is never easy to give a positive HIV
result.
There
are worries that people taking the pill might relax safe-sex precautions. But health
officials hope the pill will help reduce the number of Americans who get HIV
every year — a figure that has hovered around
50,000 for years. While it sounds
simple, the new prevention strategy involves a bunch of complicated issues
Dr. Ashraf Grimwood, he’s
concern that there could be serious negative consequences if Truvada starts
being used as an HIV prevention pill. Truvada currently is part of the primary
drug regimen in South Africa to treat HIV. Doctors here say Truvada has far
fewer side effects than most other AIDS drugs but it still has some. Dr. Ashraf
Grimwood, a longtime AIDS activist based in Cape Town and now the head of Kheth'lmpilo, says,
“He's already seeing decreased kidney function among some HIV-positive patients
who take Truvada. It’s unclear what the
long-term effect would be of putting healthy people on Truvada, but he worries
that it could cause more kidney failure.
Jim
Pickett says, that he has had the AIDS virus since 1995. He says had no
complications. Side effects from long-term use are unclear, but some of the
more serious complications linked with Truvada include kidney and liver
problems. The potential for those problems shouldn't be dismissed, but it's not
a reason to reject using the drug for prevention, said Pickett, whose group is
not affiliated with the San Francisco foundation. For some people, the risk of
kidney problems "10 years down the line may be less than the risk for
acquiring HIV, which is significantly more problematic and can be fatal,"
Pickett said. "We need options for
people. This is one option. It wouldn't be an option for everybody. It's not
meant for everybody," Pickett said.
This was a face-to-face interview that was conducted with author
Thomas Pointer at his initial book-signing event. The interview lasted 45
minutes right in the heart of Baltimore, MD on July 3rd, 2012 in room 107 in
the BWI Hilton hotel. There were 10 to 15 attendees. I spoke with an attendees
by the name of Terica Price and she stated,” They read the first six chapters
and the story engaged them in to read the complete book and this is a must read
book of the summer”. There was no cost to get into the event. However
individuals had to purchase the book for $10.00. Mr. Pointer was personally
signing each copy of the book that was purchased at this event. The book is
entitled “When Dark Secrets get Darker‘. Mr. Pointer was very excited
about his new and upcoming documentary entitled Thirty Days in Ghana, which was
filmed in West Africa. He discussed his bestseller book entitled “Dark Secrets
get Darker”. Mr. Pointer’s up and coming projects leaded us right into the
interview surrounding the book “When Dark Secret’s get Darker “.
SW: What is the concept behind your book “When Dark Secrets get
Darker”?
Mr. Pointer: The book is about a man named Benjamin Bishop an
investigator of a very powerful small law firm in the city of Baltimore, MD.
His client’s list ranged from thieves, judges and politicians. He was confronted
with a high profiled murder case, which made him analyze and question his moral
judgments.
SW: Are you the actual Mr. Benjamin Bishop in the “When Dark
Secrets get Darker “book?
Mr. Pointer: There are parts of me that are in Benjamin Bishop. People
that know me say that they see a lot of similarities.
SW: Where can your fans find your book?
Thomas Pointer at the book signing all right belong to Thomas Pointer Jr
Mr. Pointer: The book can be viewed on my website Thomaspointer.net
or http://whendarksecretsgetdarker.com/ where
anyone can read the first six chapters of the book for free. These chapters
will wheel the reader in. The reader will have no other choice but to purchase
the book at Amazon, or the eBook version on Barnes and Noble. The book is
selling for only ten dollars on either site.
SW: What are your up and coming projects?
Thomas Pointer shaking hands with a chief
in Ghana all photo rights belong to Thomas Pointer
Mr. Pointer: I did a documentary entitled thirty day in Ghana,
which is still editing now. I literally spent thirty days in Ghana. I had
the privilege of meeting a chief and the people of Ghana. I learned In
2011 Ghana was one of the fastest growing economic systems ranked higher than
United States and China. If you want to invest your money or buy a reasonable
home invest it in Ghana. Through out this documentary I wanted to focus on
bridging the gap between Ghanaians and African American people. This
relationship needs to be strengthened.
SW: Correspondent: Out of all the countries in the world why did
you choose Ghana?
Mr. Pointer: Ghana is one of the most stable countries in West Africa.
Ghana was the first country in West Africa to be independent from colonialism
in 1957.
SW: Where can your fans contact you?
Mr. Pointer: My fans can reach me on: Facebook, Twitter, Google search
Thomas Pointer Jr. also you can go to my website: Thomaspointer.net, or
