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alloy-digest        Saturday, December 2 2000        Volume 05 : Number 290



                               Today's Subjects:
                               -----------------
  Alloy: somewhat *on* topic.. artist's rights  [Robin Thurlow <rthurlow@bin]
  Alloy: re yugoslavia and the music thing  ["Tim Hudson" <tim_hudson@zdneto]
  Re: Alloy: re yugoslavia and the music thing  [Robin Thurlow <rthurlow@bin]

----------------------------------------------------------------------

Date: Fri, 01 Dec 2000 09:50:48 -0500
From: Robin Thurlow <rthurlow@binghamton.edu>
Subject: Alloy: somewhat *on* topic.. artist's rights

In light of our previous discussions about copyright, publishing and
artists' rights, I thought this was relevant and might be of interest;
I'm sure it reflects what has gone on in the music industry for
decades.  The following is a post from a fellow subscriber to my Book
Arts list, Julie Sullivan:


"This post is slightly off the topic of book arts, but I think this
information may be beneficial to list subscribers that produce 2D
artwork for publishers and other commercial enterprises. It also
speaks to recent posts about artists feeling pressure to discount the
price of their work.

There is a trend in the publishing world to have illustrators,
photographers and graphic artists sign contracts that, in effect,
give away their work.

It works like this: When artists are contacted to produce editorial
imagery for publishers (news organizations, magazine conglomerates
such as Conde Nast and others), more often than not they have been
sent a blanket contract covering not only that one assignment, but
also past and all future assignments for that organization. The
contract then gives the publisher the right to license additional use
of the images that were purchased initially for one-time editorial
use in their publications. So, for example, a spot illustration for
which the publisher paid $200 five years ago, is digitally scanned
and becomes part of a stock art database that will continue to
produce revenue for many, many years to come.

These publishers are building up digital stock-art databases without
paying the artists a penny. These publishers then re-sell these
images for a profit. This practice is *legal* because there is a
signed contract. It is arguably unethical, in my opinion and that of
many others, as noted in two web sites below.

http://www.illustratorspartnership.com/3ipa.html
http://www.theispot.com

Not only are the artists being robbed of income, but these publishers
are practicing unfair competition with reputable stock art companies
that compensate their artists both in up-front fees and royalties
based on usage.

Freelance artists have traditionally been paid for art based on a
combination of "reach" (how many people will see it) and "usage"
(one-time or full-rights purchase.) For example, an illustration for
the New York Times Sunday edition (seen by millions) with full rights
purchased (NYT owns the art) would cost considerably more than art
created for the one-time use by a small-town weekly newspaper when
the artist retains the rights to the image. The contracts now offered
to artist negate the entire concept of paying for art based on reach
and usage - in addition to using art from the past that was paid for
based on reach and usage terms. The artists get the same amount of
money whether the image is used once or a thousand times, seen by 30
or 30,000, and can never use the image again for himself/herself or
another client.

My husband is a freelance illustrator and, in just the last year, has
been asked to sign this type of contract with The Dallas Morning
News, The Boston Globe, a sub-contracting agency to Warner Bros. and
by a small magazine publishing group. Each time he has either refused
to sign the contract, or amended the contract in such a manner to
protect himself against unauthorized---and unpaid---use of his images.

To be fair to The Dallas Morning News (my hometown paper)... their
legal department *tried* this tactic---asking artists to sign a
blanket contract that gave the news organization full rights to all
art ever created for them. The design staff was not in favor of the
tactic, but was obligated to contact artists. The DMN is a 20-year
client for my husband; can anyone imagine *giving away* a body of
work created over 20 years? He refused to sign, the DMN dropped the
issue and he continues to work for them.

The lesson for others from our experience is that artist *can* impact
the business world, and refuse to interact on unfair terms."

