Hell of a week, the details of which are probably
irrelevant to anyone who is not me, but involved hospitals, vets,
non-medical-aid-required illnesses, work, and car insurance people -
oddly, none of these things being actually related to each other aside
from the fact that they ganged up in an attempt to drive me shrieking
over the edge.
But it is storming now - the wonderful thunder-and-lightning sort - and
I find it all very calming, somehow. Everything will be okay.
So, if anyone else out there is having the kind of week I'm having (and
from others to whom I've spoken, it seems to be going around)... I hope
you find whatever it is that brings you this sort of inner zen.
Two days left, then the weekend. :)
- Expand the definition of "orphaned works" so broadly it could be applied to virtually ANY Intellectual Property,
- All an Infringer (THIEF) has to do is claim they made a "reasonable effort" to locate the rights holder, even though they have a great financial incentive to NOT find the rights holder, thus exposing work to unauthorized (possibly even objectionable) use, while
- Providing no compensation or notice to the creator of the work
- Calls for the creation of for-profit "registries" (databases) where all works - retroactive to include EVERYTHING a creator ever produced - must be registered to be considered "protected." The registries do not yet exist, there are no standards for how they would be "certified," would rely on image recognition technology that doesn't yet work, and would effectively replace the non-profit registration with the government Copyright Office with many private for-profit companies
- Places the burden of diligence on the creator to protect their work, not only by paying out-of-pocket to register everything that creator has ever produced, but also to try an monitor the ENTIRE WORLD for possible infringements (which is impossible for anyone to do).
- Calls for the creation of a completely new Judiciary Branch just to deal with infringement cases
- Force creators into those courts - and assume all the
legal costs of doing so - to defend their copyrights to their work, while limiting the amount which could be recovered to
whatever sum the Infringer (THIEF) had decided was "reasonable compensation,"
but only if the court determined that the Infringer HADN'T
made a "reasonable effort" to locate the rights holder before using the work
without authorization. And an Infringer could argue that simply having
searched the "registry" and not having found the work listed there was a
"reasonable search" to assume the work was orphaned and no authorization was
necessary.
The soothing power of storms
Of gel clings and ceiling fans
My partner's out of town visiting friends... what better time to redecorate the house, right?
First came the aquatic gel clings on the bathroom mirror. Cub *finally*
started carrying something summer-themed that didn't involve American
flags, and thankfully it was fish and other sea creatures (along with
some beach stuff, which will go on the glass divider of my cube at
work). Our bathroom has an aquatic theme... not so much because there's
water in the bathroom, as I suspect rules most people's decisions to
put fish decor there, but because it's painted a hideous wedding mint
aqua and I find that brightly colored fish make it look kind of cool
and intentional.
Yesterday my parents came over to give an assist (okay, Dad did almost
all the work) in replacing our dining room lamp with a ceiling fan.
Room desperately needed some air flow, and the cats were the only ones
who didn't constantly bang their heads on the old lamp. Looks awesome,
works great, and the grey cat is scared senseless of it.
I hadn't expected this; usually he's the fearless one. The other cat doesn't seem perturbed by the addition.
Huh.
We've finally gotten to the point, after much coaxing (and some treats
which he bolted down and promptly threw back up) we've decided that the
fan is okay if it's not doing anything. Running, however... different
story.
All things with time, I guess.
Artists of all mediums, please read
Someone forwarded this to me today - and frankly, it scares the
ever-lovin' shit out of me. Just the implications of what it could do
to the artistic community....
Please - take the time to read and act. I don't say that about many things, but... dude.
I'm not even going to paraphrase the email, as I feel it did a good job of summing things up on its own.
------ Forwarded Message
There is a bill before
both the House and the Senate that would allow rampant infringement (THEFT) of
Intellectual Property and effectively privatize copyright registration as a
for-profit business.
