Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Content Rights for Creative Professionals, Second Edition: Copyrights & Trademarks in a Digital Age Review

Content Rights for Creative Professionals, Second Edition: Copyrights and Trademarks in a Digital Age
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Content Rights for Creative Professionals, Second Edition: Copyrights & Trademarks in a Digital Age ReviewThis was a textbook I had for a class on copyright law, and I really enjoyed it! I have always loved the business side of art, and wondered about copyrights. This book is super informative, and, although many of my classmates said it was boring and dry, I found to be rather interesting (however I'm into this sort of thing). If you like business or law and have a mind for the arts, this book will be a spellbinding read. However if you aren't, it might be a bit dry, but regardless, you will end your reading super informed. The only reason I give this book four instead of five stars is because some of the information is outdated, and there hasn't been a newer edition published. Other than that, excellent!Content Rights for Creative Professionals, Second Edition: Copyrights & Trademarks in a Digital Age OverviewContent Rights for Creative Professionals is for professionals and students working in all areas of media (film/video, photography, multimedia, web, graphics, and broadcast) who need to know what the law requires and how they should properly utilize copyrights and trademarks. This book outlines critical concepts and applies them with explanations in real-life applications, including many cases from the author's own practice as well as those of various media professionals.This 256 page text is a practical guide designed to provide its reader with a firm understanding of the principles underlying the ownership and use of content, so that when questions arise, they will be able to make correct, well-informed decisions-whether concerning their personal works, or works of others that a company wishes to copyright or trademark. In addition, the reader will be more capable of exercising sound judgment in structuring employment and contract relationships and of acquiring and/or licensing works, which are at the core of the business of communicating.*Access to the most up-to-date copyright and trademark information*Provides a firm understanding of the priciniples underlying the ownership and use of content*Suits the perspective of the freelance artist as well as the in-house media professional

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The Law, In Plain English, For Photographers Review

The Law, In Plain English, For Photographers
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The Law, In Plain English, For Photographers ReviewDigital imaging and the Net offer both new markets and legal challenges for photographers: Leonard Duboff's Law In Plain English For Photographers provides a survey of the rights and responsibilities of modern photographers, covering the latest rulings for copyright and trademark law, surveying contract structures and leases, and providing a host of everyday business and legal concerns. An excellent, basic survey of photographers' rights and obligations.The Law, In Plain English, For Photographers OverviewThe photographer's definitive business and legal resource is now completely updated and expanded. In this valuable guide, arts attorney Leonard DuBoff takes you step by step though all the legal aspects of the photography business. Here is expert advice for everything from contracts to trademarks, including government licenses, taxes, censorship, the rights of privacy and publicity, leases and insurance, estate planning, and more. This latest, up-to-the minute edition pays special attention to the legal challenges that have been brought about by digital cameras and the Internet. With the important legal advice found in this guide, you'll save thousands of dollars in attorney fees–and find expert legal assistance when you need it the most. " . . . a complete discussion of the legal and business issues of everyday concern to photographers."-- PhotoSource International.

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Dealmaking in the Film and Television Industry From Negotiations Through Final Contracts: 2nd Edition Expanded and Updated Review

Dealmaking in the Film and Television Industry From Negotiations Through Final Contracts: 2nd Edition Expanded and Updated
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Dealmaking in the Film and Television Industry From Negotiations Through Final Contracts: 2nd Edition Expanded and Updated ReviewThis book is invaluable to anyone embarking on a filmmaking venture, as it provides a clear understanding of and essential guidance to entertainment dealmaking. It initially saves producers a lot of money in legal fees and it's also essential for writers, directors and actors since it covers all aspects of the film and television industry. It offers a myriad of detailed sample contracts and litigations, and spans subjects from copyright, purchasing rights, depiction & location releases, protection of titles, employment contracts, hiring crews, casting sessions, soundtracks & music rights, distribution agreements, trademarks, right of privacy, constitutional limitations, defences & privileges, remedies and basically every important attribute from early deal negotiations to final agreements. www.impulsefilms.com


Dealmaking in the Film and Television Industry From Negotiations Through Final Contracts: 2nd Edition Expanded and Updated OverviewThis is the first self-defence book for everyone working in the film and television industry, Addressing a general, non-attorney readership, it is a fascinating, highly accessible and practical guide to current entertainment laws peculiarities and 'creative' practices. Armed with this book, filmmakers can save themselves thousands of dollars in legal fees as they navigate the entertainment business's shark-infested waters. Whether you are a professional or wannabe producer, writer, director, or actor, Litwak can help you make the most of your business dealings while steering you clear of contractual traps. This second edition contains hundreds of updates and revisions of the first edition and includes two new chapters: 'Legal Remedies' and 'Retaining Attorneys, Agents, and Managers'.

