ChickenBones: A Journal

for Literary & Artistic African-American Themes

   

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This past March, the Supreme Court disagreed with the lower court and unanimously ruled (8-0) that the settlement was appropriate. Justice Sonia Sotomayor did not vote on this latest development—she was the judge who had initially heard the case in district court and held that,

based on the 1976 Copyright Act, the publishers, in posting those articles on their web page archives, were within their rights to do so.

 

 

Books by Louis Reyes Rivera

Who Pays The Cost (1978) / This One For You (1983) / Scattered Scripture

 Bum Rush the Page (co-editor) / The Bandana Republic (co-editor)

Sancocho: A Book of Nuyorican Poetry by Shaggy Flores (edited by Louis Reyes Rivera)

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Internet Copyright Settlement Alive

NYTimes vs. Tasini Update

By Louis Reyes Rivera

 

Just last month, the U.S. Supreme Court, in an 8-0 decision, has reversed a lower court decision regarding NY Times vs. Tasini, in effect, upholding the $18 million proposed settlement of a copyright infringement suit between Internet publishers and freelance writers. Considered a landmark case, Tasini (so named after former National Writers Union President Jonathan Tasini and involving Newsday, Inc., Time, Inc., and others) centered on whether or not publishers can reuse articles, after having paid for and published a freelance assignment in their periodicals, by archiving and disseminating those articles on their web page (i.e., crossing over from print to electronic media) without permission from the authors (i.e., without renegotiating additional payment).

Considered a major breakthrough for the NWU, the Supreme Court (in a 7-2 decision) had previously affirmed the copyright privileges of freelance writers, holding that a newspaper could not, in effect, re-license the works of freelance journalists whose works were first commissioned for a given periodical into that publisher's electronic database. Subsequent to that decision, the parties negotiated a settlement which included a varying scale of recompense based on whether or not the authors had actually registered their works for copyright protection.

On the grounds that the settlement was essentially unfair (authors whose works had been duly registered would get much more than those whose works had not been registered), several groups of writer-plaintiffs objected and appealed the settlement before the Second Circuit Court of Appeals; in turn, that court rejected the settlement on the grounds that the court had no jurisdiction of a suit or settlement involving unregistered works; in so deciding, the appeals court had placed tremendous importance on authors registering for copyright protection.

All parties thus affected (plaintiffs, respondents and objectors to the settlement) joined to appeal the 2nd Circuit Court's rejection (i.e., Reed Elsevier v. Muchnick). This past March, the Supreme Court disagreed with the lower court and unanimously ruled (8-0) that the settlement was appropriate. Justice Sonia Sotomayor did not vote on this latest development—she was the judge who had initially heard the case in district court and held that, based on the 1976 Copyright Act, the publishers, in posting those articles on their web page archives, were within their rights to do so.

Finally, says current NWU President Larry Goldbetter, this latest reversal “is bringing the $18 million pay day just a bit closer for those authors who filed claims and are a part of the settlement," adding that "a final settlement of this case, with all of its limitations, [represents] a victory for our union."

The case now goes to the Appellate Court for finalization based on the merits of the appeal.

For related articles: Supreme Court: Supreme Court  and National Law Journal

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Black Tech Review

Issues & Views on Blacks in Cyberspace

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AALBC.com's 25 Best Selling Books


 

Fiction

#1 - Justify My Thug by Wahida Clark
#2 - Flyy Girl by Omar Tyree
#3 - Head Bangers: An APF Sexcapade by Zane
#4 - Life Is Short But Wide by J. California Cooper
#5 - Stackin' Paper 2 Genesis' Payback by Joy King
#6 - Thug Lovin' (Thug 4) by Wahida Clark
#7 - When I Get Where I'm Going by Cheryl Robinson
#8 - Casting the First Stone by Kimberla Lawson Roby
#9 - The Sex Chronicles: Shattering the Myth by Zane

#10 - Covenant: A Thriller  by Brandon Massey

#11 - Diary Of A Street Diva  by Ashley and JaQuavis

#12 - Don't Ever Tell  by Brandon Massey

#13 - For colored girls who have considered suicide  by Ntozake Shange

#14 - For the Love of Money : A Novel by Omar Tyree

#15 - Homemade Loves  by J. California Cooper

#16 - The Future Has a Past: Stories by J. California Cooper

#17 - Player Haters by Carl Weber

#18 - Purple Panties: An Eroticanoir.com Anthology by Sidney Molare

#19 - Stackin' Paper by Joy King

#20 - Children of the Street: An Inspector Darko Dawson Mystery by Kwei Quartey

#21 - The Upper Room by Mary Monroe

#22 – Thug Matrimony  by Wahida Clark

#23 - Thugs And The Women Who Love Them by Wahida Clark

#24 - Married Men by Carl Weber

#25 - I Dreamt I Was in Heaven - The Rampage of the Rufus Buck Gang by Leonce Gaiter

Non-fiction

#1 - Malcolm X: A Life of Reinvention by Manning Marable
#2 - Confessions of a Video Vixen by Karrine Steffans
#3 - Dear G-Spot: Straight Talk About Sex and Love by Zane
#4 - Letters to a Young Brother: MANifest Your Destiny by Hill Harper
#5 - Peace from Broken Pieces: How to Get Through What You're Going Through by Iyanla Vanzant
#6 - Selected Writings and Speeches of Marcus Garvey by Marcus Garvey
#7 - The Ebony Cookbook: A Date with a Dish by Freda DeKnight
#8 - The Isis Papers: The Keys to the Colors by Frances Cress Welsing
#9 - The Mis-Education of the Negro by Carter Godwin Woodson

