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Orphan Works & the Dot EDUs

June 26th, 2008 at 07:47 am » Comments (2)

A GREAT DEAL has been said about the common good, but is that really true, I WONDER (but don’t really know…. yet)

Because I am tired of typing Museum, Library, licensed educational institution, let’s just call that group the “dot edu”.

HOW will this legislation effect these “dot edus”

Here are some passing thoughts, offered without benefit of researching. And perhaps influenced to heavily by repeated readings of Unintended Consequences…

1. If my understanding is correct, under current law, if sued, while they likely not be expected to pay damages because, for example some conscious stricken WWII Nazi War Criminal donated a Monet into the collection of the Guggenheim,

Further, the law would allow the Dot Edu to be awarded Court Costs, apparently no so under Orphan Works,
The Dot Edu *would* have to pay to defend itself if sued for the return of the item.

2. What about the Registries, OPPS, I Mean “DataBases”, won’t their collections need to be included?

Will you and I as tax payers be footing the bill for them to prepare and register what is in their collection?

3. Will there be any “Good for the Goose”

Meaning could these DataBases that are Registries by another name, not be used by those to whom items in a collection rightfully belong to make claims and institute suits for recovery of thier family heirlooms that were stolen in times of War

Or, is the “5-10 years” intended to allow for the natural elimination of those who might have the knowledge to reclaim their family’s heirlooms.

Will large institutions already mostly funded by the Government care about this, not really after all they work for the folks who can print money when the need it.

4. What about small community museums, the kind you find in millions of small town across the Americas, usually run by the local Historical Society more as a labor of love than with any real dollars,

How will they be effected?

And, why, does a bill purported to be about Orphan Works, not address these “protections” unless, of course, the bills are not really Orphan Works, but rather, Intellectual Property Hi-Jacks.

And, last but not least,

If first they came for Music, and because I do not sign, I did not help,

Then they came for personal liberty, but we all want to be secure in our Homeland don’t we

now they come for our Art and other Intellectual Property, ….

Exactly what will be next?

OWOH Widget







Orphan Works – NOW IS THE TIME

June 7th, 2008 at 08:30 am » Comments (0)

On Thursday evening, the Senate Bill was “hot Listed”. Apparently, I am now told by the VERY SAME PERSON who assured me Several Times this would NOT happen.

This means that the Senate’s Democratic Majority have agreed they will approve the bill.

Once that is done, no more cease and desist, no more injunctive relief, no more out of court settlements, just big bucks to fight drawn out court battles and
EVEN IF YOU WIN, you will have lost the $$$, because no court costs, the infringer will be able to continue using your work AND will be the one who decides how much they are willing to pay you for its continued use, although by then likely it won’t have much value and you won’t even be able to control how it used.

If this issue is important to you, please call your Senators & Members of Congress.

If it is not yet important to you, then I ask that you take a look at a PDF – One Page flow chart that shows what you need to NOW to protect your work and What you will need to do THEN if it is signed into law.

http://wheatcarr.com/Orphan_Works/OWOH-Now-Then.pdf

Obviously those Senators who view this as their legacy (Leahey) or who, like Howard Berman has now decided what he should tell Linn Singer (read his 2002-2003 testimony) when asked what Congress can do to protect working artists (nothing, just make it impossible for them to protect and control how their work is used.)

They have decided to sponsor a bill that creates appears to give Libraries, Museums and legitimate educational institutions what they already have,

And Grants A License to Steal to everyone else.

Its your future, make your own decisions.

Mine? I will actively work against ANY elected representative to ensure they will not have another chance to destroy my choice in how I can fairly earn my living and who choose to impose unfunded mandates that equate to taxing the Artists for their creativity.

Fortunately, like the staffers who are lawyers and will certainly have some excellent job prospects given the litigation this bill REQUIRES to settle any dispute (unlike now when one can easily and comparatively inexpensively get injunctive relief if a simple cease and desist fails) I do have other career options.

Do you? If not, then consider contacting your Senators and Congressman to
VOTE NO to the Orphan Work Acts before the Senate & Congress.

Wheat







Happy Birthday To Jennifer

August 10th, 2007 at 19:30 pm » Comments (0)


Happy Birthday To JD
Happy Birthday To JD
Happy Birrrrthday To Jenifer,


I promise not to mention the year –
but some of us do remember
better than others

Love You Pumpkin







Crocheters In The LYS

July 20th, 2007 at 00:06 am » Comments (3)

Crochet As The New Knitting –

Part III:
Crocheters In The Local Yarn Shop (LYS)

I do not (read Part IV next week) believe that Retailers should be totally left off the hook (pun intended) but your local shops are in many ways a partnership between the proprietor and the customer. IF you want a shop to be Crochet Friendly – well you have to support that by purchasing the products the sell at the price they can afford to offer them.

