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... her claiming that gene kelly held the copyright in every interview that he had done. i found that to be a little questionable-
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... even though that would support your argument to some extent. but i don't know if i buy that argument, either, that the person being interviewed gets a copyright, they haven't done any of the fixing-
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... going to be interviewed and for you to record this interview, they would say that "yes, it's been..." what they have said is not ephemeral because-
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... we would potentially own it, as opposed to anyone else own it. but that's some interesting litigation. but whether it is itself still ownable, i think is a different quest-
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i don't think... people could argue it either way.
O
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... and that's fine, but i don't think it's so clearly arguable only in one direct or the other.
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it shouldn't be that the individual players, for example, get part of the copyright because they were part of the performers. so they actually say that that's-
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Male
... not the case. mainly the argument being that it would just create all sorts of problems that the analysis doesn't really necessarily get much more beyond that.
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... to a greater whole, claim copyright in their contribution. there are some similarities-
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what is actually being copied here? what's being copied here-
O
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... and really focused on what he said, where they've gotten rid of the other pieces of the recording. i don't think they have much of stern's voice, i don't think they have much of stern-
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... but my understanding is that they had extracted for the things he said, because they were interested in it. but with a possible thing, because i know there was-
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... out of turn, it may include bits of howard stern. but then again... i mean, now it's looking a little bit more like if you've got a copyright-
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... of itself may not be enough to qualify for... as an original work of authorship, because it's just bits and pieces and we just can't find enough originality.
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... question of, "do we to-
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... allow something to be copyrighted in order to incentivize its continued development and existence?" i think one of the things in some of the sporting game analysis, is-
N
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"... oh, they're still going to play games with each other." in which case, when we start tripping over each other and realizing, "oh, well, if this is copyrightable, what does that-"
O
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"... mean?" because it's copyrightable, you have an exclusive right and can exclude other people. that's a pretty high cost.
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i mean, one of the reasons that the statute actually articulates certain types of works that are copyrightable is partly because when you have a land grab for-
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... and so that's also one of the reasons why, to your general question of would a court be inclined to ever buy these arguments, the answer is ye-
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... because there's a huge policy problem. when you start throwing around copyright too expansively, you start to undo the whole purpose of why the statute was there and including bits that are-
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... and the statutory in the statutory record and in the statute itself, there's all sorts of limiting language. if you cruise past the limiting language too quickly-
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... teaching copyright. feel free to use-
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... and i'm open to, i don't think this is... i could be wrong, i could be missing something. there could be a great case on point i am not aware of, but i think-
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... we tend to presume too much about... when we jump to fair use, we are presuming there's a copyright. and as the thing goes, fair use is the right to hire-
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... for a lawyer. and that's a pretty expensive thing. and i think there's a lot of reason from a policy standpoint. and even as just armchair lawyers-
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... and armchair analyst on these things to want to push back on the question of, "you claim it's yours, but you need to... that's something we shouldn't presume there-
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... should be a burden of proof on the people who claim that they have a copyright and something to show that, especially when it's not something that's clearly articulated-
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... in the statute, that they do in fact have one and this is not something we should just presume they claimed it, so therefore it's theirs. i think there's-
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... a lot of harm that flows from it.
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... law school exam in its own. but i find it really interesting to even take a step back and to do this thought exercise of-
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Male
... to go through whether or not there's even a legitimate copyright there in the first place. and so it's a good point-
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no, i just gave my nice "i'm a lawyer" disclaimer, and yes, there could be other things and this could turn on other facts we don't know or anything like-
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... that. but i agree with you, it's an important thought exercise, not only to do on this particular instance, but i think thought exercise every time we-
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... see a story before we jump to, "well, is this fair use?" i think we need to stop and ask the question of, "is there a copyright at all?" and if-
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... there is, "what? and who owns it?" those questions need to be answered before you jump to the fair use analysis and we need to make claimants actually start to-
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... approve those points with a little more effort than they necessarily have been putting in.
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... and the comments, or you can email us or let us know. but it's alwas... it is sort of a really interesting question to kind of debate and think through and go through all of the-
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... the start our show guest reporter, katherine stier takes us to san francisco pre pandemic to understand why so many students are unable to afford school.
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... access most scholarships and grants.
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so the question of paying tuition is, it's very interesting.
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aldain identifies as a christian and is super active with his church. he has received a lot of support from his community. his first two semesters at sf state were-
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... paid for by anonymous donors from his congregation at the end of aldain's first semester, he found himself in a really tough spot.
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so the semester actually ended, it was on christmas eve, and i had made up my mind that, "okay, if i couldn't pay tuition, it had to go home. that's just where the journey end-
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... but on christmas eve, i normally join a prayer call at my church every morning at 5:30 am, that morning i joined the prayer call, but i fell asleep in-
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... somebody just randomly called up one of the ladies in the prayer call and they just gave me the $8,000 for that first semester.
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enrolled in classes, but as the state wanted the money before school...