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The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing Review

The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing
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The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing ReviewAs the author makes clear, this book is no substitute for competent legal advice, but you'll be FAR more likely to receive legal advice you can use if you read this book first. Gilbert explains intellectual property (IP) alternatives, issues, and procedures in a style and language you can understand. She makes clear that many issues are NOT clear and helps you understand applicability and consequences of choices such as copyright vs. design patent protections. While she outlines history to help you understand the context, her perspective and knowledge of technologies is decidedly current, with considerations for the protection of business methods and software figuring prominently. Gilbert should absolutely be required reading for anyone who thinks they have a great idea.The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing OverviewClear, comprehensive advice from an intellectual property lawyer--for every artist, inventor, and small business owner. Today, virtually all companies, artists, and innovators run the risk of losing their competititve edge-and big money-by not adequately safeguarding their intellectual property. Written by an expert in intellectual property law, this is the first book to address the full range of legal protections available-patents, copyrights, trademarks, trade secrets, and licensing-with innovative information you won't find elsewhere, including: € Legal landmines every successful entrepreneur must avoid € Business practices that can be protected-but are often overlooked € Protecting your intellectual property on the Internet € What are your ideas and the rights to them really worth? € Why trade secrets are a powerful and under-utilized protection € Lessons learned from Amazon.com, Microsoft, and other elite entrepreneurs € How even smart, savvy AOL lost exclusive trademarks, including "YOU'VE GOT MAIL!" The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a

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Archival Storytelling: A Filmmaker's Guide to Finding, Using, and Licensing Third-Party Visuals and Music Review

Archival Storytelling: A Filmmaker's Guide to Finding, Using, and Licensing Third-Party Visuals and Music
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Archival Storytelling: A Filmmaker's Guide to Finding, Using, and Licensing Third-Party Visuals and Music ReviewThis book is an essential edition to any filmmaker's library. It is both a guide and a reference work. It offers listings of many archival sources that allow for access to and affordable use of all kinds of images and music. It offers a primer on copyright, covering relevant issues related to archival use such as public domain content, internet licensing, moral rights, most-favored-nations clauses, music synchronization and master use licenses, and fair use. It also covers frustrating and sticky issues that arise when acquiring materials such as inability to gain access to public domain content.
It engages the reader in an exploration that works for any of the creative arts--a discussion of ethical issues related to the use of other's content in a manner that is true to its original meaning, mission, context, and purpose.
And the book presents an inside/out perspective of the business of filmmaking and the complexities of its intellectual property issues. The authors accomplish this perspective through the use of interviews and roundtable discussions with well-established filmmakers, archivists, film researchers, insurance executives, and supervisors and managers of rights in the music industry. The work also contains a thought-provoking commentary on what copyright has become and of what it should be and why. This discussion impels filmmakers to actively engage in the current dialogue about a concept of copyright that would both protect their own and others' creations, secure current access to archival materials, and increase the amount of archival content that is accessible in the future.
Archival Storytelling: A Filmmaker's Guide to Finding, Using, and Licensing Third-Party Visuals and Music Overview
Archival Storytelling is an essential, pragmatic guide to one of the most challenging issues facing filmmakers today: the use of images and music that belong to someone else. Where do producers go for affordable stills and footage? How do filmmakers evaluate the historical value of archival materials? What do verite' producers need to know when documenting a world filled with rights-protected images and sounds? How do filmmakers protect their own creative efforts from infringement?

Filled with advice and insight from filmmakers, archivists, film researchers, music supervisors, intellectual property experts, insurance executives and others, Archival Storytelling defines key terms-copyright, fair use, public domain, orphan works and more-and challenges filmmakers to become not only archival users but also archival and copyright activists, ensuring their ongoing ability as creators to draw on the cultural materials that surround them.

Features conversations with industry leaders including Patricia Aufderheide, Hubert Best, Peter Jaszi, Jan Krawitz, Lawrence Lessig, Stanley Nelson, Rick Prelinger, Geoffrey C. Ward and many others.

