So as I see it, the problem is that there is an ACTA under discussion, but the public doesn't get to see it right? So how do most things in the U.S. with political connections get fixed? By people shouting about it to their Congressional Reps, news media, comments sites, and e-mails to everyone who will listen. SO sign me up. Let me know, where do I go to complain? Who do I talk to, what's the e-mail addresses of the people on these boards or having these discussions? Tell me where to go and I will send e-mails and letters out the wazoo to get this stoppped.
Despite the sarcasm and conspiracy theories, this country -imperfect as it is- is bound by laws. Laws made by imperfect people, some with ulterior motives or hidden agendas, and some people are just ignorant of the consequences of their actions. But when all is said and done, we all in this country are bound by those laws. So, in my opinion once all of the legal methods of delay and obfuscation are over the White House will.......hand over the records as the law says they must. And in reply to someones earlier comment the President is not a King, and the White House is not a Castle. The Executive branch is responsible to the Judiciary and Legislative branches, that is why we have three branches of Gov't that all must balance each other.
So trying to answer your question, the answer is "Yes". i.e "Yes" in some cases the financial return from the artists investment is enough to support himself/herself in a manner they are comfortable with and supports the comic infrastructure. Now remember I said in "some" cases. in others the answer is "Yes" it is just enough to support the comic itself. With mister Trudeau's back catalog and other works, he is poised to set himself up online and make money like others are already doing, and I would argue he could probably make considerably more than others are based on that same back catalog and name recognition. But it seems he doesn't want to adapt. Which is fine, his choice. But he shouldn't be surprised when the changes run him over and he becomes a part of history, like the newspapers are and for the same reasons...a failure to change with the changing technology.
Another example of "free" webcomics is Sluggy Freelance (www.sluggy.com) which has been around for years (since 1997) and is pretty succesful. There are to many others to list, but there are lots and lots of them, and they also sell looooooots of t-shirts (and books, mugs, plushes, games, other stuff) as well as exclusive access to some aspects for subscribers. All in all a pretty good business model, for "free" stuff.
I'm pretty sure it's this kind of confusion and misconceptions about rights, who owns the rights, and what controls you have that lead to the animated film Heavy Metal not being releases on tape/cd for 15 years. So what was the publics response...Gasp...Piracy.
Which is what you get when the producer doesn't provide what the consumer wants in the way the consumer wants it. So what I anticipate is a whole lot of legal wrangling and lawsuits to stop production and extort more money (ala Watchmen) and eventual piracy and then this will support claims for stronger copyright...
Great Plan, Let's tax everybody and then give the money to everybody else. DJ, I absolutely agree with you, but Ithink you left out a few parasites:
Government-They are the gatekeepers therefore they get a piece of the fee
CD/DVD Manufacturers-they are losing money so they need to be subsidized
Teachers-they get a piece for spreading the propaganda
You know this is starting to sound eerily familiar, like some books I once read. something about pigs, and Marx, and everyone being equal and the supremacy of the state. Can't quite put my finger on it.
Despite what my comments may sound like, I was being a bit facetious, I do not like scalpers and feel that they are like you said a product of a broken system. My main point was that why should Ticketmaster care. They already got there cut, so why do they care if someone else is getting another cut. If I use my credit card to by tickets for a buddy who doesn't have a credit card and want to charge him $5 for the interest I'm going to accrue on my card, why does Ticketmaster think it's entitled to another piece of the pie?
UI've necver understood what the issue withscalpers is, as far as the ticket provider is concerned. They get paid their fee, say $50 for ticket plus $10 handling fee plus $7 venue fee plus $5 taxes for a total of $72. So that's what the scalper pays to ticketmaster. then the scalper sells for what the market will bear. Sounds like free enterprise to me. Ticmketmaster has no worries, they already got all of their money, the artist and his producers got their money. Now the scalper is doing commodity trading, if he guessed right he stands to make a mint, if in the three months between the time he purchased the ticket and the time he sells them the artist is indicted for something, in an accident, goes into rehab, the scalper loses his money.
sounds pretty simple to me
LOL, coudn't agree more. I also like the part where it basically says" hey we can't make our buisiness work so we want the gov't to do it for us by getting rid of the competition" (free p2p)
So, after reading Mike's post the way I read irt is this:
Director: Hey, your a pretty good artist do you think you could come up with a better mascot than the crappy one we've got now?
