Constitution Archives - Page 7 of 8

Disney/Marvel, SONY and copyright overreach

I vigorously oppose the proposed “Six Strike” copyright punishment system, in which ISPs voluntarily agree to penalize their customers if the entertainment industry ACCUSES them of piracy. Entertainment media have been known to claim copyright for items they do not actually own.

I’ve long been concerned about the expanding length and reach of copyright protection in the United States, and elsewhere in the world. The US Constitution, in Article I, Section 8, empowers Congress to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” [Emphasis mine.]

These ever-increasing terms have the effect that media conglomerates have developed a sense of entitlement towards intellectual property, even when it’s not warranted.

Back in the 1980s, when I used to buy and sell comic books, Marvel Comics had this lovely line called EPIC. It was a place that creator-owned work, comic art NOT owned by Marvel Comics, as well as selected other items, could be published.

One of the products was called Starstruck, created by Michael William Kaluta and Elaine Lee, based on Lee’s 1980 play. Starstruck the comic book, which I used to collect, was subsequently published by other comic book companies.

This fall, Marvel’s parent company, Disney, sent Lee and Kaluta a cease and desist letter regarding Starstruck, which Marvel DID NOT and DOES NOT OWN. Fortunately, Kaluta had all the pertinent paperwork from nearly three decades ago. Possibly because of the bad publicity, on Facebook, at the Bleeding Cool forum, and elsewhere, Disney quickly recanted on its legal claim, acknowledging Lee and Kaluta’s ownership.

This is just one reason I vigorously oppose the proposed “Six Strike” copyright punishment system, in which ISPs, acting as cops, “voluntarily agree to penalize their customers if the entertainment industry ACCUSES them of piracy. As shown, entertainment media have been known to claim copyright for items they do not actually own.

The Starstruck incident scare tactics may have arisen because the work is now over 30 yrs old. There is a way for people who created “work for hire” to reclaim copyright after 35 years.

Does Sony Pictures own your art portfolio? Good question; apparently so. The agreement one signs “states that Sony takes ownership of your portfolio material when you apply for the job. If you are submitting samples of work you have done for other companies, Sony wants you to assign the rights to them. You clearly don’t have the authority to do that for work you don’t own, so that means that you are not legally allowed to show Sony the work you’ve done for other companies… What’s clearly disturbing though, is that any original work in your portfolio becomes their property. This does not depend on whether they hire you or not, they get ownership because you applied.”
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In another bit of corporate excess: Why Are Dead People Liking Stuff On Facebook?

(Thanks to Stephen Bissette’s Facebook page, which contained some of these links.)

VOTE Tuesday, America…even if it’s for Blutarsky

If you want to make a statement, vote. Vote for every office, even in those races where there is a candidate running unopposed.

I am always feeling a bit conflicted around Election Day. From a partisan point of view, I want people to vote for MY candidates, which means I’d prefer that supporters of opposing candidates would stay home.

On the other hand, I truly believe that the right to vote is far too precious not to exercise. After the Bill of Rights, there are only 17 amendments to the Constitution, and two of them, regarding Prohibition, cancel each other out. This means at least 1/3 of these amendments specifically address voting.

I know a lot of folks who have said to me that they don’t vote because it doesn’t matter, or because it encourages “them”, i.e., the politicians. Or worse, they don’t vote, because “they” will see it as a protest vote. Please allow me to set you straight; “they” don’t care. “They” see your uncast ballot as a sign of laziness or indifference.

If you want to make a statement, vote. Vote for every office, ~~even~~ especially in those races where there is a candidate running unopposed. Ever since we’ve gotten our new ballot machines in this part of upstate New York, I have realized that it is MUCH easier to cast a write-in vote.

Consider if you will, John “Bluto” Blutarsky. He had the lowest grade point average at his Faber College fraternity, Delta House, with a 0.0. Yet he went on to become a U.S. Senator. He is no more lamebrained than that Republican state representative from Arkansas who asserted that slavery was a “blessing in disguise”.

So vote. Vote in all races. Vote for my candidates if you would. Vote for third party candidates, if you must. And if you have some folks running unopposed, write in someone. Even Bluto Blutarsky, who you can see in this classic (NSFW) video.
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OH, the FUN Elections can Occupy in Classrooms: Overview of Awesome Ideas and Websites

Religious Freedom and the Presidential Election

An odd Quora question: 2012 U.S. Presidential Election: Do you think President Obama truly wants a second term, or is he just running because he feels like it’s his duty to keep the presidency in Democratic hands?

