Bat for Lashes plays the Bowery Ballroom: an Interview with Natasha Khan

Filed Under (Uncategorized) by 5C6bgX on 31-05-2019

Friday, September 28, 2007

Bat for Lashes is the doppelgänger band ego of one of the leading millennial lights in British music, Natasha Khan. Caroline Weeks, Abi Fry and Lizzy Carey comprise the aurora borealis that backs this haunting, shimmering zither and glockenspiel peacock, and the only complaint coming from the audience at the Bowery Ballroom last Tuesday was that they could not camp out all night underneath these celestial bodies.

We live in the age of the lazy tendency to categorize the work of one artist against another, and Khan has had endless exultations as the next Björk and Kate Bush; Sixousie Sioux, Stevie Nicks, Sinead O’Connor, the list goes on until it is almost meaningless as comparison does little justice to the sound and vision of the band. “I think Bat For Lashes are beyond a trend or fashion band,” said Jefferson Hack, publisher of Dazed & Confused magazine. “[Khan] has an ancient power…she is in part shamanic.” She describes her aesthetic as “powerful women with a cosmic edge” as seen in Jane Birkin, Nico and Cleopatra. And these women are being heard. “I love the harpsichord and the sexual ghost voices and bowed saws,” said Radiohead‘s Thom Yorke of the track Horse and I. “This song seems to come from the world of Grimm’s fairytales.”

Bat’s debut album, Fur And Gold, was nominated for the 2007 Mercury Prize, and they were seen as the dark horse favorite until it was announced Klaxons had won. Even Ladbrokes, the largest gambling company in the United Kingdom, had put their money on Bat for Lashes. “It was a surprise that Klaxons won,” said Khan, “but I think everyone up for the award is brilliant and would have deserved to win.”

Natasha recently spoke with David Shankbone about art, transvestism and drug use in the music business.


DS: Do you have any favorite books?

NK: [Laughs] I’m not the best about finishing books. What I usually do is I will get into a book for a period of time, and then I will dip into it and get the inspiration and transformation in my mind that I need, and then put it away and come back to it. But I have a select rotation of cool books, like Women Who Run With the Wolves by Clarissa Pinkola Estés and Little Birds by Anaïs Nin. Recently, Catching the Big Fish by David Lynch.

DS: Lynch just came out with a movie last year called Inland Empire. I interviewed John Vanderslice last night at the Bowery Ballroom and he raved about it!

NK: I haven’t seen it yet!

DS: Do you notice a difference between playing in front of British and American audiences?

NK: The U.S. audiences are much more full of expression and noises and jubilation. They are like, “Welcome to New York, Baby!” “You’re Awesome!” and stuff like that. Whereas in England they tend to be a lot more reserved. Well, the English are, but it is such a diverse culture you will get the Spanish and Italian gay guys at the front who are going crazy. I definitely think in America they are much more open and there is more excitement, which is really cool.

DS: How many instruments do you play and, please, include the glockenspiel in that number.

NK: [Laughs] I think the number is limitless, hopefully. I try my hand at anything I can contribute; I only just picked up the bass, really—

DS: –I have a great photo of you playing the bass.

NK: I don’t think I’m very good…

DS: You look cool with it!

NK: [Laughs] Fine. The glockenspiel…piano, mainly, and also the harp. Guitar, I like playing percussion and drumming. I usually speak with all my drummers so that I write my songs with them in mind, and we’ll have bass sounds, choir sounds, and then you can multi-task with all these orchestral sounds. Through the magic medium of technology I can play all kinds of sounds, double bass and stuff.

DS: Do you design your own clothes?

NK: All four of us girls love vintage shopping and charity shops. We don’t have a stylist who tells us what to wear, it’s all very much our own natural styles coming through. And for me, personally, I like to wear jewelery. On the night of the New York show that top I was wearing was made especially for me as a gift by these New York designers called Pepper + Pistol. And there’s also my boyfriend, who is an amazing musician—

DS: —that’s Will Lemon from Moon and Moon, right? There is such good buzz about them here in New York.

NK: Yes! They have an album coming out in February and it will fucking blow your mind! I think you would love it, it’s an incredible masterpiece. It’s really exciting, I’m hoping we can do a crazy double unfolding caravan show, the Bat for Lashes album and the new Moon and Moon album: that would be really theatrical and amazing! Will prints a lot of my T-shirts because he does amazing tapestries and silkscreen printing on clothes. When we play there’s a velvety kind of tapestry on the keyboard table that he made. So I wear a lot of his things, thrift store stuff, old bits of jewelry and antique pieces.

DS: You are often compared to Björk and Kate Bush; do those constant comparisons tend to bother you as an artist who is trying to define herself on her own terms?

NK: No, I mean, I guess that in the past it bothered me, but now I just feel really confident and sure that as time goes on my musical style and my writing is taking a pace of its own, and I think in time the music will speak for itself and people will see that I’m obviously doing something different. Those women are fantastic, strong, risk-taking artists—

DS: —as are you—

NK: —thank you, and that’s a great tradition to be part of, and when I look at artists like Björk and Kate Bush, I think of them as being like older sisters that have come before; they are kind of like an amazing support network that comes with me.

