Why I Don’t Observe “Talk Like a Pirate Day”

If you’re not familiar with International Talk Like a Pirate Day, consider yourself lucky. The original intention was for this to be a parodic holiday. It started in 1995 by a couple of pirate performers in Oregon. It began as an inside joke between the two friends but developed a following over time. The holiday stems from a romanticized view of the Golden Age of Piracy. Most of the images for Parody Pirates comes from Robert Louis Stevenson’s 1883 novel “Treasure Island.” The vernacular became popular in the 1950’s with actor Robert Newton who portrayed many pirate characters but most notable Long John Silver in the 1950 Disney film “Treasure Island.”

I don’t participate in this fun holiday because I don’t like the Parody Pirate Culture. It’s not my jam. I’d rather be a real pirate. I enjoy sea shanties of the sailor’s life and they give a true depiction of how sailors in those times spoke. I have nothing against anyone who participates in Parody Pirate Culture and I think children enjoy it. Feel no shame if it’s something you enjoy doing. I personally chose to be a different kind of pirate. The kind that drinks rum and avoids common folk. I do like mermaids. Anyway, here are the lyrics to one version of the sea shanty “Blow the Man Down.”

“Blow the Man Down” was a phrase used by sailors meaning to punch someone and knock them out.

Come all ye young fellows that follow the sea, 
to my way haye, blow the man down, 
And please pay attention and listen to me, 
Give me some time to blow the man down. 

I’m a deep-water sailor just in from Hong Kong, 
to my way haye, blow the man down, 
if you’ll give me some grog, I’ll sing you a song, 
Give me some time to blow the man down. 

‘Twas on a Black Baller I first served my time, 
to my way haye, blow the man down, 
And on that Black Baller I wasted my prime, 
Give me some time to blow the man down. 

‘Tis when a Black Baller’s preparing for sea 
to my way haye, blow the man down, 
You’d split your sides laughing at the sites that you see. 
Give me some time to blow the man down. 

With the tinkers and tailors and soldiers and all 
to my way haye, blow the man down, 
That ship for prime seaman on board a Black Ball. 
Give me some time to blow the man down. 

‘Tis when a Black Baller is clear of the land, 
to my way haye, blow the man down, 
Our Boatswain then gives us the word of command 
Give me some time to blow the man down. 

“Lay aft,” is the cry, “to the break of the Poop”! 
to my way haye, blow the man down, 
Or I’ll help you along with the toe of my boot! 
Give me some time to blow the man down. 

‘Tis larboard and starboard on the deck you will sprawl, 
to my way haye, blow the man down, 
For “Kicking Jack” Williams commands the Black Ball. 
Give me some time to blow the man down. 

Pay attention to order, now you one and all, 
to my way haye, blow the man down, 
For right there above you flies the Black Ball. 
Give me some time to blow the man down.

Introduction to Copyright Law

Whether you are a creator or someone who uses the creative works of others, it is important to understand copyright law.  You may need to protect your own work, or you will need to know how to obtain permission to use others works.  Here is some basic knowledge of copyright law but you should always consult with a lawyer before pursuing legal action.

What is Copyrightable?

Two things are required for a copyright.  The work must be original, and the work must be written down, recorded, or otherwise fixed such as filmed, painted, typed, etc…  Some examples are books, magazines, newspapers, poems, songs, plays, photographs, paintings, sculptures, films, and designs.  Letters, speeches, and fictional characters are also copyrightable.

What is Not Copyrightable?

Though the requirements for copyrights are broad, there are several things that are not eligible for copyright.  Items that are excluded from the Copyright Act are ideas, plots, concepts, procedures, processes, systems, methods of operation, principles, and discoveries.  Facts are not copyrightable; however, a compilation of facts could be copyrightable.  Only the manner and order the facts are presented is copyrightable.  Names, titles, short phrases, Scenes-A-Faire, and stock characters are not copyrightable.

How Long Does a Copyright Last?

The Copyright Act of 1976, which took effect on January 1, 1978, states a copyright lasts the entire life of the author plus 50 years.  The Sonny Bono Act of 1998 extended this to the life of the author plus 70 years.  What about anything created prior to 1978?  Anything published between 1964 and 1977 was given a 28-year copyright with an automatic 67-year extension for a total of 95 years, only if the copyright holder filed their renewal application.  Anything published between 1923 and 1963 was given a 28-year copyright with the option to renew for another 67 years for a total of 95 years.  Everything prior to 1923 is considered Public Domain.  Why is this important?  95 years after 1923 is 2018.  Every year from now on will add new works into the Public Domain.

Fair Use and Parody of Copyrighted Works

There are special situations where a copyrighted work can be used without permission.  The first is called fair use.  These include criticism, comment, news reporting, teaching, scholarship, and research.  The second is called parody, which is a form of commentary about an existing work or its author.  If something is borrowed from one work to comment on another, this is considered satire and may be copyright infringement.

Public Domain

Public Domain means the copyright has expired or one never existed for the work.  As mentioned earlier, everything prior to 1923 is Public Domain.  Works with a copyright prior to 1964 that did not renew their copyright are Public Domain.  The film Night of the Living Dead (1961) is in the Public Domain because the copyright holder did not renew the copyright and it expired.  Everything published between 1923 and 1977 has a maximum copyright protection of 95 years.  95 years after 1923 is 2018.  This means everything published in 1923 that was still under copyright protection fell into the Public Domain on January 1, 2019.  Everything published in 1924 fell into the Public Domain on January 1, 2020; and so on and so forth.  Some authors place their works in the Public Domain.  There is no official database of Public Domain works so it will require some research to determine if a specific work is in the Public Domain.

For more information involving copyrights, trademarks, and other entertainment rights, obtain a copy of Joy R Butler’s book The Permission Seeker’s Guide Through the Legal Jungle.  Also, always remember to back up and keep several copies of your intellectual property.

Fun Fact: A blog is another form of recording something; therefore, everything you post on your blog is copyrighted.