are the ink spots public domain

Contact Us, The last bass singer for the Ink Spots was Adriel McDonald who was with the group from 1951 to 1954. "There's always an old man in there.". This page was last edited on 10 January 2020, at 19:41. All rights reserved. The Ink Spots formed in 1934 in Indianapolis. Fuqua recorded dozens of singles with his group for King Records as well as releasing two LP (long play) albums for Verve Records. However, just because there is no legal requirement to give credit to the creators of public domain works, that doesn’t mean you don’t have to do it. The year 1939 also saw the Ink Spots at the top of the US Pop Charts with five other recordings that featured Kenny in the "Top & Bottom" format.

In 1946 the Ink Spots earned a #1 spot on the US Pop Charts with "To Each His Own". The Ink Spots' music has been used in the films Get Low, Radio Days, Raging Bull, Revolutionary Road, The Shawshank Redemption, The Aviator, Iris, Sphere, Tree's Lounge, Malcolm X, Maria's Lovers, How to Make an American Quilt, Men Don't Leave, Drei D, Joe Versus The Volcano, Spontaneous Combustion, Carmen Miranda: Bananas is My Business, Australia, Mr. Nobody, Hyde Park on Hudson, The Rover, Twenty Bucks, Manchester by the Sea , Logorama and Forbidden Love: The Unashamed Stories of Lesbian Lives. Watson's place was filled by Billy "Butterball" Bowen who sang with the group from 1943 to 1952. Support Us Video Premiere: Opie Hendrix "I Still Sing". Collection of three vintage promotional photographs of the African American harmony quartet, The Ink Spots.

"When people call me about them, I say, "They should say the New Ink Spots, because so many people know they weren't really with Bill Kenny.' The REAL Ink Spots cut a few sides for Victor before they became popular, but all the hits by the original Bill Kinney-led group were on Decca. The copyrights of some works first published outside the United States have been resurrected, removing them from the public domain. Formed in the early '30s, the Original Ink Spots were founded by Jerry Daniels, Deek Watson, Orville "Hoppy" Jones and Charlie Fuqua. The song entitled "Tune In on My Heart" features Kenny taking the lead and Jones performing the talking bass. Recordings that were first published between 1923 and 1946 are copyrighted for a period of 100 years after first publication. The Billy Reid composition "The Gypsy" was the Ink Spots' biggest chart success, staying at the #1 position for 13 straight weeks in 1946. Starting in 1954, groups calling themselves "The Ink Spots" sprang up all around the United States. They all did the same thing.

In the early '50s, different groups calling themselves the Ink Spots started popping up.

Celebrating the unfreezing of the public domain, Stanford Copyright & Fair Use – Key Overview Updates, Future of Libraries – Need First Sale for ebooks, protect your site from copyright lawsuits, Happy Birthday – ruling plus full court docket filings, Creative Commons Attribution-Noncommercial 3.0 United States License, The Center for Internet and Society Fair Use Project. The song "It's a Sin to Tell a Lie" (Bill Kenny's solo, not original recording from 1941) is played on the in-game radio station Radio New Vegas in the 2010 video game Fallout: New Vegas. Although you cannot be sued for plagiarizing a public domain work, doing so can result in serious professional and personal penalties. Herb Kenny sang with the group from 1945 to 1951 when he went out for a career as a solo artist. Join the Press community and help support independent local journalism in Houston.

Seeing a classic pop band in concert can be, among other things, perplexing. Are you the one trying to sell this for $200 on ebay? There has been a disturbing trend by some copyright owners to assert protection in an element of a public domain work. and the swing song "Shout Brother Shout".[2]. About Us, This lineup of Kenny (lead tenor), Brown (2nd Tenor), Cannady (baritone and guitar), and McDonald (bass) lasted until 1954 when the final change of lineup was made. A famous example used in many copyright classes is the artist who paints an elaborate hat and mustache on the Mona Lisa.
So if you must have a "fake" Ink Spots album, a yellow (or formerly yellow) Mayfair LP is unquestionably your optimum source, unless you happen to find a red one on Crown (same deal, and yes, Crown's red stuff will occasionally darken as well). Some groups avoided lawsuits by naming themselves "The Fabulous Ink Spots", "The Famous Ink Spots", "The Amazing Ink Spots", "The Sensational Ink Spots", "The Dynamic Ink Spots", and more. Bloch’s work is in the public domain. Possibly because establishments such as the Hope Gallery earn revenue by selling reproductions of public domain works and include the copyright notice with the intention of discouraging competitors and tracking copying on the Internet (such as performed here by the Dear Rich Staff). [12] Jones was temporarily replaced by Cliff Givens who filled in for five months, from October 1944 to March 1945. Orchestra in Northfield, Vermont at the Norwich University Armory on May 3rd. Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. Some groups contained original members Fuqua, McDonald, Bowen, or Watson, but most had no ties to the original group whatsoever. So when all else fails, Congress steps in. Then guys started claiming they were with Bill Kenny and all like that, and they didn't even know Bill Kenny. This file contains additional information such as Exif metadata which may have been added by the digital camera, scanner, or software program used to create or digitize it. I've seen many of them that are totally pitch black that I'm pretty sure started out yellow, and I actually own one that was yellow when I unsealed it, and is very close to black now except at the very edge. "The company I own is suing me, which is interesting," says Jardine. N.p., Circa 1938-1965. Fuqua led and was a member of various vocal groups calling themselves "The Ink Spots" until his death in 1971. Attorney at law, Nolo author, LinkedIn Learning Instructor, Blogger — Dear Rich: A Patent, Copyright and Trademark Blog. Click on a date/time to view the file as it appeared at that time. The name basically became part of the public domain. Help, Don't have an account yet? As a result, many works that are public domain in the United States are still protected by copyright in foreign countries and vice versa. Last year Friends Against Musical Exploitation, of which Mary Wilson is a part, gave testimony to the House of Representatives. They even throw in a bit of dancing to conclude their act, and the leading guitarist simultaneously plays and juggles with his instrument. This colorization process is copyrightable. Plagiarism occurs when someone poses as the originator of words he did not write, ideas he did not conceive, or facts he did not discover. This was the recording that brought the group to global fame and established the "Top & Bottom" format as the Ink Spots "trademark". Terms,