Additional praise for Archival Storytelling: "I've been making historical documentaries for many years, yet I learned new things from this book. This is the definitive guide for archival research for documentary filmmakers. An invaluable resource." -Mark Jonathan Harris, Distinguished Professor, School of Cinematic Arts, University of Southern California, and writer/director, The Long Way Home and Into the Arms of Strangers

"One of the best-and most needed-[books] I have seen in a while..The challenge is to keep what is a fairly technical aspect of filmmaking interesting without compromising the quality and depth of information. The authors have done an exceptional job in this regard by the careful interweaving of interviews with researchers, filmmakers and legal experts through the factual material.There is the strong sense of being in the presence of experienced filmmakers and researchers who accept that while there are standard practices, archival use and intellectual property laws etc. are contingent fields in which each case must be assessed and dealt with on its merits." -Bruce Sheridan, Chair, Film & Video Department, Columbia College

"It's hard to imagine a more organized, comprehensive dissection of Byzantine material. The authors have produced a tremendous guide for all who use archival resources. Best of all, because of their effort, I believe more individuals will be able to access and properly utilize such material. This book will serve filmmakers and, in turn, the public for years to come." -Thomas Speicher, Producer, Pennsylvania College of Technology

"Not simply a 'how-to' manual, it is also a discussion of ideas, issues and history that creates an enjoyable text even when the subject matter becomes complicated.The real world examples, the roundtable discussions, and the exploration of ideas and issues surrounding the technical aspects are very welcome and well done." -Dustin Ogdin, Filmmaker, Spoke Digital Films

"The book properly advances the notion that 'films matter,' but this is countered by discussants with 'films cost money too.' Filmmakers may take decades to recoup, and licensing helps. It's an ongoing volley, the chapter engenders a road map through the split, the tension makes a good read...This authorative book belongs on every producer's shelf." -Loren S. Miller, Freelance Documentary and Dramatic Editor, Emerson College


* Nearly all filmmakers, at some point in their careers, will want to use third-party materials, or will be asked to license their own work to someone else. This book will show you how to do it (and stay on-time and within budget)* This book, by clarifying and defining such terms as fair use, copyright, intellectual property, and Creative Commons, can better prepare media makers to not only protect their own creative rights but to understand and respect those of others.* Additional resources are available on the authors' website: http://www.archivalstorytelling.com

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The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers Review

The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers
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The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers ReviewEven though I've practiced law for many years outside of the entertainment law area, now that I have moved over into independent film production, I have found the legal issues involved in properly putting together a film to be daunting. If these entertainment law issues are hard for me, as an experienced attorney, I can imagine that they are dramatically more difficult to handle for everyone else. As a result, it is frankly tempting to instead focus on the artistic side of filmmaking so you can skip slogging through the legal quagmire, but you do so at your peril. This is true for a number of reasons, but most importantly, you are taking a huge risk because distributors won't touch a distribution deal for a film with serious legal problems. Fortunately, I've found that this book takes away much of the pain of learning about the legal issues in film, simply because it is so approachable. After reading this book, I really believe that even non-lawyers can quickly grasp the legal challenges of filmmaking. Best of all, the book skips typical "legalese" and instead offers easy to understand, quick references to the contracts, rights clearance and negotiating issues that everyone should understand. Not only did I like the book, but it really is unique, because there's very little else out there on this subject. It really should be on the desk of every producer. I couldn't recommend it more.The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers Overview* You have an idea you want to pitch to a production company; how do you safeguard your concept?* There's a painting in the background of your independent film; is it necessary to clear the rights? * The screenplay you and a friend wrote gets optioned; how do you split the proceeds fairly?* How do you get a script to popular Hollywood actors or deal with their agents?Find quick answers to these and hundreds of other questions in The Pocket Lawyer for Film and Video, the next best thing to having an entertainment attorney at your beck and call. Written by a TV-producer-turned-entertainment-lawyer, this no-nonsense reference provides fast answers in plain English: no law degree required! The Pocket Lawyer is designed to help producers reduce legal costs by providing the vital information needed to make informed decisions on the legal aspects of film, video, and TV productions.Film and video production is a litigation lighting rod: actors get hurt, copyrights are infringed, and contracts are broken. Big-budget producers have lawyers on retainer, but many independent filmmakers are left legally exposed. Arm yourself with the practical advice in this book. You will not only avoid common pitfalls, but become empowered in your daily work. Too many otherwise competent producers turn over every aspect of the deal negotiations to their lawyers and agents. This book explains the principal deals common to every production, putting producers back in the co-pilot seat with their representatives. The format is carefully designed for quick reference, so you get the answers you need, fast. Features include: * Clause Companion: explains the meaning and impact of typical contract clauses, taking the headache out of reading them.* F.A.Qs: instantly answers the most commonly asked legal questions.* Warnings: alerts you to critical areas and common mistakes. * Pro-Tips: advice on unions, escrow accounts, etc. for producers who want to distribute their video widely.* Avoid legal pitfalls with this quick reference guide: get instant answers* Written in plain English for filmmakers, not lawyers * Three books in one: a handy manual on film contracts, a step-by-step guide to critical legal issues on and off the set, and a quick reference on copyright and intellectual property issues