Her: Sure, I'll work on that, it will be great practice and maybe some day I can put it in a portfolio, plus I might be able to use this as credit for one of my art/design classes
sometime later...
Director, man that's a great drawing, it will look awsome on the Gym wall (or uniform or whatever)
Her: Yeah it is pretty good, I had fun doing it and the school will be better off
Sometime later after she meets some lawyers....
Her:COPYRIGHT!!!!! gimme $$$$$$$$!!!!!!
my point being that all across this country there are thousands of uncredited, unpaid artworks in schools and universities that are created by students as art projects, senior / class projects, out of civic pride, school pride or a sense of aesthetics (sp?). Why does she think that she is entitled to something special. If she thought her work was so great and she had put so much time into it that it was worth so much, she should have declared that prior to turning the work over and negotiated a payment at the time. After turning the work over and it goes in to use and is suddenly popular / valuable is too late. Sorr horse is gone, closing barn door now has no effect.
So, after reading this post and the earlier post about Fan Sub sights, I have to think, Maybe these people are just opposed to making Money? As was pointed out in some of the comments about the Fan Sub post, some companies use these fan provided translations to meet a need in the market that they don't fulfill or are not capable of yet. For Authors / Writers this is a common problem in that they commonly only produce new works at the rate of 1 to 2 per year, but for the fans this is not fast enough. So what do the fans do...Fan Fiction, i.e fan created works derivative of the originals that fill this gap. Are these works claimed to be by the original authors, no. In the case of complex worlds or story lines do the claim to be "canon" (part of the official over arching storyline) no. What do smart authors / publishers do, collect the best of these works and PUBLISH them. This has so many benefits, I don't know if I can capture all of them:
1. Maintains a high level of interest in the subject
2. Keeps new material out there
3. Connects with fans in a MAJOR way
4. Generates new revenue streams for everybody
5. Additional FREE promotion
6. Builds heaps of good will for the publisher and author
7. Finds promotes, and develops new talent that may not have tried to write under other circumstances.
For an idea of how this is done succesfully, see Baen Books, Eric Flint Ring of fire series Grantville Gazzette http://www.baen.com/series_list.asp
Getting a program that allows you to type mathematical expressions is the least of your worries.
There are several. The college I went to used MathType(an add on for Office) that I was able to obtain free through the colleges student license.
There is a loss of structure from going online. I didn't have a set time to "go to class" and a time when I knew I would be able to see my professor. Email is a long shot (it could be several days before you get a response) and calling is awkward.
That aside, math and science classes are almost impossible to complete online. I'm a math major and I thrive on watching my professors do examples on a whiteboard, chalkboard, or smartboard. You can write an example down and send it in an email but you can't watch the back and forth your professor does to get an answer.
While this is true, the lack of interaction and lack of structure, for some people it is just another impediment to be dealt with, and is less severe than prohibitive cost and overcrowded classrooms. I took Statistics, Chemistry 1, Calc 1 and 2, and Programming classes online. I had to structure my own time for "going to class" around work and family requirements (including a newborn). As has been stated in earlier posts, some students need that structure and environment for additional maturing and growth, and others don't need it, want it, or have time for it.