This is the first studio recorded example of the Ink Spots "Top & Bottom" format with Kenny singing lead and Jones performing the "talking bass". 1989, the Ink Spots were inducted into the, 1989, the Ink Spots 1939 recording of "If I Didn't Care" was inducted into the, 1999, the Ink Spots group was inducted into the, The Ink Spots appeared as a guest quartet on the April 4, 1948 episode of, The Ink Spots were mentioned in several episodes of the 1970s NBC sitcom, The original 1982 theatrical trailer for the movie, The Ink Spots were the subject of a 1998 book by, Several of the Ink Spots' original recordings are used in the off-Broadway production, The recording "I Don't Want to Set the World on Fire" has featured in multiple television shows and short films, being played at the end of the 2009 short film, This page was last edited on 22 October 2020, at 01:44. This one is dirt cheap, has decent sound quality, and has all the essential hits on it. In 2015, the group was once again featured in the Fallout franchise, with their recording of the Russ Morgan and Seger Ellis ballad "It's All Over But the Crying" being used in the trailer for Fallout 4; that song is also played on the in-game radio station Diamond City Radio, alongside "I Don't Want to Set the World on Fire", "Maybe", and "Into Each Life Some Rain Must Fall". Their unique musical style presaged the rhythm and blues and rock and roll musical genres, and the subgenre doo-wop.

Date . The Ink Spots were awarded a plaque from the Negro Actors Guild for their efforts in breaking down racial prejudice. In this film, the Ink Spots play singing waiters in a nightclub. Now the bad news: Not actually the Ink Spots. In some cases the original members don't have the rights to use the names they made famous. You are correct. The earliest example of their "Top & Bottom" format is from a radio broadcast from 1938. "I'm paying for a quarter of my own lawsuit. For years, anyone was free to copy and sell the movie on videotape. After being with the group for only a few months, Williams was replaced by Ernie Brown. The Ink Spots' music has been used in such TV shows as The Walking Dead, The Simpsons, The Visitor, The Singing Detective, Sanford, The Blacklist, Defiance, Arrested Development, Better Call Saul, White Collar, Watchmen, and Once Upon a Time.[17]. They sing in a style something between the Mills Brothers and the Three Keys, and accompany themselves on three tenor guitars and a cello — which is not bowed, but picked and slapped like a double bass. However, that image also functions as a trademark for the New York Life Insurance Company, and a competing company could not use the image if it would be likely to confuse life insurance consumers. A look at a musical group that was not only internationally famous in its time, but greatly influenced multiple musical genres. All photographs 8 x 10 inches. [Ink Spot] Herb Kenny [Bill's brother] did the same thing.

The United States Supreme Court has answered “No,” holding that there is no legal requirement to provide any attribution when public domain works are copied and placed into new works. While it’s true that no strings are attached to using public domain materials, you should be aware of certain potholes on the public domain highway, as described below. Their natural instinct for hot rhythm is exemplified in their terrific single-string solo work and their beautifully balanced and exquisitely phrased vocalisms. It is possible that a work may not be protected by copyright, but is still protected by trademark laws. Note that there are 3 other copies on ebay in varying stages of yellowness and cover grime. However, they would let [the audience] know I was from Bill Kenny. New comments cannot be posted and votes cannot be cast, Press J to jump to the feed. BioShock and BioShock 2 have also made use of the group's recordings: "If I Didn't Care" and "The Best Things in Life Are Free" in the former, and "We Three (My Echo, My Shadow and Me)", "I'm Making Believe" and "Memories of You" in the latter.

(October 2016) by In the film, the Ink Spots played Pullman porters who sang during their breaks. This format called for the tenor (Kenny or Watson) to sing the lead for one chorus followed by a chorus performed by bass singer Jones reciting the lyrics rather than singing them. But with local journalism's existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism.

Perhaps the most "up for grabs" name in pop is the Ink Spots. 15.

The Ink Spots were an American vocal jazz group who gained international fame in the 1930s and 1940s.


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