New $ for Visual Artists?

The United States Copyright Office has recommended to the U.S. Congress that it reconsider its copyright laws so that visual artists can benefit from the resale of their work.

Visual artists typically do not share in the long-term financial success of their works because works of visual art are produced singularly and valued for their scarcity, unlike books, films, and songs, which are produced and distributed in multiple copies to consumers. Consequently, in many, if not most instances, only the initial sale of a work of visual art inures to the benefit of the artist and it is collectors and other purchasers who reap any increase in that work’s value over time. Today more than seventy foreign countries – twice as many as in 1992 – have enacted a resale royalty provision of some sort to address this perceived inequity.

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That said, the issues are as complex as the art market itself. We believe that Congress may want to consider a resale royalty, as well as a number of possible alternative or complementary options for supporting visual artists, within the broader context of industry norms, market practices, and other pertinent data. …

Although the Internet has provided artists with greater opportunities to exploit derivative images and/or sell mass-produced copies of their works, stakeholders agree that “for most visual artists . . . the amounts involved in reproduction or representation are generally insignificant.” Indeed, it appears to be common ground that reproduction rights represent a “very minor aspect of [most artists’] careers” and that the first sale of a work is “the main or exclusive source of income for almost all American artists.”

(Image by Bob Basil)

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LinkedIn

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Again I agree with Clarissa, one of my favourite bloggers:

It is shocking that this completely idiotic piece on LinkedIn [“All Linked Up with Nowhere to Go,” by Amy Friedman] has been declared one of the best pieces of business journalism in 2013. These days, the way to get hits, likes, pageviews and awards is by declaring that everything sucks, any effort or activity is useless, and the best thing one can do is to avoid even trying to do anything. Except read defeatist, wallowing articles, of course.

Several friends and colleagues of mine have found excellent, exciting new gigs via LinkedIn. Its discussion groups have been absolutely vital to me as a teacher of digital and social media. And it was via LinkedIn that I became reacquainted with the woman who has become the love of my life.

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“Undermining Infrastructure at the Core”

Our friends at Sophos have issued their Security Threat Report 2014.  The entire report is necessary, sometimes grim reading. Here are two “trends to watch”:

Attacks on corporate and personal data in the cloud: As businesses increasingly rely on various cloud services for managing their customer data, internal project plans and financial assets, we expect to see an emergence of attacks targeting endpoints, mobile devices and credentials as means to gaining access to corporate or personal clouds.

It’s hard to predict what form future attacks will take—but we can imagine ransomware taking hostage not just your local documents, but any type of cloud-hosted data. These attacks may not require data encryption and could take the form of blackmail—threats of going public with your confidential data. Strong password and cloud data access policies are more important than ever. Your security is only as good as your weakest point, in many cases your Windows endpoint and your users’ awareness.

Undermining hardware, infrastructure and software at the core: The revelations throughout 2013 of government agency spying and backdoors (not only by governments, but also commercial organizations) showed the world that broad-scale compromise of the core infrastructure we all operate on is not only possible, but happening. We’ll need to re-evaluate technologies and trusted parties. The discoveries so far likely only scratch the surface and we can expect to see many more of these stories in 2014. Most enterprises won’t have the resources or skills to go digging for backdoors. But it would be wise to closely monitor the work of security researchers and media outlets for new revelations.

On this latter trend, the wonderful editorial cartoonist Tom Tomorrow was prophetic. The cartoon below is from 1994:

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A Generation of Mentors

It’s hard for me to re-read KPMG‘s October report “BC Junior Mining at a Crossroads,” commissioned by the BC Securities Commission, without feeling not just loss but what will be lost. The report’s findings echo the lamentations of my friends and former colleagues who run or rely on public companies in the natural resources sector: This is the worst downturn ever; there is almost no money to be had; the senior mining firms have abandoned the junior companies, as have younger investors.

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The report’s language is succinct:

– Less money is currently being put into exploration or the necessary studies needed to move a project forward (for financing or development). Much of the funding raised is survival capital, i.e., being used to keep the company operational until such times as the market returns.

– As stock prices have dropped significantly and the market appetite for Juniors has lessened, it has become increasingly difficult and less attractive to raise funds through public offerings. The dilution factor is a major concern of most of the Juniors, as they do not see the upside of
significant dilution of ownership.

– There was some sentiment amongst the Juniors that until the Seniors show consecutive quarters of profits without further write-downs of “toxic” assets on their balance sheets, junior mining company projects will not be of interest to the Seniors. Until stock prices rise and investment returns to the Seniors, Juniors will continue to have a problem raising money.

– The competition for investment capital has become more intense, and Juniors stand to be less competitive than many sectors because of their risky nature and the longer term required for return on investment, if any.

– As a result, many Juniors have chosen to go into a survival mode instead, until the markets become more favourable and interested in mineral exploration investments. However survival is still not cheap. Maintaining a listing and other administrative requirements can cost from $75,000 to $150,000 per year, depending on the circumstances of the company. Many Juniors only have $100,000 in cash available and will only be able to survive another year or so.

When these Juniors disappear, their management, geologists, geophysicists, and technicians will need to find new lines of work. So will their corporate communications and investor relations officers.