------------------------------

Date: Fri, 01 Dec 2000 17:52:49 +0000
From: "Tim Hudson" <tim_hudson@zdnetonebox.com>
Subject: Alloy: re yugoslavia and the music thing

A million appologies to all this is completely off topic but I just wanted
to get this off my chest and clarify my position: Its all about my feelings
regarding rascism - including my own experiences of being on the receiving
end of it. please just delete it if your not interested. Do read the
last few paragraphs at the end though about the aliens album.......

Hi,

RE: Yugoslavia
I was thinking about the Balkans when I made my remarks but didn't mention
them.  Our secreatry well - old secretary - Slobodanka Tomic came from
Sarajevo and I moved into her old flat when she moved across town here
in Lux.  It was tough coming into work the day that NATO started their
attacks.  The whole thing was so sad and I really dont want to say any
more about wars (honestly) other than when you see such tragic events
unfolding in Europe AGAIN you do wonder what the rest of the world must
think about us and our politics over here. 

Racism is and always was,  Europe's favourite pastime and thats what
I dislike.  As a Brit living abroad I get my fair share directed against
me too.  Matter of fact only this morning my neighbour who is Luxembourgish
gave me a bollocking [excuse my english]  because I parked my car 'again'
outside her house in the street and even though I am allowed to do this
she thinks she owns the road too !!  I'm sorry to say that I told her
that I had the right to park there and would continue to do so if I had
the chance!  [ You see how easy it is to get drawn in..] 

Even when I was a student at Edinburgh University in Scotland I once
had a woman in a junk shop who refused to sell me an old music stand
which had caught my eye.  She gave me a tirade of abuse complete with
swear words about English students who come and take Scottish University
places 'that should be for Scottish people'.  I am actually 3 quarters
English and one quarter Scottish [ my grandmother was born in Edinburgh].
 It was only when I spoke with my Southern Accent that she [the junkshop
owner] took a disliking to me.

Why can't we all just live together?

Without wishing to upset those who are anti the European Union - I respect
your views - I sometimes feel what we need is more integration not less.
 There is good and bad in all countries and in all people.  I try to
treat  all people equally but its human nature to make a stand and protect
yourself if you perceive that someone is in some way threatening or being
unreasonable with you.

The terrible irony of all this is - and it is truely a profound irony
- -  I now find myself getting really intolerant of racism and that in
itself can make you argue back and therein lies the dilemma.  When you
are a victim - do you take a stand and fight back or do you just ignore
it?   In some ways fighting back can just sustain and fuel the prejudice,
but then again theres prejudice and there is racism.  Its one thing for
your neighbours to object if they see 'their' street fill up with 'foreigners'
its quite another when your familly are rounded up segregated, murdered
and your house set on fire.

Its a question of how far the two are linked and how much you react.
If you put up with letting people vent their dislike at your nationality,
then there is the danger that such attitudes become acceptable and ingrained.
 Like the Taxi driver in Budapest who told me the city was beautiful,
but they were too many 'dirty' Romainians.  

You meet the same bigotry in all cities the world over and in all cultures.
 Its always been there.  Mans inhumanity to man. [reminds me of Aaron
Copeland].   Lets not forget my countries appauling role in shipping
slaves to the US.  

I dont want to get all PC. Polictically Correct here but this is why
we need 'democracy' and we need open and effective government with a
respect for basic human rights.

There is a song by the Manic Street Preachers  

"If you tolerate this - then you're children will be next"

I honestly dont know what the answer is to end this 'us' and 'them'
attitude to life.  I have never been to America but it was always supposed
to be such a mixture of cultures and nationalities.  Maybe things are
better there?

MUSIC MUSIC MUSIC

Re the music: I have been using Steinbergs Pro 24 since 1991 and have
the MIDI thing sorted except for SYSEX dumps to my Kawai K1 synth.  I
would like to upgrade to CUBASE but maybe that should be NUENDO now?
!!

I'd really like DIGIDESIGN ProTools !! 

