Tag: copyright

Reading Around on June 15th

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Some additional reading June 15th from 08:19 to 13:13:

  • Et Tu Google – Pay the artist, simple as that. “So, one of the things I hear constantly from my wife is her…annoyance at people who think they can get weeks of work out of her, but in lieu of cash, they’ll give her “exposure”.”Exposure” is a barely nicer way of saying “I’m not paying shit for your work, but maybe someone who isn’t a cheap douchebag will see your art and throw you a bone. Besides, aren’t artists against money?“
  • Oklahoma Highway Patrol finally releases video of trooper attack on paramedic – Before the encounter is over, [Officer ] Martin has assaulted the paramedic, frightened the patient, and created a neighborhood scene that is so unprofessional that it’s just about unbelievable. Enraged, he calls for backup, repeatedly threatens the unit’s operators, curses, chokes and slams White up against the ambulance several times–an action the patient later said rocked the unit, frightening her. He also keeps screaming “you insulted me.” The trooper later says that Franks made an obscene hand gesture as Martin passed the ambulance, a charge Franks denies. Martin plans a press conference on Monday, according to Fox 23. Martin, who had his wife in the patrol car with him for an as-yet unknown reason, later declared that he’d recently come back from service in Iraq

  • Troubleshoot your Internet connection – some good tips
  • Q and A: eMusic CEO Explains Controversial Price Increase, Sony Deal | Epicenter | Wired.com – “artists with albums soon to be sold on eMusic as part of the deal include Captain Beefheart, Black Rebel Motorcycle Club, Kate Bush, Miles Davis, The Clash, Miles Davis, Franz Ferdinand, Robert Johnson, Kings of Leon, Modest Mouse, Psychedelic Furs, Lou Reed, Patti Smith, Spiritualized and the Stone Roses”

Reading Around on June 3rd through June 6th

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A few interesting links collected June 3rd through June 6th:

  • Paying For Coffee by digby This post… – Those coffees and the Lincoln Bedroom were among the stupidest of the Clinton scandals — The DOJ said that the two events were unrelated, but that’s very hard to believe. If you were around during that time, we were in the grip of an hysteria not sen since the Salem Witch Trials. As far as the Village was concerned those coffees were worse than Watergate. I don’t believe for a minute that that the withdrawal of Tiller’s protective service was related. The prevailing narrative was that anyone who contributed to Clinton and attended those coffees had no legitimate claim to government services. It was automatically corrupt.

    You can’t blame Tiller’s assassination on this, of course. It was over ten years ago. But it underscores the fact that the culture wars are inherently political and that you can’t separate the conservative movement from the fringe. It’s a seamless system.

  • MenuPages Blog :: Chicago: Kevin Pang And The Infinite List Of Dick Jokes – [Pictured: Not the penis pho at Tank Noodle; rather #47; swanksalot / Flickr]

  • Pho - Number 47 and Rice Number 125

  • Thomas lawyer: court must ban all MediaSentry evidence – Ars Technica – “MediaSentry found Jammie by (1) using KaZaA to request a file transfer from Jammie’s computer to a MediaSentry computer; (2) using a separate program or programs to intercept the Internet packets being sent from Jammie’s computer to the MediaSentry computer as a result of this request; (3) reading the IP address of Jammie’s computer from these packets; and (4) tracing this IP address back to Jammie. This kind of investigation of network traffic is lawful only after certain procedures are followed: when there is prior approval by a court and when the person conducting the investigation is properly licensed. When these procedures are not followed, such investigation constitutes criminal wiretapping and the illegal collection of evidence by an unlicensed private investigator.”

Sky Ride Tap Redux

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Sky Ride Tap Redux
Sky Ride Tap Redux, originally uploaded by swanksalot.

not much better than the first attempt, unfortunately. Hard to get good light as the bar is under the Loop El tracks

centerstage.net/bars/sky-ride-tap.html

Today I received an email that read:


“you have a picture posted of the sky ride bar located on van buren. my husband is in that picture, and wants to be removed”

I responded:
sure, for $50,000 I’ll airbrush him off the public sidewalk.