After reading through the info here http://www.ncahigherlearningcommission.org/download/Overview07.pdf I don't understand how the organization cannot accredit StraighterLine. It meets all of the wickets, assuming that the quality of the courses is as good as was stated in the Washington Monthly article. So if the NCA (accrediting body) is not accreiting Straighterline, then it can only be for reasons of pressure from the other established institutions. I am not against brick and mortar higher education, I fully understand that there is more to it than just aquisition of knowledge, but for mass feedings of information, why shouldn't it go to the lowest price point? There is no less value added and signifdicant savings to those who pay the bills?
I just want to throw in my personal experience to suppoert what Chris said. At the age of 18, unable to afford out of pocket and unwilling to burden myself or my family with the ruinous debt of a conventional college education I joined the U.S. Navy to "See the World". At about the age of 25 I realized that if I wanted to get ahead I would probably need a college degree. So, having an already established career with 80-100 hour work weeks and A Wife and child, a conventional college was impossible. After k nocking around the question for a few years, I finally decided to pursue a degree. At the age of 35 I graduated with a Bachelor's degree never once having stepped foot in a classroom. A combination of correspondence course, CLEP/Dantes tests, and online classes plus credit for military specialty training courses were used in granting me my degree. I would have never been able to get a degree through a conventional college due to ongoing work/life commitments. There are thousands of military personnel in the U.S. that do this every year. Grateful as I am for the opportunity that was afforded me that allowed me to get a degree in a non traditional way, it was just as expensive as attending classroom clkasses, with much less cost to the school. Had they had a format similar to the monthly "all-you-can-learn" I would have jumped at it, even at twice the cost. That would have saved me tons of time and expense. Just throwing in my two cents worth.
From BMI: "POP CONCERTS:BMI uses an independent source of pop concert information to create a database which is used to solicit concert set lists. We compile these responses and determine semi-annually which musical acts were among the 200 top-grossing tours. A royalty payment is calculated for each BMI-licensed work used in the opening and headliner’s acts in each of these top musical tour set lists. Since the number of BMI-licensed works changes from one semi-annual period to the next, as do the license fees collected by BMI from concert promoters and venues, the royalty rate for your works performed in live pop concerts also changes each period. Each song used as part of a medley during a live pop concert will be assigned one-half of a full credit rate."
From ASCAP:"The following chart outlines the various media, including broadcast, cable, on-line, and live shows, where we conduct a complete count of performances and where we conduct a sample survey. It is important to remember that as digital information becomes more readily available, ASCAP expands our complete count of performances and relies on samples only where it is necessary."
And from that Chart under the title Live Concerts
"All songs performed in the 200 top-grossing concert tours, as well as selected other major live performance venues, covering headliners and opening acts; Live symphonic and recital concerts "
So, I think Mike got his facts right. What he saaid in his post seems to Directly Quote from the actual organisations. For Live Performances of a non classical/symphonic nature, if you are not included in one of the 200 top grossing venues of trhe year, you don't get squat
So after reading poth the post and the book that was linked to about how BMI/ASCAP work, my understanding is, if I am a performer/writer/publisher who has a string of wildly popular long running songs that are part of the cultural landscape (Rolling Stone, Doors, Beatles, Metallica, Nirvana etc...) and my songs are played lots and lots in the following key slots: Radio 1 stations, Major motion pictures, Prime time Telivision, Weekend television after 1 pm, major concert venue; then I get a gazillion Dollars per song performance from BMI/ASCAP. If I am some little schmo who plays a lot of songs that I wrote, plays almost every night for years and years, in small venues all over the country (and these venues pay into ASCAP/BMI on my behalf) then I get Zip/Squat from ASCAP/BMI? No wonder everyone hates these guys
From the Wikipedia entry for Sony Corp. of America v. Universal City Studios, Inc. (the betamax decision)
"The question is thus whether the Betamax is capable of commercially significant noninfringing uses ... one potential use of the Betamax plainly satisfies this standard, however it is understood: private, noncommercial time-shifting in the home. It does so both (A) because respondents have no right to prevent other copyright holders from authorizing it for their programs, and (B) because the District Court's factual findings reveal that even the unauthorized home time-shifting of respondents' programs is legitimate fair use....