I'm sorry I cant hear your MP3 stuff as My PC at home doesn't have a
connection to the Net even though it does have a soundcard. Why ? Because
its a 386 chip running at 16 Mhz  or in Turbo boost mode a massive 33Mhz.
 I might as well use it for a doorstop.  Believe it or not I use an ATARI
1040STFM for my MIDI sequencing. It works and I know the Pro24 III software
very well - so apart from the Plus Audio aspects of CUBASE - which is
a big plus - I agree - I'm ok on the sequencer side.

Re Allan Holdsworth - have you seen the size of his hands!!!  Their like
Wilko Johnson's [ex Dr FeelGood] were talking Huge!

Ok thats enough. I really do appologise for being way off topic but
I didn't want people to think I'm not the warm caring loving generous
person that I am :-) - well try to be .......

You can all vomit now.  I remember when my sisters son saw my Aliens
ate my Buick CD - he said "Aliens ate my [pause]Beewerckghghh! - He not
seen the word 'Buick' before and didn't know how to pronounce it hence
the vomiting noise.  I suppose it looks a bit like sick and being a young
boy at the time in England where we dont have Buick cars - it made sence
for him to try to pronounce it like a being sick noise!

Ive always though of it as the Aliens ate my sick album since then! 


He was partly taking the piss I have to say but its stuck with me ever
since!  :-)

see ya.


- -- 
Tim Hudson
tim_hudson@zdnetonebox.com - email



___________________________________________________________________
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------------------------------

Date: Fri, 01 Dec 2000 14:23:56 -0500
From: Robin Thurlow <rthurlow@binghamton.edu>
Subject: Re: Alloy: re yugoslavia and the music thing

Tim Hudson wrote:
> I dont want to get all PC. Polictically Correct here but this is why
> we need 'democracy' and we need open and effective government with a
> respect for basic human rights.

definitely! :)  and this is where the individual has the greatest power
- - by being an objective observer and speaking up when we see a wrong
being done. Indifference to hatred is every bit as bad as the hatred
itself, because you're betraying yourself as well as the person who
needs the strength of your voice. 

> I honestly dont know what the answer is to end this 'us' and 'them'
> attitude to life.  

It will always be with us, part of the way we're 'hardwired' to be of a
tribal mindset (at least this is what I've learned in various anthro and
human evolution classes)  It's based in fear and the desire to protect
resources - the very core of the survival instinct all animals possess. 
There isn't an easy answer, but because we're becoming more and more of
a 'world community' now, people will hopefully have it proven to them
that it's our similarities to one another which are important, not our
differences, and step across that barrier of the detrimental 'us and
them' mentality.  It all goes back to that 'individual' being strongest.
Just because something is hardwired into us doesn't mean we can't each
rise above it through our tremendous human capacity for reason,
compassion, curiosity, friendship etc.  

> I have never been to America but it was always supposed to be such a mixture of cultures and nationalities.  Maybe things are
> better there?

Depends on where you go I think, and who, exactly, you encounter.  There
are plenty of disturbed people everywhere in the world.  Boston, where I
lived for eight years, was fairly racist and sexist, I thought.  Growing
up in New York State, I observed what was going on around me & in the
news and thought things were bad in the US as far as racism (I still
think they are, in many places!).  I think things are more laid-back in
the US though, than in Britain.  When I stayed in England for the first
time, the first thing I noticed was a certain air of general frustration
about the place, and I found that distressing.  I did in fact see a lot
more racism, sexism, class-warfare, regionalism, and even 'town-ism' as
i called it - people would say nasty things about someone else because
they were from the next town over (as in "well, what can you expect from
someone from ~other town down the street~...") The political climate in
Britain, as Diva describes, must only be adding to any tensions that
already existed.  In the US I think there might be more of a sense of
optimism in general (believe it or not! :)  

Tim, you should visit the US sometime & give us your opinion!

> You can all vomit now.  

Thanks!

Robin T :)

------------------------------

End of alloy-digest V5 #290
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