As far as I know, photographs of people on sidewalks don’t require model releases, especially if there is more than one person in the shot. The email writer didn’t specify which one was her husband – 33.33 percent chance of guessing correctly. Maybe he was supposed to be at work at the time? (If my EXIF data is correct, I took the photo at 2:40 in the afternoon.)

If she pays me $10,000 I’ll put a black line over one of the guy’s face, $25,000 special for all three – and the pigeon included no extra charge.

Got a good laugh at the ridiculousness of it.

Reading Around on June 2nd

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Some additional reading June 2nd from 10:55 to 18:58:

  • Craigslist’s Forced Censorship of Erotic Ads Saves Journalism Industry | Threat Level | Wired.com – Craigslist’s new policy barring the publication of erotic ads has not only saved lives and stopped prostitution, it’s also saving the dying newspaper industry.

    After the site announced last month under pressure that it would no longer publish erotic ads, sales of erotic ads in local alternative weekly newspapers have soared, according to the Washington City Paper.

  • Good Luck With That – “There are commercial websites, not even bloggers, necessarily,” Bridis added, “that take some of our best AP stories, and rewrite them with a word or two here, and say ‘the Associated Press has reported, the AP said, the AP said.’ That’s not fair. We pay our reporters. We set up the bureaus that are very expensive to run, and, you know, if they want to report what the AP is reporting they either need to buy the service or they need to staff their own bureaus.”

    Bridis did acknowledge the importance of fair use. “Because we do it too, necessarily,” the AP news editor conceded. “If the New York Times has a story, we may take an element of it and attribute it to the Times and build a story around it.”

  • Marilyn Monroe – MARILYN: Never-Published Photos – LIFE – August 1950: A 24-year-old Marilyn, wearing a simple button-down shirt monogrammed with her initials, leans against a tree in Los Angeles’ Griffith Park for LIFE photographer Ed Clark. The negatives for these photos were recently discovered during our ongoing effort to digitize LIFE’s immense and storied photo archive, including outtakes and entire shoots that never saw the light of day. Click through to see more stunning shots of Marilyn, plus the reason why they may never have been published…

Yalta Meeting of Top Newspaper Publishers

Seth Anderson0 comment

Interesting, and amusingly clandestine.

Pippen Peruses the Newspaper

[quote]

Here’s a story the newspaper industry’s upper echelon apparently kept from its anxious newsrooms: A discreet Thursday meeting in Chicago about their future.

“Models to Monetize Content” is the subject of a gathering at a hotel which is actually located in drab and sterile suburban Rosemont, Illinois; slabs of concrete, exhibition halls and mostly chain restaurants, whose prime reason for being is O’Hare International Airport. It’s perfect for quickie, in-and-out conclaves.

There’s no mention on its website but the Newspaper Association of America, the industry trade group, has assembled top executives of the New York Times, Gannett, E. W. Scripps, Advance Publications, McClatchy, Hearst Newspapers, MediaNews Group, the Associated Press, Philadelphia Media Holdings, Lee Enterprises and Freedom Communication Inc., among more than two dozen in all. A longtime industry chum, consultant Barbara Cohen, “will facilitate the meeting.”

[Click to continue reading Shhhh. Newspaper Publishers Are Quietly Holding a Very, Very Important Conclave Today. Will You Soon Be Paying for Online Content? – James Warren]

Hope somebody surreptitiously videotapes the conference and posts it to Google’s YouTube.

Thursday begins with a quick declaration of goals at 8 a.m., then an 8:10 a.m. session labeled, “Fair Syndication Consortium/Attributor.” It’s described as a “presentation on technology/service to track content on the Web and to extract payments from third-parties and ad networks that have appropriated newspaper content.”

…

That first session is followed by “Journalism Online: Presentation on proposed service to charge for access to newspaper content and to license that content that (sic) online aggregators” (the assistance of at least one of the many copy editors sent packing by the attendees might have been sought).

That presentation would seem quite important, with many conflicting ideas floating about whether charging will work and how to even try. The stark reality is that the industry will have to soon start demanding payment for at least some of its online handiwork.