You say it’s in the Constitution: your most/least favorite Supreme Court decisions

I believe Bush v Gore signaled, for some people, the beginning of the end of the Supreme Court as a deliberative body and the perception, true or not, as another political operation.

For Constitution Day:

I recall that, four years ago, Sarah Palin, who was running for Vice President of the United States on the Republican line, could only name one Supreme Court case she disagreed with. ABC News came up with 24 Supreme Court Cases Every Presidential Candidate Should Know and something called Ranker ranks the Most Controversial Supreme Court Cases. Palin named Roe v. Wade, regarding abortion, #1 on the Ranker list, #11 on ABC News’ mostly chronological roster. In that light:

What are your favorite Supreme Court rulings?

What are your least favorite Supreme Court rulings?

On my favored side has to be Gideon v. Wainwright, where the right to an attorney was affirmed (ABC #6); Miranda v. Arizona (ABC #9); Lawrence v. Texas (Ranker #4 ABC #18); and my all-time favorite, Loving v. Virginia (ABC #10), which I wrote about here, and elsewhere. What about Brown v Board of Education, (Ranker #2, ABC #5)? Important in the broad sweep of breaking down separate but equal, which had been codified in Plessy v Ferguson (Ranker #9, ABC #3), but the resegregation of public schools is mighty discouraging.

On the least favored side:
Citizens United (Ranker #6, ABC #8), which encouraged an outrageous amount of big money in the political process; Kelo v. City of New London (ABC #19), the wrong use of the eminent domain, in my view; and of course, the Dred Scott decision (Ranker #7, ABC #2). Bush v Gore (Ranker #2, ABC #16) holds a special place, though, for I believe it signaled, for some people, the beginning of the end of the Supreme Court as a deliberative body and the perception, true or not, as another political operation.
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Last year, in Newsweek, in a title changed to The GOP Candidates Read Wacky Books (they got rid of the Bizarro reference from the print version), Paul Begala wrote:

Which brings us to Rick Perry, who got a C in animal breeding at Texas A&M. He’s not a big reader. But he claims to have been influenced by The Five Thousand Year Leap: 28 Great Ideas That Changed the World by W. Cleon Skousen. Glenn Beck, who went from Fox News stardom to oblivion, has pushed Skousen’s book relentlessly. It is stridently anti-Washington, tracing the decline of federalism to the 17th Amendment, which allows citizens, rather than state legislatures, to choose senators. Skousen, a John Bircher, is so far right that even National Review’s Mark Hemingway has called him an “all-around nutjob.”

Mocking Religion

Not all speech is protected by the First Amendment. Is this merely art? Or is this yelling “fire” in a crowded movie theater, where the consequences of one’s action, chaos, was foreseeable?

The question on Facebook the other day, I’m only mildly paraphrasing: “Should the US government be condemning a movie” – we know which movie, I think – “to improve diplomatic relations?” For me, it’s an unequivocal “yes.” Not that the audience of Secretary of State Hillary Clinton’s denunciation really cares. They seem to be of the opinion that the United States should arrest the filmmakers, or worse.

This leads me to all sorts of further questions. Should a government official comment on art at all? I use the term “art” loosely. In 1992, Dan Quayle, then the Vice-President, complained that TV character, Murphy Brown, deliberately had a child out of wedlock. Should he have been allowed to do that? Indeed, there are devotees who believe Quayle was right. I say yes, he should have said it, though I disagreed with him.

(When controversial art is paid for, in part or in toto, with public money, that becomes a whole new level of controversy.)

Should the Innocence of Muslims filmmaker be arrested? The film trailer is certainly crude and vile, and misleading even to some of the actors in the film, who swear Mohammed wasn’t even mentioned by name in the copies of the script THEY read. Seems as though some sort of fraud has taken place, but I’m not a lawyer.

Not all speech is protected by the First Amendment. Is this merely art? Or is this yelling “fire” in a crowded movie theater, where the consequences of one’s action, chaos, was foreseeable? The Supreme Court case Brandenburg v. Ohio (1969) allows proscribing “speech” if it will incite imminent lawless action, such as riots. It would SEEM that the Danish cartoon situation of a half-decade ago would suggest that the film would be received badly. But could the filmmakers have foreseen such a violent outcome? Don’t know.

In any case, Nakoula Basseley Nakoula, the alleged filmmaker, who was convicted of bank fraud, could go back to jail because the terms of his release stipulated that he be barred from accessing the Internet or assuming aliases without the approval of his probation officer.