#10 - John Henrik Clarke and the Power of Africana History  by Ahati N. N. Toure

#11 - Fail Up: 20 Lessons on Building Success from Failure by Tavis Smiley

#12 -The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander

#13 - The Black Male Handbook: A Blueprint for Life by Kevin Powell

#14 - The Other Wes Moore: One Name, Two Fates by Wes Moore

#15 - Why Men Fear Marriage: The Surprising Truth Behind Why So Many Men Can't Commit  by RM Johnson

#16 - Black Titan: A.G. Gaston and the Making of a Black American Millionaire by Carol Jenkins

#17 - Brainwashed: Challenging the Myth of Black Inferiority by Tom Burrell

#18 - A New Earth: Awakening to Your Life's Purpose by Eckhart Tolle

#19 - John Oliver Killens: A Life of Black Literary Activism by Keith Gilyard

#20 - Alain L. Locke: The Biography of a Philosopher by Leonard Harris

#21 - Age Ain't Nothing but a Number: Black Women Explore Midlife by Carleen Brice

#22 - 2012 Guide to Literary Agents by Chuck Sambuchino
#23 - Chicken Soup for the Prisoner's Soul by Tom Lagana
#24 - 101 Things Every Boy/Young Man of Color Should Know by LaMarr Darnell Shields

#25 - Beyond the Black Lady: Sexuality and the New African American Middle Class  by Lisa B. Thompson

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The New Jim Crow

Mass Incarceration in the Age of Colorblindness

By Michele Alexander

Contrary to the rosy picture of race embodied in Barack Obama's political success and Oprah Winfrey's financial success, legal scholar Alexander argues vigorously and persuasively that [w]e have not ended racial caste in America; we have merely redesigned it. Jim Crow and legal racial segregation has been replaced by mass incarceration as a system of social control (More African Americans are under correctional control today... than were enslaved in 1850). Alexander reviews American racial history from the colonies to the Clinton administration, delineating its transformation into the war on drugs. She offers an acute analysis of the effect of this mass incarceration upon former inmates who will be discriminated against, legally, for the rest of their lives, denied employment, housing, education, and public benefits. Most provocatively, she reveals how both the move toward colorblindness and affirmative action may blur our vision of injustice: most Americans know and don't know the truth about mass incarceration—but her carefully researched, deeply engaging, and thoroughly readable book should change that.—Publishers Weekly

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Blacks in Hispanic Literature: Critical Essays

Edited by Miriam DeCosta-Willis 

Blacks in Hispanic Literature is a collection of fourteen essays by scholars and creative writers from Africa and the Americas. Called one of two significant critical works on Afro-Hispanic literature to appear in the late 1970s, it includes the pioneering studies of Carter G. Woodson and Valaurez B. Spratlin, published in the 1930s, as well as the essays of scholars whose interpretations were shaped by the Black aesthetic. The early essays, primarily of the Black-as-subject in Spanish medieval and Golden Age literature, provide an historical context for understanding 20th-century creative works by African-descended, Hispanophone writers, such as Cuban Nicolás Guillén and Ecuadorean poet, novelist, and scholar Adalberto Ortiz, whose essay analyzes the significance of Negritude in Latin America. This collaborative text set the tone for later conferences in which writers and scholars worked together to promote, disseminate, and critique the literature of Spanish-speaking people of African descent. . . . Cited by a literary critic in 2004 as "the seminal study in the field of Afro-Hispanic Literature . . . on which most scholars in the field 'cut their teeth'."

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1493: Uncovering the New World Columbus Created

By Charles C. Mann

I’m a big fan of Charles Mann’s previous book 1491: New Revelations of the Americas Before Columbus, in which he provides a sweeping and provocative examination of North and South America prior to the arrival of Christopher Columbus. It’s exhaustively researched but so wonderfully written that it’s anything but exhausting to read. With his follow-up, 1493, Mann has taken it to a new, truly global level. Building on the groundbreaking work of Alfred Crosby (author of The Columbian Exchange and, I’m proud to say, a fellow Nantucketer), Mann has written nothing less than the story of our world: how a planet of what were once several autonomous continents is quickly becoming a single, “globalized” entity.

Mann not only talked to countless scientists and researchers; he visited the places he writes about, and as a consequence, the book has a marvelously wide-ranging yet personal feel as we follow Mann from one far-flung corner of the world to the next. And always, the prose is masterful. In telling the improbable story of how Spanish and Chinese cultures collided in the Philippines in the sixteenth century, he takes us to the island of Mindoro whose “southern coast consists of a number of small bays, one next to another like tooth marks in an apple.” We learn how the spread of malaria, the potato, tobacco, guano, rubber plants, and sugar cane have disrupted and convulsed the planet and will continue to do so until we are finally living on one integrated or at least close-to-integrated Earth. Whether or not the human instigators of all this remarkable change will survive the process they helped to initiate more than five hundred years ago remains, Mann suggests in this monumental and revelatory book, an open question.

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The White Masters of the World

From The World and Africa, 1965

By W. E. B. Du Bois

W. E. B. Du Bois’ Arraignment and Indictment of White Civilization (Fletcher)

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Ancient African Nations

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Negro Digest / Black World

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Enjoy!

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The Death of Emmett Till by Bob Dylan  The Lonesome Death of Hattie Carroll  Only a Pawn in Their Game

Rev. Jesse Lee Peterson Thanks America for Slavery / George Jackson  / Hurricane Carter

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The Journal of Negro History issues at Project Gutenberg

The Haitian Declaration of Independence 1804  / January 1, 1804 -- The Founding of Haiti 

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posted 25 March 2010 

 

 

 

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