Changes are afoot, undoubtedly.

Broadcast plagiarism is standard procedure

Seth Anderson0 comment

I studiously avoid receiving any news from television broadcasts or radio shows, but in my limited experience, the plagiarism discussed by Linda Thomas is a long-standing issue. Of course, some print journalists routinely steal from blogs as well.

Lonely Zenith

A newspaper reporter would be fired or suspended for something TV and radio reporters do quite often.

Print journalists consider it plagiarism. Broadcasters call it a “rewrite.”

Here’s how it works in nearly every news market in the country. Print reporters do research and interviews for a story that ends up being about 800 words or so. Broadcasters rewrite and condense the paper’s story to around 50 words – sometimes adding their own audio or video – then present it as their own.

[Click to continue reading Broadcast plagiarism]

Too much of broadcast journalism reporting directly lifts from print media: and especially now when so much of print media is in danger of vanishing, wonder what would happen if trends continue like this. If the print media vanishes, how will the lazy broadcasters survive?

Reading Around on May 11th through May 12th

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A few interesting links collected May 11th through May 12th:

  • Du laisser-faire à la loi : ce que font les autres pays pour lutter contre le piratage – Politique – Le Monde.fr – French newspaper Le Monde republished a photo of mine. Wonder what the article is about?
    FlickR/swanksalot
    Les eurodéputés ont pris le contre-pied du projet de loi français en confirmant, mercredi 6 mai, leur opposition à toute coupure de l'accès internet décidée par une autorité administrative.
  • Jesse Ventura: You Give Me a Water Board, Dick Cheney and One Hour, and I'll Have Him Confess to the Sharon Tate Murders | Video Cafe – I'm bothered over Guantanamo because it seems we have created our own Hanoi Hilton. We can live with that? I have a problem. I will criticize President Obama on this level; it's a good thing I'm not president because I would prosecute every person that was involved in that torture. I would prosecute the people that did it. I would prosecute the people that ordered it. Because torture is against the law. (KING: You were a Navy SEAL.)
    That's right. I was water boarded, so I know — at SERE School, Survival Escape Resistance Evasion. It was a required school you had to go to prior to going into the combat zone, which in my era was Vietnam. All of us had to go there. We were all, in essence — every one of us was water boarded. It is torture.

    It's drowning. It gives you the complete sensation that you are drowning. It is no good, because you — I'll put it to you this way, you give me a water board, Dick Cheney and one hour, and I'll have him confess to the Sharon Tate murders.

  • Burning and Dodging with Adjustment Layers – "Burning & Dodging With Adjustment Layers And Masks"

    a useful little tutorial

Reading Around on April 26th

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Some additional reading April 26th from 07:43 to 20:01:

  • Feel the Fear and Do It Anyway (or, the Privatization of the English Language) | Zen Habits – "Her lawyers asked me to insert the (R) symbol after the phrase, in my post, and add this sentence: “This is the registered trademark of Susan Jeffers, Ph.D. and is used with her permission.”
    Yeah. I’m not gonna do that.
    I find it unbelievable that a common phrase (that was used way before it was the title of any book) can be trademarked. We’re not talking about the names of products … we’re talking about the English language. You know, the words many of us use for such things as … talking, and writing, and general communication? Perhaps I’m a little behind the times, but is it really possible to claim whole chunks of the language, and force people to get permission to use the language, just in everyday speech?"
  • Democracy Now! | Flashback: A Look Back at the Church Committee's Investigation into CIA, FBI Misuse of Power – "We take a look at one of the most famous special Senate investigations of government misconduct. In the mid-1970s, a US Senate committee chaired by Democratic Senator Frank Church of Idaho conducted a massive investigation of the CIA and FBI’s misuse of power at home and abroad. The multi-year investigation examined domestic spying, the CIA’s attempts to assassinate foreign leaders, the FBI and CIA’s efforts to infiltrate and disrupt leftist organizations, and more. We speak with Sen. Frank Church’s widow, Bethine Church, and Frederick A.O. Schwarz, Jr., who served as chief counsel to the Church Committee"
  • A Guide to Beating the Fears That Are Holding You Back | Zen Habits – "Just got a copyright infring. notice from lawyers of author Susan Jeffers, bec I used the phrase "feel the fear & do it anyway" in a post."
    Some moronic author, Susan Jeffers is asserting copyright claim to this phrase, and sending threatening letters to my cousin Leo, who used these words in a blog post. Come on, get real. Hasn't she (or her lawyers) heard of the phrase, "everything that has been said has been said before". There are only 26 letters in the alphabet – phrases can't be copyrightable.
  • Que reste-il de Kurt Cobain ? | Rue89 – my photo of Kurt Cobain graffiti used (with poor link/credit, but I'm working on that)

