Category: copyright

Follow the lead QUESTIONS

One of the things I learned as a librarian and as a citizen is that, much as it pains me, I can’t know everything. So it’s good to know people who you know and trust to vet things for you.

For instance, if I were suddenly to develop an interest in Doctor Who and wanted to know what book to read first, I wouldn’t bother researching it,; I’d just ask Gordon.

So it is with local politics. There’s coterie of people whose opinion I trust who I can usually count on for selecting candidates to support. In the last Democratic primary, most of them were supporting one particular candidate. But then another person, who is also a guidepost, not only backed another candidate, but noted some rather uncomplimentary things about the candidate my other friends backed.

Well, I’ve come to the same conundrum regarding some federal legislation concerning the copyright of “orphan works”. On one side of the issue is Paul Rapp, an intellectual property lawyer around here, who supports the idea of the bill. In fact, I wrote about it, and Paul, a/k/a F. Lee Harvey Blotto, drummer of the legendary band Blotto, here. I’ve known Paul since the early 1980s and trust his judgment. Also on this side is the Special Libraries association, of which I am a member, which supported these modifications to the original legislation.

But on the other side is Steve Bissette, artist extraordinaire, who has a much more negative view, to say the least, as noted here and here. I knew Steve from the mid-1980s, when he produced work that was published by my publisher, FantaCo. We have re-bonded recently in our attempt to get the FantaCo Wikipedia spost corrected. He fears the artists being ripped off.

The topic came up at work when one client of the SBDC had a piece of artwork produced by a street artist and wanted to use the art as part of a logo for her new store. Whole the art belonged to the entrepreneur, the image was copyrighted by the creator. But who is he? Where is he? Is he still alive? Based on precedent established in the library community, our librarian recommended that the business make a “good faith effort” to find the copyright holder, through paid ads in the newspaper and art newsweekly in the city where the artist had been working, describing in detail the situation.

I looked at the material Steve provided, and while I understand that the creative community fears that the legislation will create a license to steal and that people will just pretend to look for an owner before using the image, it seems to me is that this is how it’s currently working without legislation.

The bill appears to be dead this year – apparently some economic bailout seems to have been more important – but the issue will come up again.

So, my questions:

1. What topics, if any, do you tend to look to others to help inform you? Who are these information leaders?

2. What is your understanding of orphan works copyright legislation?

I’m so confused…

ROG

ROG

ABC Wednesday: L is for Little Roger and the Goosebumps & Led Zeppelin


As is my wont, I was listening to the Coverville podcast a couple weeks ago. Brian Ibbott decided to play several covers of Led Zeppelin’s Stairway to Heaven, some straightforward, some silly. I was disappointed, though, that he didn’t play my favorite cover by Little Roger and the Goosebumps, Stairway to Gilligan’s Island. As it turns out, Brian had played it on this April 2007 episode.

I discovered that the song, recorded in March 1978, and released it as a single in May 1978, inspired Led Zeppelin’s lawyers to threaten to sue for copyright infringement and demanded that remaining copies of the recording be destroyed. This is highly ironic, given the fact that Stairway seems to be heavily copped from the 1968 song Taurus by the group Spirit, the first song on that recent Coverville episode, a snippet of which can also be found here. In fact, this website addresses many of Led Zeppelin’s “influences”.

At least I own a collector’s item.

HERE.
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October 9 birthdays in the category: Lennon, Sean, who I saw perform last year, and his late father John, who is represeented here:
or here.

.

ROG

ROG

Copyright Orphans

Paul Rapp “is an intellectual-property lawyer with offices in Albany and Housatonic, Mass. He teaches art-and-entertainment law at Albany Law School, and regularly appears as part of the Copyright Forum on WAMC’s Vox Pop.” He writes a regular column on intellectual property rights.

His most recent column addresses the “Orphan Works” copyright and potential legislation regarding it. What is an orphan work? Paul cites Meredith L. Patterson’s Radio Free Meredith where she uses this example about “your parent’s wedding pictures from 1955. You want to publish them? Guess what? The copyrights are probably owned by the photographer! Who was who? And is now where? You don’t know? Uh-oh.” The proposed bill, H.R.5889, the Orphan Works Act of 2008, seeks to provide “limitation[s] on remedies in cases involving orphan works.”

Rapp wrote just before the actual legislation was introduced, but still got it right. “The legislation will…seek to rectify the problem of lingering, abandoned copyrights, to loosen this stranglehold of ghosts on our culture, by allowing the reuse of pre-existing materials in situations where after a reasonably diligent effort, no copyright owner has been located. If, after the work is re-published, a copyright owner shows up and says ‘that’s mine’, the copyright owner will be entitled to a reasonable licensing fee for the use, but won’t be able to stop the use.”

If this legislation had been enacted, the case about the use of the street artist’s picture for their business that one of my library colleagues wrote about last month would almost certainly have applied.

Rapp, BTW, is a/k/a Lee Harvety Blotto, drummer for the legendary Albany band, Blotto.ROG

ROG

Unlucky

I’d like to address a karmic imbalance. Much has been made of the significance of 07/07/07 as a lucky day, so lucky that the number of marriages registered on theknot.com was triple the usual number of July weddings. But that date happens once every century. Meanwhile, we have a Friday the 13th at least once a year, usually twice, occasionally more. This means there are more unlucky days than lucky ones, by a ratio of about 200:1. Even if you choose to embrace 07/07/77, or the Chinese lucky number 8 in 08/08/08, there’s still a wide disparity.

