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Discussion in 'Trumpet Discussion' started by Alex_C, Jun 5, 2010.
I can find no reference to this ruling.
Pertinent context is "Prayer in (U.S.) Public Schools". Now can you name Irving Berlin's song?
U.S. Supreme Court - June 25, 1962, Engel v. Vitale
The title of Irving Berlin's song is "God Bless America", as was once so reknown when Kate Smith sang it.
No doubt in my mind that it is a "Prayer" in the context of the Court's judgement, but that doesn't stop me from playing it however, whenever and wherever I can.
This decision is rather straightforward and easily understood, even if you disagree with it. It has nothing to do with either White Christmas or God Bless America.
Popular and classical works of music are regularly performed in public schools in every part of the country I have lived in, even when they reference God or religious holidays.
True, nothing I know of to do with "White Christmas".
As to "God Bless America" tell that to the USAF, an arrangement of such by USAF (Langley AFB) as was begun to be performed recently at nearby Halifax Community College and stopped by school administrators citing such. As I grew up and went to public schools and performed in band, such was a staple in our repertoire. After said Judgemental decision and during the two years I taught in MD public schools, I never heard it, and I now know of no other public HS or State college or University band that has it in their repertoire or has performed it. This judgement also includes state funded libraries ... Carnegie Free Libraries excluded as they are private. The present owner of the copyright is the God Bless America Foundation as supports the Boy and Girl Scouts of the New York City metroplolitan area and now the 9-11 victim's families, inclusive of the Twin Towers, Pennsylvania, and Pentagon ... to me, this latter alone being worthy of what support I can do, and as such my CD, and the proceeds from the sale of it, is dedicated to such. If I exhaust my present supply, the Harry Fox Agency will gladly provide me another copyright license for more, really as such is legally pro forma. Ask, Pay and Given!
If a question is posed about USAF, or any other U.S. Military Band performing such or other popular copyrighted song, they are excluded from U.S. copyright law ... except when such is specificly banned by this legal decision. I now ponder if such is even available to listen to or peruse at the U.S. Library of Congress, knowing they have a minimum of 2 copies as is required to secure copyright.
Britain is signator to the Berne Copyright Convention, but I ponder if Canada, now self-governed acceeds to it as successor to the British.
Apparently certain verses of "Deuschland Uber Alles" are banned in Germany, and when I was over there, we were at a restaurant and a trumpet player was "busking" around the tables, he had a mute and sounded great. I'd rehearsed the German to ask him to play those two verses but of course with trumpet there are no words ....
I like the idea of playing for the Salvation Army too, they pay ringers $8 an hour which is huge money in my neck of the woods, it'd be great if they were OK with the "ringer" playing their own instrument if they sound decent, subject to audition or something.
If my income ever goes above $10 a day (average last year) or the $5 a day I may average this year, I'll consider playing for charity where I don't get anything, it goes to the charity.
There *is* solid info on copyright in this thread, thanks to Ed Of The Trumpet Patrol, and it reinforces my opinion that anything copyrighted shouldn't be played and thus, forgotten.
When I was young ... about 8th grade ... my instrumental mates and I ( 7 of us )volunteered to play Christmas carols for the Salvation Army kettle drive and at that time they used a real cast iron cooking pot, not unlike as is still used hereabouts to make Brunswick Stew. It was then positioned on the Post Office U.S. flag hard stand as connected to the main street sidewalk. Unlike the little gallon size locked kettles the SA now uses (to discourage "tipping the till" or "snatch and run") this kettle was huge as it set on the ground and rose to about my then knee height with perhaps an 18" plus opening. A uniformed SA Captain came by regularly to remove money from it, leaving a tally slip for what he had removed and leaving some. Compute people ... this was 1944 during the midst of WWII ... and I saw that kettle nearly full at times. We played 4 days from the time we could get there after supper until 9 PM. Also at times, someone would step in and sing along. Nearby restaurants carried to us hot chocolate which we would break to drink while it was hot. Oh, yes, the SA bell-ringer, a SA uniformed lady in a bonnet, the kind that seemed to fold toward her eyes and tied beneath her chin had a big handbell as was heavy, not the little tinkle things SA provides now. The snow would fall and our feet got cold, and it was difficult to play with gloves on, even though I had cut the finger tips off my right hand glove. The saxophonist wore no gloves, and would not play for a song or two while he warmed his hands in his pockets. The clarinetist went home early and didn't come back to play on the 23rd. Yes, we all earned nothing and speaking only for myself, this memory is priceless. When I returned to that town after serving in the USAF, never again did I see any SA or hear any Instrumentalist play Christmas carols on Main Street which had been revitalized into a pedestrian mall, such as the last time I was there was severely in commercial decline. If one then heard any Christmas carol, it was a recording. Immediately when I got out of USAF I no longer had my trumpets.
Now it's a bell-ringer at every entrance to a supermarket or anything else with any foot traffic at all, ringing their toy bells incessantly, they are VERY ANNOYING. When it was one ringer, I'd donate. Now, Fudgeddaboutit! I buy my clothes etc at the S.A. anyway so I'm doing my part, as for the ring-a-lings, they make me want to set up and sing "My Ding-A-Ling" by Chuck Berry "just to help".
OK for sure, I am going to bring my horn to the next 'tronics swapmeet, just for fun, and play a bit. And if someone asks what the horn costs, I'll say it's a million dollars!