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The Independent Filmmaker's Law and Business Guide: Financing, Shooting, and Distributing Independent and Digital Films Review

The Independent Filmmaker's Law and Business Guide: Financing, Shooting, and Distributing Independent and Digital Films
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The Independent Filmmaker's Law and Business Guide: Financing, Shooting, and Distributing Independent and Digital Films ReviewFilmmaking is a leap of faith. A lot of people assume someone else will solve all the paperwork problems when distributions is locked. Unfortunately, if your paperwork is not in order and you can't furnish deliverables, you run the risk of losing the distro deal. Deliverables- what you provide to a distributor so they can do their job of marketing your movie- begin at the screenwriting stage.
If you are totally do it yourself and willing to make investments on yourself, why would you leave legalities to the VERY end when you have no choice (at least at the start you have the option of NOT hiring someone if they won't sign an actors release, avoiding a location if the owner won't sign. There's no "getting away" with anything.) This is stuff you hear about in film school, but it doesn't sink in until you experience the limitations caused by putting off the paperwork.
Author Jon Garon provides a legal book that is inclusive of all filmmakers, including no budget guerilla filmmakers. Even books that deal with guerilla filmmaking tend to gloss over the pertinent details that relate to Do-it-yourself-ers. He has some beautiful words of respect for guerilla filmmakers, too. That this is a law and business guide makes it a must have for anyone thinking about making a movie, be it for no money or millions.
This is the first book I've read that goes indepth as to the protections of a sole-proprietor vs. sole-Proprietor LLC (if your state allows it). I set up the LLC today, following his instructions. Took 10 minutes, online. Even went to the irs.gov for the employer id Number. He explains the risks of partnerships, and how you can unwittingly enter a partnership if you and your pals don't set forth an agreement at the start.
Financing is everyone's biggest complaint. This book explores the conventional and alternative financing models (investors vs. disposable income vs. debt financing/credit cards), and goes one better as to compare the risks and rewards of each. The golden quote is "I have never heard of anyone who has gambled her house on a film and won."
He even breaks down setting up your company and chain of command, running your company, working out deferrals and how those are paid back, and all sorts of issues you need to know but otherwise wouldn't think of. This book also includes info on contracts, actor and location releases, and music permissions.
Granted, this doesn't include a lot of boiler plate. But Mark Litwak has books for that. However, this book bests Litwak in the realm of detail and why certain provisions really matter. This book empowers the filmmaker to understand business and contracts, what to ask for, what to avoid, and so much more. This is a critical book to own. Particularly if you're broke. So get it!The Independent Filmmaker's Law and Business Guide: Financing, Shooting, and Distributing Independent and Digital Films OverviewToday's explosion of independent and digital filmmaking demands a brass-tacks guide to the business and legal aspects of the process. What fundraising options are available to a filmmaker? When should a filmmaker establish a corporation or limited liability company? How do screenwriters protect their work? What are a director's legal obligations to the producer, cast, and crew--and what are their obligations in return? And why must the filmmaker pay special attention to products and artwork that might appear in the background of a shot? This indispensable resource addresses the legal, financial, and organizational questions that an independent or guerrilla filmmaker must face, and the problems that will doom a project if left unanswered. It demystifies issues such as founding a film company, obtaining financing, preparing a budget, securing locations, shooting, granting screen credits, and distributing, exhibiting, and marketing a film. Newly updated and expanded, this second edition explores concepts such as executing a digital distribution strategy through the use of YouTube and "webisodes," the importance of international distribution, and legal issues particular to documentaries. Six handy appendixes provide sample contracts, copyright circulars, Documentary Filmmakers' Statement of Best Practices in Fair Use, studio contact information, and more.

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Entertainment Law in a Nutshell (In a Nutshell (West Publishing)) Review

