Posts Tagged ‘property rights’

This Land Is My Land copyright challenge

As I went walking I saw a sign there.
And on the sign it said “(C) — Guthrie estate”
But on the other side it didn’t say nothing,
That side was made for you and me.

“Following their successful actions to bring the songs ‘Happy Birthday’ and ‘We Shall Overcome’ into the public domain, New York law firm Wolf Haldenstein Adler Freeman & Herz are now taking on a similar action for the Woody Guthrie classic, ‘This Land Is Your Land.'” [IP Flow/Mimesis Law]

Back in 2004, when the successors in interest of Guthrie’s heirs threatened the writers of a politically oriented parody with copyright litigation, Fred von Lohmann of the Electronic Frontier Foundation wondered what Guthrie himself would have thought of the action, given that he once used a copyright notice that said:

This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don’t give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that’s all we wanted to do.

The lyrics of “My Land,” including the “No Trespassing” verse lightly altered above, are here, complete with copyright assertion.

Environment roundup

  • Richard Pipes: “Private Property Sets the Boundary of the State” [Istituto Bruno Leoni video via Arnold Kling and Alberto Mingardi; my 1999 review of Pipes on property]
  • “‘Housing is a human right,’ says [L.A.] group founded for the sole purpose of preventing new housing from being built” [@MarketUrbanism]
  • “EPA Putting Red Light on Amateur Car Racing” [Kenric Ward, Reason]
  • Publicity stunts in our time: “Gov. Rick Snyder target of RICO lawsuit over Flint water crisis” [Flint Journal]
  • Speaking of which: lawsuit “on behalf of the future” in Oregon federal court seeks to represent youth against the federal government and major energy companies [Eugene Register-Guard]
  • Some things to expect as autonomous vehicles take over, including the freeing up of a lot of expensive stuff and space urban areas [Johnny Sanfilippo, Market Urbanism]

December 23 roundup

SCOTUS to hear raisin takings case again

For a second time, the Supreme Court has agreed to hear a case in which federal agricultural marketing order regulations compelled the Horne family of California to surrender about half their raisin crop for little if any compensation. [Will Baude, Ilya Somin, Michael McConnell] A previous high court ruling had kicked the case back to the Ninth Circuit for further proceedings [earlier here and here.]

Should the Court deem the requisitions a taking for which compensation is due, the implications for other agricultural programs are considerable. “Similar USDA marketing order programs are in place for almonds, apricots, avocados, cherries (both sweet and tart), Florida and Texas citrus, cranberries, dates, grapes, hazelnuts, kiwifruit, olives, many onions and pears, pistachios, California plums and prunes, many potatoes, raisins, spearmint oil, tomatoes, and walnuts.” [Baylen Linnekin]

Also, wouldn’t this make a good illustration?

Environmental and property rights roundup

“American Law Is In A State Of Crisis”

James DeLong, lawyer, author, astute analyst of regulation and longtime friend of Overlawyered, has begun writing for Forbes and this is his inaugural post. It’s short — go read it now. His second post is on “ObamaCare, Chevron, and Congressional Delegation.”

Way back in 1997 I reviewed Jim’s book Property Matters for the Wall Street Journal.

Environment roundup

  • In Utah prairie dog case, federal judge finds Endangered Species Act regulation of intra-state property impacts exceeds scope of enumerated federal powers [Jonathan Adler, Evan Bernick, Jonathan Wood/PLF] Certiorari petition on whether economic considerations should enter into ESA measures on behalf of delta smelt in California [Ilya Shapiro and Trevor Burrus]
  • “While Smart Growth as a whole is maligned by some advocates of the free market, many Smart Growth tenets are actually deregulatory.” [Emily Washington, Market Urbanism; related, obnoxious-yet-informative Grist]
  • Economic logic should be enough to halt suburban Maryland Purple Line, but if not, says Chevy Chase, hey, let’s find a shrimp [Washington Post; Diana Furchtgott-Roth on economics of Purple Line]
  • SCOTUS should review Florida-dock case in which lower courts held property rights not “fundamental” for scrutiny purposes [Ilya Shapiro and Trevor Burrus]
  • “The Problem of Water” [Gary Libecap, Cato Regulation]
  • Paul Krugman and others hyped the rare earth crisis. Whatever happened to it? [Alex Tabarrok]
  • Louisiana judge strikes down state law prohibiting levee boards’ erosion/subsidence suit against oil companies, appeal likely [New Orleans Times-Picayune]