All of the details, and a way to take action
against this bill, can be found at: http://capwiz.com/illustratorspartnership/home/
This
is of interest to anyone who has ever created an artwork (cartoon, drawing,
painting, sculpture), audio or video recording, written fiction or non-fiction,
or even taken a photograph. It applies whether you have registered your work
with the government Copyright Office or not, and whether you have ever sold or
published your work or not. It would essentially provide copyright infringers a
legal loop-hole to STEAL Intellectual Property which is currently protected by
International law, simply by declaring the work "orphaned." An "orphaned work"
is Intellectual Property for which the creator or rights-holder cannot be
located to obtain permission to use the work.
What the "Orphaned Works
Act" would do is:
This law would STRIP creators of their Intellectual
Property Rights, while adding the financial burdens of registering works and
policing the use of their work, at the same time it would be exposing creator's
work to abuse, while removing the only legal means creators presently have to
enforce copyright compliance. Works could be declared "orphaned" in one
situation and "protected" in another on a case-by-case basis. If the copyrights
could no longer be enforced, and exclusivity could no longer be guaranteed, this
law would reduce the market value of Intellectual Property rights so much as to
make the copyrights worthless. Thus, at the same time the creators are being
financially burdened with registration, monitoring, and litigation actual
revenues from the assignment or licensing of rights would be
eliminated.
This law would also affect anyone who has ever posted a
photograph online. An infringer could simply take the photo and use it however
they pleased, even alter it in a way you found objectionable. If the photo was
re-posted anywhere without any reference to who took it, it would be considered
"orphaned." If you didn't pay to register it in one of the for-profit
databases, and an infringer looked for it there and didn't find it, they could
legally assume it was "orphaned." Even if it was posted on your web site with
your e-mail address and a copyright notice, all they'd have to do is send you an
e-mail, which if you never saw it (because a anti-spam or anti-virus software
blocked the message), they could claim they made a "reasonable effort" to
contact you - when you didn't respond they assumed the photo was "orphaned."
Oh, and they could actually attach a virus or spam text to purposely cause
their message to be flagged and blocked.
Please write to your
representatives and STOP this from becoming law!
Sincerely,
Kristiana Hansen
http://www.kmhcreative.com
PS: Pass this on to any artists you know so their voices can be heard
too.
Yay for pots!
... as in cooking implements, not weed.
Made a
really nice garage sale score today - the full set of the stainless
steel pots you get with a Cooking Club of America Lifetime Membership.
If you ever think of joining - don't. Their book club offers exactly
two good books (the intro to the basics book and the one on pasta), and
overall they just try to rip you off.
However, their pots kick
ass. They claim the set is worth $230 (looking at similar stuff online,
fairly accurate), and I certainly wouldn't pay the $330 lifetime
membership fee (even in twelve convenient installments).... but for
$50, when they don't even look used?
Hell yeah!
And now
we can happily ditch the old ones with the non-stick coating rubbing
off... I was beginning to worry that I'd grow an extra toe or something.
(This still doesn't beat my earlier score of a 1978 MN RenFest
commemorative pottery mug for $2... but I think there's very little
that would. *grin*)
Lost & Found
Long and long ago, I was gifted a set of mixed tapes of
Festival music. There were around a dozen of them, and they remain one
of the neatest gifts I've received. Unfortunately, several years later
the person who made them asked to borrow them back as she'd lost a
couple of the originals, and upon inquiry a month later when I was
missing them terribly, informed me that she'd never intended to return
them in the first place.
That'll teach me.
A decade and change later, I've finally reassembled most of what was on
them... except for a couple tapes and a some nagging songs that NO ONE
could identify for me. I googled... oh, how I googled.
One in particular tended to float the refrain through my head - and
today, I finally hit paydirt on it. Some random guy had the lyrics on
his blog, and thankfully included credit to the author. Once I had
that, the rest was a snap... although I think that with anyone as big
as Maura O'Connell apparently is, it really shouldn't have been this
hard.
A performance of "The Scholar" on YouTube
Finding this makes me incredibly happy. I intend to order everything this woman has to offer.