Entertainment Law in a Nutshell (In a Nutshell (West Publishing))
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Entertainment Law in a Nutshell (In a Nutshell (West Publishing)) ReviewSorry, I can't agree with the previous rave review.
The book focuses mainly on the movie, TV and music industries. Sports, theater, and, for the most part publishing and electronic gaming are ignored (though of course some focus is to be expected in such a short book). The point of view tends to be that of an attorney representing talent, rather than representing a producer, a studio, an investor, etc.
Prof. Burr's choice of emphasis is odd in many places. For example, she spends 10 pages discussing the privileges and perils of celebrity. Aside from mentioning that Kobe Bryant, Robert Blake and others have been involved in criminal cases, there isn't any mention of legal issues; it's more like a rather tame piece of tabloid journalism. As a result, it seems as if chunks of her book are intended for a popular audience, rather than the typical Nutshell audience of law students or practicing attorneys.
The legal content is very haphazard. If you weren't aware of guild agreements or music performance rights societies, you can learn about them in this book. Prof. Burr introduces some collateral topics such as bankruptcy and trusts and estates law when discussing how entertainers squander their wealth (though to be accurate, she discusses celebrity bankruptcies, rather than bankruptcy law).
On the other hand, entertainment finance and the related securities and corporate law issues never are mentioned. Yet movie lawyers, at least in L.A., actually tend to be quite sophisticated about these topics. Completion bonds aren't discussed at all. TV syndication is mentioned only in passing.
The rights of publicity and privacy are discussed only in the context of celebrities - though they apply to ordinary folks too. If you're buying someone's "life rights", or want to shoot a documentary or publish an interview, you might not know from this text that you need to worry about these subjects.
(In addition, the description of the Eastwood v. Superior Court case (Calif. Court of Appeal 1983) concerning the "right of publicity" is slightly misleading. This right is characterized as a "property interest ... grounded in state staututes, common law, and the federal unfair competition act" (p. 288). In California, the common law right is a component of the right of privacy and is definitely NOT a property interest. Nor is the original California statutory right (Civil Code Sec. 3344) a property right, as the heirs of Bela Lugosi found in a famous case. After that decision, the California legislature passed Civil Code Sec. 3344.1, relating to knowing violations of the right of publicity of a deceased person; it is only this stautory right that is a property right.)
The chapter on entertainment contracts is especially scattered. The movie section has a good discussion of case law concerning "pay or play" provisions, but then jumps around. There's a long discussion of publishing contracts, though the publishing industry isn't mentioned anywhere else in the book. The concept of "turnaround" - one of the great IP inventions of entertainment lawyers - is mentioned only tangentially (as a writer's right of reacquisition) and in a different part of the book; you'll never find it in the scanty index. Generally, contracts are discussed in terms of case law, rather than in terms of the documentation customary in typical deals. This point of view may be helpful for litigators, but definitely isn't a deal lawyer perspective.
A last chapter on globalization mentions piracy in Thailand ca. 1992, but has nary a mention of China (book was written in 2004). Localization, local content requirements and international distribution issues aren't addressed at all.
The book is also marred by bad proofreading and bad editing, with chunks of text being repeated verbatim within a few pages of each other (e.g., compare p. 227 with p. 244, and p. 246 with p. 247). In lieu of this book, I'd recommend you consult a "legal issues for laypeople" type of book that focuses on the particular industry you're interested in, such as Mark Litwak's books or Erickson et al. for the movie business.Entertainment Law in a Nutshell (In a Nutshell (West Publishing)) OverviewA basic but comprehensive survey of entertainment law, this Nutshell gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field. Professor Burr also addresses specific legal issues that arise in the film, music, and television industries, including discussion of the rise of reality television. This Nutshell can be assigned as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.

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The Master Switch: The Rise and Fall of Information Empires (Borzoi Books) Review

The Master Switch: The Rise and Fall of Information Empires (Borzoi Books)
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The Master Switch: The Rise and Fall of Information Empires (Borzoi Books) ReviewWarning: This is not light reading. The book is well-written but is not designed as entertainment. If, however, you are concerned about the Internet and potentially where it might go in the near future, or more specifically, how it might wind up controlled, this book will be an interesting and informative read. Important too because communication and information dissemination are vital to the freedom of us all.
Columbia University Professor Tim Wu takes us on an in-depth tour of the history of the communication empires of telephone, radio, television, and now the Internet. Wu's analyses and conclusions are both brilliant as well as at times somewhat surprising. Every page gives evidence of Wu's thorough research, careful thinking and insights that went into the writing of this fine work.
The internet has become part of the lives of almost everyone, with its freeing and empowering presence; in fact in important ways it has become indispensable. A not-too-surprising worry might be that the federal government may someday try to control it, not so overwhelmingly as does the government of China of course, but the possibility is there.
What Wu so sagatiously points out is that that threat of control could just as easily, or actually more easily, come from the private sector, because in fact the existence of the internet and its smooth functioning are dependent, not on the government, but private enterprise. A different kind of monopoly looms ahead of us as a distinct danger, and this present information age presents new policy and regulation challenges.
One hopes that the right government officials at the federal level take heed to this awesomely researched book.
If you would like to understand more accurately recent decades as well as the present time the huge corporations that have in the past but also could one of these days control the ways and means of communication, by all means give this worthy work a read.
Highly recommended.
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