If there are millions of owners of VTR's who make copies of televised sports events, religious broadcasts, and educational programs ... and if the proprietors of those programs welcome the practice, the business of supplying the equipment that makes such copying feasible should not be stifled simply because the equipment is used by some individuals to make unauthorized reproductions of respondents' works....
When one considers the nature of a televised copyrighted audiovisual work ... and that time-shifting merely enables a viewer to see such a work which he had been invited to witness in its entirety free of charge, the fact ... that the entire work is reproduced ... does not have its ordinary effect of militating against a finding of fair use. "
What I would like to hilight is three things,
1. That it is fair use to time shift programming-which is exactly what TiVO and DVR's are designed to do.
2. That a few unlawful individuals who would use a device for unlawful reasons should not penalize the majority of users (yeah I'm talking to you MPAA and RIAAA we are not all criminals)
3. The Broadcast was transmitted for free or already paid for if on a PPV or Pay channel, so how are they justifying not giving someone what they have already paid for / received for free. i.e I pay for HBO, whether I watch all 80 movies that month or only 2 of them, I have paid for the right to watch all 80. So if I want to record and watch all 80 over and over again, that's my right since I have already paid for it.
On the post: ACTA Negotiations Back On... White House Shows Small Group Proposed Text Under NDA
How to Fix the Problem?
On the post: Court Says No To Feds Attempt To Delay Handing Over Lobbying Info On Telco Immunity
The American Way
On the post: Could Doonesbury Learn Anything From XKCD?
Re: Re: Re:
On the post: Could Doonesbury Learn Anything From XKCD?
Other Examples
On the post: Can A Radio Station Give Away Tickets To A Football Game? The Eagles Say No...
Re: You might have legally purchased the piece of paper
On the post: Complications Of Ownership Society: Family Claiming Rights To Spiderman Doesn't Seem To Have Created Spiderman
Heavy Metal
On the post: More UK Artists Speak Out About File Sharing, Pro & Con
Re: ISP Charge --- Confusion
Government-They are the gatekeepers therefore they get a piece of the fee
CD/DVD Manufacturers-they are losing money so they need to be subsidized
Teachers-they get a piece for spreading the propaganda
You know this is starting to sound eerily familiar, like some books I once read. something about pigs, and Marx, and everyone being equal and the supremacy of the state. Can't quite put my finger on it.
On the post: Ticketmaster Trying To Cut Down On Scalpers... Or Increase Fee Collection For Itself?
Re: I like this move! (non-sarcastically)
On the post: Ticketmaster Trying To Cut Down On Scalpers... Or Increase Fee Collection For Itself?
sounds pretty simple to me
On the post: UK Music Pretends That Musicians Aren't Against Kicking People Off The Internet
Re: Re:
On the post: Alumnus Sues NYU Over Logo That The School Asked Her To Design
scenario plus horse and barn door
Director: Hey, your a pretty good artist do you think you could come up with a better mascot than the crappy one we've got now?
Her: Sure, I'll work on that, it will be great practice and maybe some day I can put it in a portfolio, plus I might be able to use this as credit for one of my art/design classes
sometime later...
Director, man that's a great drawing, it will look awsome on the Gym wall (or uniform or whatever)
Her: Yeah it is pretty good, I had fun doing it and the school will be better off
Sometime later after she meets some lawyers....
Her:COPYRIGHT!!!!! gimme $$$$$$$$!!!!!!
my point being that all across this country there are thousands of uncredited, unpaid artworks in schools and universities that are created by students as art projects, senior / class projects, out of civic pride, school pride or a sense of aesthetics (sp?). Why does she think that she is entitled to something special. If she thought her work was so great and she had put so much time into it that it was worth so much, she should have declared that prior to turning the work over and negotiated a payment at the time. After turning the work over and it goes in to use and is suddenly popular / valuable is too late. Sorr horse is gone, closing barn door now has no effect.
