LISTSERV mailing list manager LISTSERV 16.0

Help for ARSCLIST Archives


ARSCLIST Archives

ARSCLIST Archives


ARSCLIST@LISTSERV.LOC.GOV


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

ARSCLIST Home

ARSCLIST Home

ARSCLIST  October 2015

ARSCLIST October 2015

Subject:

Re: The haunting recorded sounds of 19th-century voices

From:

Loftus Becker <[log in to unmask]>

Reply-To:

Association for Recorded Sound Discussion List <[log in to unmask]>

Date:

Sat, 10 Oct 2015 17:42:16 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (45 lines)

The question would be whether what you do is “fair use.” As a practical matter, you’re extremely unlikely to be sued for what you’re doing, but if you were, aside from attorney’s fees, you could be liable for statutory damages (I think $100 to $1000 a pop) if you lost on the fair use issue. There’s little doubt that if you were sued (less likely than winning the lottery, I think) some dogooder organization would help out with the fair use argument.

I regularly play the Holmes speech at the end of my constitutional law classes. A little more about him: he was personally acquainted with both John Quincy Adams and Alger Hiss. He (maybe) spoke with Lincoln – yelled “Get down, you damn fool!” according to the story. Volunteered in the Civil War, was wounded three times and damn near died; proud of his service, he carried his lunch to the Court in his ammunition box, and kept his bloodstained uniform in his closet to the end of his life. He knew almost everyone who was anyone in England and America – personally conservative, he was friendly with several prominent socialists. He was fondest of reading philosophy and murder mysteries. I’ve always been pleased that he liked John Dickson Carr, my own favorite.

Lofty

> On Oct 10, 2015, at 5:10 PM, Lou Judson <[log in to unmask]> wrote:
> 
> With my friends, I like to extract the text with a reader and just send the article along. Is there any copyright issue doing this?
> 
> Voices From the Grave
> 
> By
> Terry Teachout
> Oct. 8, 2015 3:39 p.m. ET
> In 1931, Oliver Wendell Holmes Jr., the oldest person to sit on the U.S. Supreme Court, turned 90. By then the seemingly ageless judge was widely regarded as a national treasure, so CBS marked the occasion with a prime-time birthday tribute in which he spoke briefly from his home in Washington. 
> 
> (photo removed)
> Justice Holmes was the most eloquent jurist this country has yet produced, and he rose to the near-final occasion (he retired from the bench 10 months later and died in 1935) with characteristic grace, closing by quoting his own elegant translation of a passage from a medieval poem in praise of wine, women and song that he bent to his own austere purposes. “To live is to function,” he said. “That is all there is to living. And so I end with a line from a Latin poet who uttered the message more than fifteen hundred years ago: ‘Death plucks my ear and says, Live—I am coming.’”
> 
> Three years ago the Harvard Law School Library, where Holmes’s papers are housed, launched an online “digital suite”that allows anyone with a computer to access its digitized 100,000-document collection of Holmesiana. I knew from having read G. Edmund White’s 2006 biography that the 1931 radio broadcast was recorded off the air and that the Harvard Law School Library, where Holmes’s papers are housed, possessed a tape copy of the recording. Why, I wondered, wasn’t it possible to use the Holmes Digital Suite to listen to that 1931 aircheck?
> 
> I got in touch with Harvard a few months ago and suggested that they post the broadcast online, and now they’ve done so here.(You’ll need RealPlayer to play the file; it can be downloaded here.) To read what Holmes said on that long-ago evening is to be stirred to the marrow. But to actually be able to hear it—to listen to the tremulous yet dignified voice of a man who met Abraham Lincoln and was wounded three times in the Civil War, then spent the better part of three decades sitting on the U.S. Supreme Court—is an experience of another order altogether.
> 
> In case you neglected to do the math, Justice Holmes was born in 1841. That makes him one of a significant number of notable men and women born in the 19th century whose voices were recorded for posterity. So far as is known, the earliest-born person to have left behind a sound recording of his speaking voice was Alfred Tennyson, who was born in 1809, the same year as Lincoln and Felix Mendelssohn. He recorded several of his poems in 1890 on a machine borrowed from Thomas Edison,and one of them, “The Charge of the Light Brigade,” can be easily found on YouTube. So can the voices of, among others, Max Beerbohm, Sarah Bernhardt, Robert Browning, G.K. Chesterton,Mahatma Gandhi, O. Henry, James Joyce, Rudyard Kipling,Vladimir Lenin, H.L. Mencken, Florence Nightingale, Theodore Roosevelt, George Bernard Shaw, Leo Tolstoy (speaking in English!), Booker T. Washington, Woodrow Wilson and W.B. Yeats. In addition, there are a few fascinating counterfeits, including alleged recordings of Walt Whitman (widely regarded as a fake) and Oscar Wilde (definitely phony).
> 
> To hear these antique recordings, near-opaque though some of them are, is at once mysterious and moving. The pitted wax sputters and crackles furiously, and you wonder for an instant what the fuss could possibly be about. But then the curtain parts and the 19th century comes to life for a few precious seconds, sometimes through a glass darkly, sometimes with the near-hallucinatory sharpness of a daguerreotype by Eugène Atget or Mathew Brady.
> 
> On occasion they can be unexpectedly funny, as when Browning tries to recite “How They Brought the Good News From Ghent to Aix,” comes to an abrupt halt, then admits, “I’m terribly sorry, but I can’t remember me own verses!” Once in a while the humor is both deliberate and biting. Sir Arthur Sullivan, for instance, recorded this grim prophecy when he first saw Edison’s phonograph at work in 1888: “For myself, I can only say that I am astonished and somewhat terrified at the result of this evening’s experiments: astonished at the wonderful power you have developed, and terrified at the thought that so much hideous and bad music may be put on record forever.” If only he could have known…
> 
> I find it little short of miraculous that these vivid glimpses of the fast-receding past have survived into the uncertain present. How wonderful that the Web has put so many of them at our fingertips—and how good it is to now be reminded by the electronic shade of a very great man that the only possible answer to death is life, lived to the hilt.
> Lou Judson
> Intuitive Audio
> 415-883-2689
> 
> On Oct 10, 2015, at 1:39 PM, Steve Ramm <[log in to unmask]> wrote:
> 
>> Some folks couldn't access this. This should work better
>> 
>> Steve
>> 
>> Here is something from WSJ.com that might interest you: The haunting  
>> recorded sounds of 19th-century voices http://on.wsj.com/1jUfyUc
>> 

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003

ATOM RSS1 RSS2



LISTSERV.LOC.GOV

CataList Email List Search Powered by the LISTSERV Email List Manager