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... email some people, but school started that monday. i still did not have the money. so i was like, "i am still go-"
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... so i went online, i looked at the class i was supposed to do, and i went, i was like, "they're going to have to drag me out on my ear-"
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... and then she links somebody else into the call. the person was like, "you went to school, even though you didn't know where it was coming from. you did your part, you showed your faith-"
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now that it is so debt finance.
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what does the solution look like?
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... berea college, for example, is a private academically rigorous school located in the state of kentucky.
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my name is deejea baskin. i am a african american woman. i am from cincinnati, ohio, and i am currently a student at berea college.
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.. and they also provide housing meals and even set up students with an on campus job for 10 hours a week.
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any scholarships that the students earn go into their pocket.
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the model is revolutionary in the us.
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so with me finding out about maria, i honestly thought at first that maria was a scam. it was my men-
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... tor who brought it up to me. she told me that she had somebody who worked there. but when i found out every student didn't have to pay tuition, i was like, "you're right."
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what school is going to basically pay for every student to be able to get an education. that's just, that's unheard of. so first off-
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... what they do is they provide tuition. so i don't have to pay tuition at berea, everything is covered. my freshman year i didn't have to pay tuition-
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... or i didn't have to pay for a meal plan. i didn't have to pay to stay there, my room and board, i didn't have to pay for any of that. now, pretty much all i pay is $200-
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... more time to kind of build connections with each other. we don't have to find jobs off of campus. so that gives us a little bit of leeway for being able-
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... to become a part of extracurricular activities and be able to build connections with the other students.
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they don't finish. it's understood to be necessary to get a solid foothold in the job market. and if that is the case, then it's-
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... worth considering how to make it a more publicly accessible [inaudible 00:09:48].
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of the 44.7 million student loan borrowers over a third owe $10,000 or less.
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people who took out student loans to pay for college but don't finish often have small loan amounts. but they have a really hard time paying them back.
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in part because they don't have a degree to help them earn higher wages.
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black and latino students are more likely to pay for school using loans. they're also more likely to earn less than their white peers.
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student loans are one reason many black and latino students struggle to create long-term wealth, which is often the reason people go to college in the first place. here's suzanne again.
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so i think that, that means if we want the higher education system to service, we think it should. we need to change how it's working, so that's-
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which is slightly different than free college.
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pay that tuition and send their child to that school. then they should, if you can afford it. but most people we can't afford to pay that-
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... tuition. so i don't feel like it's right that you're making people pay to get an education, to be able to provide for their families, but they're going to be in debt for the rest of their-
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... lives. it just doesn't make sense. for somebody like me, i'm going to school to get a social working degree. so, i'm not going to-
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i am thinking about going to grad school. i'm thinking about going to grad school for social work, for clinical social work. i obviously think about the cost first, just because i'm going to be-
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... coming from a school where i don't have to pay that much. so, i didn't have to take out loans like other undergraduate students had to do. they provide-
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... you with a job on campus. so i really didn't have to go and search for those jobs while i was still in school. so-
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... be free. in the meantime, however, most americans are saddled with massive amounts of debt. student debt in the us is over $1.6 trillion. and that amount-
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... surpasses all other forms of debt except mortgages.
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actually think of being in debt as a political identity. we think of it as a personal moral failure, right?
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there's one famous chart in particular that shows worker productivity since world war ii. and it just goes up and up and up and up. we are producing more wealth than-
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... seventies. so even though we're producing more wealth, less of it is going into our pocket. and most of it is going to the 1%.
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so a university education in the us has increased 11,000% since-
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... i was born. and so we make up the difference by being forced into debt. there really isn't another choice.
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... all going to bail each other out. if you read the historians, they'll tell you that every major revolution in history, part of that revolution was-
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... seizing the records of debt and destroying those records, whether they were on clay tablets, or now i suppose they'd be in server farms and backup tapes.
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this idea that the secretary of education with one signature already has the legal authority to wipe out about 90-
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... cancel all student debt. and if they're unwilling to do that, we need to force them to do that. that's where the direct action comes in. that's where we need the strike.
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so when you say you're asking people to join a debt strike, what does that mean? are you asking people to just stop paying?
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... do so. and if we get the power in numbers, we can never pay again. we can force-
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... this current administration or the next administration to cancel all student debt.
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now one of the things that we've always been told is that you have to pay your debts. the system doesn't work if you don't pay your debts. what we're seeing with the pandemic-
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... is that was never true. they can suspend these payments. and there's all kinds of bad things happening in the universe right now, but none of them are caused by us-
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... not paying our student debt. we need to fully publicly fund public universities.
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a racist war on drugs every single year. it's not that we don't have the money it's that we don't have the political power.
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already seen kuni openly discussing, laying off 20-
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... single month. a lot of dominoes are falling in a lot of directions and a lot of really big institutions are going to be toppled. and we need to fight for-
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... not just free education, but a liberating education. and it's going to be a real big fight. we have everything to fight for. we have a lot that is-
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