Reading Around on April 12th through April 14th

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A few interesting links collected April 12th through April 14th:

  • Adventures In Foodie Land: darkness, lasers, ninjas, and child labor » NileGuidance: A Travel Blog – “Moto: In Chicago, the epicenter of the molecular gastronomy, Moto is the place to go for an adventure in food technology and what even qualifies as ‘food.’ Listed on the edible(!) menu are post-modern, multi-sensory concoctions by chef Homaro Cantu using mediums such as liquid nitrogen and Class IV lasers. Chili-Cheese Nachos as a dessert, made with chocolate and flash-frozen mango? Sounds like an adventure to me.”

    photo of swanksalot

  • The Inevitable Clash of Management and Unions | new curator – What’s the best way to diffuse a situation between the management of a museum and a union representing your disgruntled workers?

    Hint: Don’t go saying they give “the public sector a bad name”.

  • Can the Statusphere Save Journalism? – Recently, I enjoyed a refreshing and invigorating dinner with Walt Mossberg. While we casually discussed our most current endeavors and experiences, the discussion shifted to deep conversation about the future of journalism in the era of socialized media with one simple question, “are newspapers worth saving?”
    [photo by swanksalot]

Reading Around on April 9th through April 12th

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A few interesting links collected April 9th through April 12th:

  • Technic News » Can the Statusphere Save Journalism? – Recently, I enjoyed a refreshing and invigorating dinner with Walt Mossberg. While we casually discussed our most current endeavors and experiences, the discussion shifted to deep conversation about the future of journalism in the era of socialized media with one simple question, “are newspapers worth saving?”

    photo by swanksalot

  • Gapers Block : Mechanics : Chicago Politics – The Erosion of Daley and the Coward Defense – The excuse we always hear (off the record of course) from Aldermen, community groups, think tanks, and the rest, is that taking on the Mayor is just too darn scary. He’s too powerful. But what makes him powerful, like all bullies, is the constant refusal of anybody to stand up to him. And of course, it isn’t fear: its convenience. That whole “…but he’s our sonofabitch” mentality. We saw how well that worked with Augusto Pinochet and Saddam Hussein.
  • Washington Post Reporter Says It’s Not His Job to Check the Accuracy of People He’s Quoting – talk about stenography to the powerful. Why would anyone read the Washington Post with this sort of attitude towards politicians? Can just read press releases at the Senator’s website for all the good Paul Kane does.

    Pathetic. and this quote makes me laugh, perhaps not in the way Mr. Kane intends:
    Someone tell Media Matters to get over themselves and their overblown ego of righteousness.

Everything In Its Place

Reading Around on April 9th

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Some additional reading April 9th from 09:50 to 15:24:

  • Fair Use for Fair People – Anil Dash – “Both independent bloggers on the web and the Associated Press are in the news this week for asking for appropriate credit for their work when it’s excerpted for fair use by online news aggregators. But the web natives frame their argument in terms of respect for the reader and defending the credibility of the information being published, assuming correctly that their businesses will grow if they honor these principles. In contrast, the AP leads with its business argument first, establishing an atmosphere of legal threats and aggrieved arguments about licensing fees with no mention of what readers want, or what respect they have for the very stories they’re ostensibly fighting to present. “