On the post: Why Do Content Creators Get Control Over Derivative Works?
1. Maintains a high level of interest in the subject
2. Keeps new material out there
3. Connects with fans in a MAJOR way
4. Generates new revenue streams for everybody
5. Additional FREE promotion
6. Builds heaps of good will for the publisher and author
7. Finds promotes, and develops new talent that may not have tried to write under other circumstances.
For an idea of how this is done succesfully, see Baen Books, Eric Flint Ring of fire series Grantville Gazzette
http://www.baen.com/series_list.asp
On the post: Next Up For Disruption? College
Re:
To reply to two of your points:
Getting a program that allows you to type mathematical expressions is the least of your worries.
There are several. The college I went to used MathType(an add on for Office) that I was able to obtain free through the colleges student license.
There is a loss of structure from going online. I didn't have a set time to "go to class" and a time when I knew I would be able to see my professor. Email is a long shot (it could be several days before you get a response) and calling is awkward. That aside, math and science classes are almost impossible to complete online. I'm a math major and I thrive on watching my professors do examples on a whiteboard, chalkboard, or smartboard. You can write an example down and send it in an email but you can't watch the back and forth your professor does to get an answer.
While this is true, the lack of interaction and lack of structure, for some people it is just another impediment to be dealt with, and is less severe than prohibitive cost and overcrowded classrooms. I took Statistics, Chemistry 1, Calc 1 and 2, and Programming classes online. I had to structure my own time for "going to class" around work and family requirements (including a newborn). As has been stated in earlier posts, some students need that structure and environment for additional maturing and growth, and others don't need it, want it, or have time for it.
On the post: Next Up For Disruption? College
Accreditation
On the post: Next Up For Disruption? College
Re: Re: CwF+RtB
On the post: And What's The Deal With Copyright Misuse? Seinfeld Cookbook Doesn't Infringe
Re: Re: How is this good PR?
On the post: How Performing Rights Groups Funnel Money To Top Acts And Ignore Smaller Acts
Re: Fact checking, part deux
On the post: How Performing Rights Groups Funnel Money To Top Acts And Ignore Smaller Acts
Re: They Monitor the Top 200
On the post: Hollywood Asks FCC For Permission To Break Your DVR Again
Sony vs Betamax
"The question is thus whether the Betamax is capable of commercially significant noninfringing uses ... one potential use of the Betamax plainly satisfies this standard, however it is understood: private, noncommercial time-shifting in the home. It does so both (A) because respondents have no right to prevent other copyright holders from authorizing it for their programs, and (B) because the District Court's factual findings reveal that even the unauthorized home time-shifting of respondents' programs is legitimate fair use....
If there are millions of owners of VTR's who make copies of televised sports events, religious broadcasts, and educational programs ... and if the proprietors of those programs welcome the practice, the business of supplying the equipment that makes such copying feasible should not be stifled simply because the equipment is used by some individuals to make unauthorized reproductions of respondents' works....
When one considers the nature of a televised copyrighted audiovisual work ... and that time-shifting merely enables a viewer to see such a work which he had been invited to witness in its entirety free of charge, the fact ... that the entire work is reproduced ... does not have its ordinary effect of militating against a finding of fair use. "
What I would like to hilight is three things,
1. That it is fair use to time shift programming-which is exactly what TiVO and DVR's are designed to do.
2. That a few unlawful individuals who would use a device for unlawful reasons should not penalize the majority of users (yeah I'm talking to you MPAA and RIAAA we are not all criminals)
3. The Broadcast was transmitted for free or already paid for if on a PPV or Pay channel, so how are they justifying not giving someone what they have already paid for / received for free. i.e I pay for HBO, whether I watch all 80 movies that month or only 2 of them, I have paid for the right to watch all 80. So if I want to record and watch all 80 over and over again, that's my right since I have already paid for it.
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