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Old 08-07-2008, 09:56 PM   #92
geodeticman.5
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Join Date: Jul 2008
Location: Eastern Slope urban corridor, Colo. USA
Posts: 1,007
Default Re: Singing "Gordon Lightfoot" songs !

Podunk:

Yes thanks for correcting my twist from Boundary Law coursework - Eminant Domain - as I mis-stated at the top of my p.s. to you, as I am sure you know better than I, is when the U.S. Goverment can, when deemed in the public best interest ( with the ideology that "highest and best use" - [for the most people] land use/planning agencies espouse) make forced use of, shall we say - politely , and recompensed, -taking- , and paying for with "fair maket value" of a person's private land or chattels thereon, et al - for purposes that benefit needs of the masses -

eg the Federal Interstate Highways act - I-25 in Denver when it plowed through Denver, ripping out hundreds of homes, businesses, old planimetric features, and replaced it with the 10-lane wonder we have now that is -seemingly- yearly being ripped up and widened and HOV'd and , well, you name it - curent project with enough money assigned it ,it has an acronym - project T-REX, to make way for light-rail (yeayy!) through Denver , long overdue .

I understand the philosophy of eminant domain as it applies... versus Public Domain, but correct you are, as I noted lower in the post you refer to - the more applicable term in my question of music - Public Domain, of course.... I agree for sure. Slip'o the tongue/memory/keyboard on the first opener with eminant domain.

And, that "eminant domain" was further in the national interest with the Interstate act's primary reason - post WWII and Pearl Harbour - not to mention the lesser known ground invasion on the west coast - Aleutian Islands in Alaska and futher down the PAcific Coast, the Act's intent was primarily to provide a raised (so they cold see enemy troops or equipment) highway subtantial enough, and unintterupted by stop-lights, for the primary purpose of being able, in a national emergancy again, on the mainland, to mobilize the heavy defense machine thousands of miles as necessary without stopping except to commandeer gas, etc....

...that we may never again be caught defenseless in a given area without the ability to mobilize heavy troups and equip by instertate to the area of..entaglement.... one of Dwight Eisenhower's later great dreams realized - along with the (here I go) U.S National Mapping Program - mapping the whole country at 7.5 minute quadrangle intervals - sometimes 15 minute.....also for primarily military purposes - on what we call colloquially "quads" - or "topos" in the U.S. are typically these Federal Maps sold at cost recovery.

And to keep map talk short, one more ort from the program - the quads...contour maps AND lesser known planimetric maps of the country ( still being done first run maps in ALaska) employ a principle that, in Char's hyperlinks to Shelton's works, turned up a mis-statement by the academician that wrote on one of the papers she found - speaking of the ability in quadrangle maps to hide certain quantities of features and/or troups - had the number wrong - the USGS Rules and Reg's for The NMP call for "woodland tint" - the green on topos in amorphous patches - is called for when a "troup" of 12 men/woman soldiers could hide in one square mile.

Stated otherside - the vegetation/woods are dense enough that on average - very interprative photogrammetric work- a troup could disperse and hide in that square mile. Course, it seves us hikers well, too in navigating by map. I did my internship/extership in Mapping and Geodetic Surveying at U.S.G.S in Lakewood, at the Federal Center - old bldg 25..and the old Forest Service Bldg # 42- that also encompassed the third aspect of my intern and exterships - the BLM aerial photo lab, was in old bldg 42 , too, for Denver'ites familiar with the Federal Center city-within-a-city.

In addition to the first mis-statement I had you pointed out of eminant domain, I'd add that the term applies only when Federal entities are involved, or are grabbing up or commandeering land, homes, businesses, supplies, even situations -resulting in martial law commonly. And it is one of the four rights we do not "get" or convey - when we sell or buy property in US, even with fee simple absolute deed and title.... the right of eminant domain, escheat, estoppel, and Police Power. My old Boundary Law Professor would be proud .

And when one -private- party attempts adverse posession - thought to be easy - but in court, it is not.....is not intrinsically anything to do with eminant OR Public Domain,unless the feds are one of the contiguous parties or "legal persons" .

My question to you - I am still curious of - Podunklander - is still, do the states' number of years for their statute of limitations - varying state by state,apply in any way to where a person writes/publishes/establishes their date of original work? I think by virtue of inference from what you kindly wrote - the answer is emphatically - "no" - musicians' copyright factors are all Federal , national purvue and office questions,laws, and answers, not the Jeffersonian principle of states checks and balances of power versus Federal..., so the state laws or point of origin -or- travesty thereof, have no legal bearing - its all federal law and license.

I think i get that answered intrinsically from what you wrote. And, consequentially - state's statutes of limitation have no bearing on a strictly federal matter in the case of music then, like Tim's song and work..have I got it ?. OK....

Thanks !

~geo steve
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