  • Daring Fireball Linked List: Kottke on Extreme Borrowing – “And yes, this is yet another instance of me standing up and saying that I’m doing it right where others are doing it wrong, so suck it.“

    quoting myself (Twittered):
    I’ve had a blog nearly ten years, and visitors hardly ever click-thru to the original article. Like 1 in 10, or 1 in 20. I don’t know if the click-thru failure is a failure on my part (probably) or on the part of my visitors (maybe), but hasn’t changed w/ time. So when big-dog blogs like AllThingsDigital or HuffPo take 3 graphs from an indie blog, doubt much traffic gets generated to the indie blog. Of the last 100 visitors to my (tiny) blog, 3 clicked to another site (and 2 more clicked a photo, and one to an Amazon link).

  • Extreme borrowing in the blogosphere – “So I guess my question is: why is All Things Digital getting put through the wringer receiving scrutiny here for something that seems a lot more innocuous than what thousands of blogs are doing every day? Shouldn’t we be just as or more critical of sites like Huffington Post, Gawker, Apartment Therapy, Engadget, Boing Boing, Buzzfeed, Lifehacker, etc. etc. etc. that extensively excerpt and summarize?“
    More discussion (with interesting comments) of the All Things Digital mini-dustup which feeds into the whole copyright vs. blogosphere vs. corporate media discussion that is the story of 2009 so far.

  • Chicago Reader | FAIL: The Story of Chicago’s Parking Meter Lease Deal – How Mayor Daley and his crew hid their process from the public, ignored their own rules, railroaded the City Council, and screwed the taxpayers | By Ben Joravsky and Mick Dumke – “How Daley and his crew hid their process from the public, ignored their own rules, railroaded the City Council, and screwed the taxpayers on the parking meter lease deal“For me, am glad I hardly ever use meter parking (CTA, bike, walking are always better options), but I can see why folks are outraged.

Reading Around on April 6th through April 8th

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A few interesting links collected April 6th through April 8th:

  • Attribution and Affiliation on All Things Digital – Waxy.org – ” Also, where the source of the article is acknowledged, there’s no corresponding link to the page/URI to which it refers (something I’d regard as a convention that’s at least a decade old now). “

  • Roger Ebert’s Journal: Roger Ebert: April 2009 Archives – awesome remembrance of the long-ago vanished world of print journalism. “One of my editors at the Sun-Times once asked me, “Roger, is it true that they used to let reporters smoke at their desks?” This wasn’t asked yesterday; it must have been ten years ago. I realized then, although I’m only writing about it now, that a lifestyle had disappeared. “
  • Audio: Bob Dylan on Barack Obama, Ulysses Grant and American Civil War ghosts – Bill Flanagan: In that song Chicago After Dark were you thinking about the new President?Bob Dylan: Not really. It’s more about State Street and the wind off Lake Michigan and how sometimes we know people and we are no longer what we used to be to them. I was trying to go with some old time feeling that I had.

User Generated Theft

swanksalot8 Comments
Piney Woods TRI-X 400
Piney Woods TRI-X 400, originally uploaded by swanksalot.

outside of Leesville, LA

Republished with really lousy credit:

www.treehugger.com/files/2009/03/carbonfundorg-reforestat…

Discovery Communications, the parent of TreeHugger, market capitalization exceeding $2,000,000,000 apparently doesn’t mind bending the rules when it comes to User Generated Content. Flickr hosts my photographs, and has printed clear guidelines outlining what is acceptable usage:

Do link back to Flickr when you post your Flickr content elsewhere.

The Flickr service makes it possible to post content hosted on Flickr to outside web sites. However, pages on other web sites that display content hosted on flickr.com must provide a link from each photo or video back to its page on Flickr.

[From Flickr Community Guidelines]

TreeHugger downloaded my photograph from Flickr, stripped out the copyright information that was embedded in the photo, changed the photograph’s name, uploaded it to its own server, and added it to a blog post without linking back to the original photo1. Now this image has become public domain, available for anyone to download from TreeHugger’s high profile site, to use, sell, or whatever, without ever realizing where the image came from2.