Indeed, these latter are often the first to go when funding’s gone. At least these people, though, have skills and experience that transfer relatively easily across sectors of service and commerce – from retail to not-for profits, from education to government – and across lines on a map.

Whither the geophysicists and their high-end colleagues?

I don’t fear for their economic survival; they are super-smart and resilient folk; they will make it, somehow, but elsewhere, away from Canada’s once exalted mining industry. My fear is that they won’t come back when the Junior market does, however many years that this will take.

And then who will mentor BCIT’s newly minted geotechnicians and UBC’s young geologists, guiding them in the field, fostering their laboratory acumen, keeping them safe, and supporting them with continual education and feedback? How will this new generation fare when their mentors are elsewhere?

(photo of Granville Street, Vancouver, by Bob Basil)

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Vancouver’s Commonweal

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In North America it is Canada’s decided, tenacious commonweal that sets it apart. We look after one another more often than not, and less out of zeal than out of habit and good sense.

A city’s public library is a testament to its commonweal.

I was delighted but not surprised, then, when I read that Vancouver’s public library had been named the world’s best city library (tied with the Bibliothèques Montréal), ranking very high in digital / social media resources as well as in physical spaces, collections, and services.

The library has a good twitter feed.

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You talk just fine?

When teaching oral communications to my students, I don’t feel comfortable critiquing those who speak in “uptalk,” that habit of ending sentences with a rising inflection so that declarative sentences sometimes seem to sound like questions. To me that would be like asking people to change their maritime or southern accents: snobby and obnoxious.

At any rate, the folk at Language Log are on the case. It turns out that research has shown “uptalkers” up their talk earlier and higher in sentences when they are asking questions than when they are making statements.

That is, a good listener should be able to de-code uptalkers’ tones successfully.

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“More bad writing” …

… presented courtesy of our friend Jonathan Mayhew’s superb blog, Stupid Motivational Tricks: Scholarly Writing and How to Get It Done.” It is a lovely post that ends with this poignant sentence: “There are more objectionable sentences here that I am not quoting.”

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Changing Norms

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Reuben Fischer-Baum of Jezebel has made a wonderfully entertaining GIF that presents six decades of the most popular names for girls, “state by state.” He writes:

Baby naming generally follows a consistent cycle: A name springs up in some region of the U.S.—”Ashley” in the South, “Emily” in the Northeast—sweeps over the country, and falls out of favor nearly as quickly. The big exception to these baby booms and busts is “Jennifer”, which absolutely dominates America for a decade-and-a-half. If you’re named Jennifer and you were born between 1970 and 1984, don’t worry! I’m sure you have a totally cool, unique middle name.

Notably, the recession seems to have put a temporary damper on creative baby naming. In 2007, eight different baby names made the map—including less-traditional names like Addison, Ava, and Madison—and all carried at least two states. By 2012 the map has just five names, and 47 states went with either “Sophia” or “Emma.” A yearning for simpler times?

The fine folk at Language Log dig into the data with their typical, amusing obsessiveness.

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The copyright robots

There is a wonderful story on NPR this morning, “Record Company Picks Fight – With the Wrong Guy,” about Harvard Law Professor Lawrence Lessig, who was threatened by an Australian record label called Liberation Music with a copyright-infringement lawsuit after he posted a “remix” of one of that label’s songs on YouTube. Lessig happens to teach copyright law, alas, and has fought back against the perhaps inappropriately named music company using an ingenious argument.

Lessig knew he had a legal right to publish these remixes online as part of the “fair use” laws that govern copyright permissions in much of the world. “If I’m using [the remix] for purposes of critique, then I can use if even if I don’t have permission of the original copyright owner,” he says.

From the NPR story: “Lessig decided to invoke another part of the copyright law, ‘which basically polices bad-faith lawsuits’ — threats made fraudulently or without proper basis. Lessig is suing Liberation Music because he wants labels to stop relying on automated systems to send out takedown notices.

“What we’ve got is this computerized system threatening people about content that’s on the Web, much of it legally on the Web,” Lessig says. The problem, he says, is the impact: “what we think of as a very significant chilling of completely legitimate and protected speech.” Lessig hopes his suit will set a precedent that will persuade copyright holders to put human beings who know the law back into the equation.

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Mediation and Mindfulness

We chose to name this initiative No Contest Communications to highlight our vision of the collaborative workplace, where feedback is gratefully welcomed and usefully shared. Communication and imagination shouldn’t be contests. Conflict is inevitable, though, of course. When people within an organization cannot resolve a conflict on their own, a good mediator can work magic.

The website Mediate.com is a wonderful resource of news, opinion, video, and professional-development opportunities for mediators and arbitrators. But anybody who wants to understand conflict resolution better will find lots of valuable material here, too. In this new video, Mediation and Mindfully Getting in the Middle, Brad Heckman, the Chief Executive Officer of the New York Peace Institute, points out that “We don’t know what we think we know about parties in conflict.” We must “dare to be dumb” and ask open-ended questions without making assumptions, and then the people before us can really appear. Brad Heckman

This is a form of active humility that I try to teach my students and to practice myself. Often it’s hard. I like how Mediate.com blogger Tammy Lenski puts it: “It is a life of supreme joy and of profound despair, of laughter and of tears, of self-satisfaction and self-flagellation. It throws you curves when you’re too sure of yourself and hope when you begin to doubt.”

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