Shopping in an LYS does not make you a “YARN SNOB”, a term I find divisive and smacking annoyingly of “Have vs Have Nots”

It JUST Does Not Have To Be That Way. It does NOTHING to improve the craft or the industry.

I am NOT embarassed because I Crochet.

I don’t hide what I enjoy behind “fancy terms” like Fiber Artist.

Yarn choices for my business activities are often dictated by others. Yarn Choices for my personal projects are dictated by what I can afford and what will be suitable for the project.

I want Crochet to be accepted and respected –

That means I invest much thought in planning my projects, thinking about how the item will be used and what stitches and materials will give me the best result – including what yarns I can afford.

Each project deserves as the utmost care and pride in creativity and craftsmanship I can invest put into my work, the quality of the workmanship, the thought I give in planning each project -whether it is a garment for a beloved grand. child, an afghan or cap for charity

I also spend a fair amount of time helping other to improve the quality of their work without regard to what yarns they can afford.

In other words, I have enough respect for myself and my work to be secure in my accomplishments and see no need to be defensive about that work.

I am pleased to admit I can Knit, but …
I LOVE To Crochet
and in the words of that immortal 1970 movie:

Love means never having to say you’re sorry

Okay, I am not going to spend $100 on Buffalo Gold for a baby sweater. (adult is more like $300 much less what plus size will require) I can and do choose to spend an extra $10 for many of the Sirdar yarns or Kraemer’s Little Lehigh or Brown Sheep’s Cotton Fleece – although I hope to soon try Serendipity Tweed – They are well priced and better quality and offer good yardage – and will produce a product worth my time to make and the love with which it is given. There are other “Yarn Store Brands” that also offer quality product at a fair price.

If I cannot afford a certain yarn, then I do not rant on the Internet about unfair it is. I don’t abuse the shop staff about how they are “gouging me” – such rudeness is uncivil, impolite and embarrassing to all.

Nor, do I think it helps the image of Crochet when “professionals” create an unbusiness-like disturbance on the floor or a trade show… causing one retailer to comment (as I took her order for quality Crochet Patterns) “I am not really sure I want those kinds of people in my shop. We prefer to be welcoming not combative”. (Behavior that was commented on Other Retailers and well none of us were amuzed.)

No where in the Miranda decision did the court say “If you cannot afford higher priced goods, we will provide it for you”

If your funds are limited and you do not wish to limit your supplies so choose lower priced goods, that is your decision to make – and none of my business.

But if that is your situation, I decline to accept the concept that just because you want something you are entitled to have it. This is not food, medicine or shelter or legal representation in a court of law. Although it might be fun to try to convince the insurance companies to offer yarn and hooks instead of anti-depressants or other mind altering substances or local government to trade yarn for guns instead of cash to be spent on street drugs.

With rare exceptions, I have been treated like any other customer (good, bad or indifferent) even after I said I Crocheted – I have not been, and some stupid comment is made about Crochet I just look at them with a sad expression and say “I am so sorry you are so limited in your skills, it must be very difficult to own/work in a yarn store without the proper knowledge of how your products can be used…”

On the other hand, there has been a many a time when I wanted to take out a baseball bat our from under the cash drawer and knock the chip off the shoulder of the Crochet Only Customer. For goodness sakes, can you really blame the shop owner who prefers the customers who seem happy to be there over the ones who are only there to bargain hunt and STILL complain about the cost.

If Crocheters want better treatment in the LYS, they need to knock the chip off their shoulder, take pride in their choices and treat others the way they wish to be treated. Shop owners and their staff are human beings.

Courtesy & Respect are a Two Way Street.

Wheat

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Remember Me – the video by Lizzie Palmer

June 21st, 2007 at 00:00 am » Comments (1)
poppy.jpg

One of the most commonly asked questions for any one who does hand work, is WHY you do that.

The next time someone asks me WHY I donate to military support groups,

I will be pointing them to the bittersweet, but beautiful tribute created by Lizzie Palmer.

I don’t know who 15 year old Lizzie Palmer is, but I want to meet her. Heck I want to start a college fund for her,

Note, if you are even the tiniest bit emotional about those who serve, I suggest you grab a box of tissues first.

Wheat







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