I actually don’t usually mind my photos being used on other websites, as I say on my Flickr profile page, or else I wouldn’t bother to upload images anywhere on the internet in the first place. But multi-billion dollar corporations should try a little harder to respect the rights of the little guys.

Suppose I copied some content from the Discovery Channel, a documentary about American Loggers, for instance, and rebroadcasted it on my own television station, while putting a small on-screen title at the end of the broadcast saying, “all content originally created by the Discovery Channel“, I’d soon receive a sternly worded letter from their corporate attorneys. What rights do I have? What cause of action do I have? None, other than this whiney-ass blog post, and a big spit on the ground in TreeHugger’s direction.

Update, left this comment at TreeHugger

So I’m curious, why did you strip out all of the copyright metadata on my photo when you republished it, and why didn’t you follow the terms of use (which are simple: attribution, and link to the original photo). Is this TreeHugger policy? Discovery Communications policy? In effect, you have released my photo to the world as uncopyrighted, is that your intent? Would it bother TreeHugger/Discovery if I did the same with your work?

Curious as to your response, either here, or at my blog where I ask the same questions.

Update: 9:10 CST, TreeHugger didn’t publish my comment, just removed the photo. Now, they are stealing Brion V.’s photo, without a link to his photo page. Still scummy, but not my problem any more. Just wish I had bothered to take a screenshot of their theft before blogging about it. Remind me to steal as much TreeHugger and Discovery Channel material as possible before I die. Or get served with papers.

As twitter and Flickr pal Friendly_Joe suggested, I should still invoice TreeHugger for the time3 that my photo was on their site.

Footnotes:
  1. they did write below the image, Photo via: Swanksalot, but without a link to the photo they borrowed, or bothering to use my actual name. [↩]
  2. my trip to East Texas on a day when both of my grandfathers died [↩]
  3. somewhere in the neighborhood of 36 hours [↩]

Reading Around on February 26th

swanksalot0 comment

Some additional reading February 26th from 12:19 to 13:28:

  • Zulkey.com – Yo Dawg – The bright young minds over at 4chan established the format of 'Yo dawg, I heard you like X, so we put a X in your X so you can X while you X' and paired it with a funny picture of Xzibit … And so, a meme was born and it spread across the interwebs like herpes."

    To wit:

  • Chicago Public Radio Blog » Did MSNBC steal our story? | News and Notes from WBEZ – Then, MSNBC picked it up and reported nationally. But take a close look at how they provide the story. No links, very little attribution and essentially the full transcript lifted from our site. Interesting case study for the future of Journalism, ey? They will argue that they attributed to WBEZ in the lead, but who’s getting that traffic? And who’s getting that ad revenue from said traffic?

Reading Around on February 16th

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Some additional reading February 16th from 14:41 to 16:17:

  • U.S. Food Policy: Evidence on declining fruit and vegetable nutrient composition – found that fertilized plants contained larger absolute amounts of minerals than the unfertilized plants, but these amounts were sufficiently diluted by the increased dry matter that all mineral concentrations declined, except for phosphorus, which is the common fertilizer.

    Next, Davis looked at historical food composition data derived from three quantitative reports. While these studies are limited by their ability to be compared due to variation in methods, they found:

    apparent median declines of 5% to 40% or more in some minerals in groups of vegetables and perhaps fruits; one study also evaluated vitamins and protein with similar results.

  • I’m Done With Facebook : Edward Champion’s Reluctant Habits – But the Facebook language clearly dictates that you are giving Facebook an irrevocable and perpetual right to distribute and make derivative copies of content you upload to Facebook for any purpose. ANY. Whether it be a book, a film, or whatever other options Facebook may have cooked up. … (If you’ve already granted Facebook the irrevocable right to give up your content and likeness, then how can you still have “all rights and permissions?” Perhaps an IP attorney can sort out this thorny language.) Since Facebook has demonstrated no reservations in sharing private data with developers, the company’s history suggests that this same recurring invasion of privacy will carry forth under the new Terms of Service. The only difference is that Facebook now intends to profit from the content you upload, and they can now use it in any way they want, because you’ve capitulated all your rights to it.