Should the sensitivities of religious folks be taken into consideration? I remember the uproar over the Monty Python comedy Life of Brian (1979) and Martin Scorsese The Last Temptation of Christ (1988), directed by Martin Scorcese (1988), not to mention Mel Gibson’s The Passion of the Christ (2004). All appear on a list of The 50 most controversial movies ever, at #14, #1, and #20, respectively. I’ve only seen Brian, which I personally found uproariously funny, not to mention clearly NOT speaking about Jesus. Didn’t see the other two, but I think people, including politicians, can express their dismay without banning them outright.

And not so incidentally, I think artists should be able to make political statements, whether it be Barbra Streisand or Toby Keith. If people are annoyed by them and decide not to buy their albums, see their films, etc., that’s the way the marketplace works.

If this is more rambling than usual, blame Facebook.

August Rambling: Punctuation, Crowdfunding

As someone who has funded a dozen Kickstarter projects, I recognize the insight.

Listen to the KunstlerCast podcast #212: Health & Technology Update. James Howard Kunstler gives listeners an update on his recent health issues, and discusses the importance of advocating for oneself when dealing with medical professionals, rather than taking their word for it.

Keyboard Waffles. (But if they were REAL nerds, they would have spelled nerd’s correctly!)

My favorite new blog: Grammarly, from which the accompanying graphic was purloined. I’m also fond of this description about an English professor who wanted students to punctuate this sentence: A woman without her man is nothing.
The men wrote: A woman, without her man, is nothing.
The women wrote: A woman: without her, man is nothing.

26 Indispensable Writing Tips From Famous Authors.

That’s Progressive, Charlie Brown: On Schulz, LGBT Issues and Integrity.

Arthur links to The Lion and the Mouse II: This Time, It’s Personal,, an interesting essay about “Christian bashing” and LGBT acceptance.

Racialicious Crush Of The Week: George Takei.

Paul Rapp, in writing about Pussy Riot and Julian Assange, notes: “Newspapers used to be the vanguard, the line of defense against any incursions to the freedom of speech. Or at least they pretended to be. They printed stuff they weren’t supposed to, they challenged authority and corporate power, they called out politicians who lied. Newspapers had our back. No more.”

SO BUTTONS: SO MIGHTY a true story by Jonathan Baylis, with art by Fred Hembeck, about Jack Kirby, John Romita, and Thor.

Muppet Thor.

Kevin Marshall believes That botched painting of Jesus Christ is art in its purest form. And maybe it is; it’s generated its own Tumblr page, Beast-Jesus Restoration Society.

Fractured fairy tales.

Saturday morning nostalgia of the 1970s

Someone I know sent me this edition of the comic strip One Big Happy Family. Actually, I have a MUCH better percentage.

Here’s an article about crowdfunding. Even though the topic is Role Playing Games, and I’m not a participant in that world, I thought the discussion about why people do or do not choose to fund a project is right on. As someone who has funded a dozen Kickstarter projects, I recognize the insight.

Saying ‘please’ in restaurants – US v UK, with a link to Lynneguist’s TEDx talk .

A Date With a Countess.

Mary Ann Cotton, Britain’s first recognised serial killer.

I woke up on August 20 to discover that actor William Windom, singer Scott McKenzie and director Tony Scott had all died; my wife had no idea who any of them were, the problem of having a child bride. Here’s Mark Evanier on Windom, though he doesn’t mention either The Farmer’s Daughter or Murder, She Wrote; and Dustbury on McKenzie, who performed one of the most famous songs about San Francisco. The Wife actually has seen some Tony Scott pics, including Unstoppable with Denzel Washington; my favorite of his films is Crimson Tide, also with Denzel. At least she knew who Phyllis Diller was. Thom Wade on Scott and Diller. Also, SamuraiFrog on Muppeteer Jerry Nelson, and more on Joe Kubert by Steve Bissette.

Dinosaur poems, including one by Carl Sandburg.

Status of the Shark Infographic.

Binghamton addresses urban farming, a story featuring friends of mine.

The Doors Sing “Reading Rainbow” Theme (Jimmy Fallon as Jim Morrison).

Take that, Nazi scum! How Moses became ‘Superman’ and other exciting tales from the annals of comic books, a Jewish-American art form.

FROM MY OTHER BLOGS

“Smalbany” is not a pejorative term to me – which was printed in the paper in toto
Nicknames for Albany: “Allah Born” and “The 518″
Let me see your reading list – sorry, not available
Chuck Schumer should can the Yenta/Michael Scott schtick