And I can’t find any reference to 7/7/1977 being a day that lots of people were particularly embracing. Maybe, it’s the three 7s, not unlike the slot machines. (Though I did find President Jimmy Carter’s daily log for 7/7/1977).
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There’s a 30 second video on YouTube: Al Jazeera English – What do you think?, There were, as of last night, nearly 70 response, most of them far longer than the 30 seconds requested (one was 10 minutes!), and most of them reasoned responses, though at least one is not. A couple are very funny. I have no response about Al Jazeera English, because I’m unlucky enough that my cable company, like most in the country, does not show it, even though they don’t charge cable companies for it. It IS available online, however, and I’ll have to make a point of checking it out.
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New Mexico governor and Presidential candidate Bill Richardson has apologized for using an anti-gay slur. Generally, I like him, though I thought his May 27, 2007 Meet the Press appearance showed up real inconsistencies over the past couple years. I think he still has a good chance of being the Democratic nominee – he’s doing OK in the money race – if the Democrats decide that Barack is too inexperienced and that Hillary is too…Hillary. I think it would be problematic for the party faithful if the Dems fail to nominate either a woman or a black, the folks raising the most money, and they end up with a non-Hispanic white male AGAIN. That said, I really enjoyed watching Ron Paul and Mike Gravel on ABC This Week this past Sunday. Neither has a prayer of winning, but both insist that they’ll be in the White House come January 2009. And if I were a voter in the Republican primary, I would certainly be voting for Ron Paul, who ran as the Libertarian 20 years ago.
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Boots Randolph died last week. He’s most famous for a song called “Yakkity Sax”, which most people know better as the theme from “Benny Hill”, a show my father loved and I hated. I like the song, though:

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That youngster Charles Lane died this week. Mark Evanier is all over it. And if you don’t know who Charles Lane was, well, you WILL recognize the face.
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Can Credit Cards Make You Fat?
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Sprint drops needy customers.
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Is Merrin Dungey unlucky that’s she’s been booted off that Grey’s Anatomy spinoff, or will Audra McDonald feel unlucky that she’s gotten the recast part?
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Bad trip, indeed.
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ADD found a reference to a report suggesting that copyright should be 14 years. I don’t know about that, but I do feel that Jefferson, Franklin and other Founding Fathers/inventors would feel that the country has been ill-served by the constant lengthening of the copyright period.
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Someone, I really don’t remember who, suggested that tennis legend Bjorn Borg

is starting to look more like Ed Begley, Jr.


Judge for yourself. (Born is in the middle, between the Wimbledon men’s finalists, winner Roger Federer and runner-up Rafael Nadal.)

And speaking of Wimbledon, Venus Williams makes the Christian Science Monitor. Not unlucky.
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It would be most unlucky if we lost Eyes on the Prize:

ROG

ROG

Creative Commons

As a librarian, I tend to be cognizant of, and pulled by, two often conflicting values, the widespread distribution of information versus the desire to honor intellectual property rights (copyright, trademark, patent), the latter so the creators will be willing and able to “do it again.”

(Not that I always ABIDE by the latter, but I usually have a good excuse, or a very good rationalization.)

So, I was very interested in reading an article in the July/August 2005 Searcher, “The Magazine for Database Professionals”. The article, “Generosity and Copyright” by Laura Gordon-Murname, asked the question, “How can you help patrons identify public domain content…?”

The copyright law has become more skewed towards the copyright holder over time, especially since 1978, with longer periods and more lenient applications, so that the doodle on a napkin or a quick e-mail becomes copyrightable. According to Gordon-Murname, there are many critics who believe these changes fly in the face of the law as envisioned by Jefferson and his contemporaries. She quotes Larry Lessig, who says this “permission culture” has changed from “an opt-in system in which creators were required to register to an opt-out system.”

The Creative Commons Foundation was founded in 2001 to create “balance, compromise and moderation” for copyrights, offering “creators a best-of-both-worlds way to protect their works while encouraging certain uses of them.” Creative Commons has developed tools so that creative people who wish to share their work can specify who can use their works and under what circumstances.

Try the Creative Commons search mechanism or the new (March 2005) Yahoo! Search Creative Commons Search. You will be able to ascertain if the work:
– is in the public domain
– requires attribution
– can’t be use commercially
– must be used as is (no derivatives)
– allows for sampling

Of course, many federal government web sites are in the public domain. Gordon-Murname lists these sites that offer public domain content:
Library of Congress
National Archives
NASA
National Oceanic and Atmospheric Administration
U.S. Fish and Wildlife Service

Also these other PD locations:
Public Library of Science
Ibiblio, “the public’s library and digital archive”
Project Gutenberg, “the Internet’s oldest producer of FREE electronic books (eBooks or eTexts)”
The Online Books Page
Bartleby.com, “Great Books Online”

Some recent comments from the Copyright Office indicate that the Office is considering asking Congress to allow the “marketplace” to determine the price of using copyrighted material (after making almost everything imagineable under copyright), and expects the would-be user to go to the copyright holder to negotiate the price, if one can even FIND the copyright holder. I’m afraid this would stifle creativity in favor of endless litigation. Perhaps this “middle way” is a solution.

ROG
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