DS: I’d imagine it’s preferable to be considered the next Björk or Kate Bush instead of the next Britney.

NK: [Laughs] Totally! Exactly! I mean, could you imagine—oh, no I’m not going to try to offend anyone now! [Laughs] Let’s leave it there.

DS: Does music feed your artwork, or does you artwork feed your music more? Or is the relationship completely symbiotic?

NK: I think it’s pretty back-and-forth. I think when I have blocks in either of those area, I tend to emphasize the other. If I’m finding it really difficult to write something I know that I need to go investigate it in a more visual way, and I’ll start to gather images and take photographs and make notes and make collages and start looking to photographers and filmmakers to give me a more grounded sense of the place that I’m writing about, whether it’s in my imagination or in the characters. Whenever I’m writing music it’s a very visual place in my mind. It has a location full of characters and colors and landscapes, so those two things really compliment each other, and they help the other one to blossom and support the other. They are like brother and sister.

DS: When you are composing music, do you see notes and words as colors and images in your mind, and then you put those down on paper?

NK: Yes. When I’m writing songs, especially lately because I think the next album has a fairly strong concept behind it and I’m writing the songs, really imagining them, so I’m very immersed into the concept of the album and the story that is there through the album. It’s the same as when I’m playing live, I will imagine I see a forest of pine trees and sky all around me and the audience, and it really helps me. Or I’ll just imagine midnight blue and emerald green, those kind of Eighties colors, and they help me.

DS: Is it always pine trees that you see?

NK: Yes, pine trees and sky, I guess.

DS: What things in nature inspire you?

NK: I feel drained thematically if I’m in the city too long. I think that when I’m in nature—for example, I went to Big Sur last year on a road trip and just looking up and seeing dark shadows of trees and starry skies really gets me and makes me feel happy. I would sit right by the sea, and any time I have been a bit stuck I will go for a long walk along the ocean and it’s just really good to see vast horizons, I think, and epic, huge, all-encompassing visions of nature really humble you and give you a good sense of perspective and the fact that you are just a small particle of energy that is vibrating along with everything else. That really helps.

DS: Are there man-made things that inspire you?

NK: Things that are more cultural, like open air cinemas, old Peruvian flats and the Chelsea Hotel. Funny old drag queen karaoke bars…

DS: I photographed some of the famous drag queens here in New York. They are just such great creatures to photograph; they will do just about anything for the camera. I photographed a famous drag queen named Miss Understood who is the emcee at a drag queen restaurant here named Lucky Cheng’s. We were out in front of Lucky Cheng’s taking photographs and a bus was coming down First Avenue, and I said, “Go out and stop that bus!” and she did! It’s an amazing shot.

NK: Oh. My. God.

DS: If you go on her Wikipedia article it’s there.

NK: That’s so cool. I’m really getting into that whole psychedelic sixties and seventies Paris Is Burning and Jack Smith and the Destruction of Atlantis. Things like The Cockettes. There seems to be a bit of a revolution coming through that kind of psychedelic drag queen theater.

DS: There are just so few areas left where there is natural edge and art that is not contrived. It’s taking a contrived thing like changing your gender, but in the backdrop of how that is still so socially unacceptable.

NK: Yeah, the theatrics and creativity that go into that really get me. I’m thinking about The Fisher King…do you know that drag queen in The Fisher King? There’s this really bad and amazing drag queen guy in it who is so vulnerable and sensitive. He sings these amazing songs but he has this really terrible drug problem, I think, or maybe it’s a drink problem. It’s so bordering on the line between fabulous and those people you see who are so in love with the idea of beauty and elevation and the glitz and the glamor of love and beauty, but then there’s this really dark, tragic side. It’s presented together in this confusing and bewildering way, and it always just gets to me. I find it really intriguing.

DS: How are you received in the Pakistani community?

NK: [Laughs] I have absolutely no idea! You should probably ask another question, because I have no idea. I don’t have contact with that side of my family anymore.

DS: When you see artists like Pete Doherty or Amy Winehouse out on these suicidal binges of drug use, what do you think as a musician? What do you get from what you see them go through in their personal lives and with their music?

NK: It’s difficult. The drugs thing was never important to me, it was the music and expression and the way he delivered his music, and I think there’s a strange kind of romantic delusion in the media, and the music media especially, where they are obsessed with people who have terrible drug problems. I think that’s always been the way, though, since Billie Holiday. The thing that I’m questioning now is that it seems now the celebrity angle means that the lifestyle takes over from the actual music. In the past people who had musical genius, unfortunately their personal lives came into play, but maybe that added a level of romance, which I think is pretty uncool, but, whatever. I think that as long as the lifestyle doesn’t precede the talent and the music, that’s okay, but it always feels uncomfortable for me when people’s music goes really far and if you took away the hysteria and propaganda of it, would the music still stand up? That’s my question. Just for me, I’m just glad I don’t do heavy drugs and I don’t have that kind of problem, thank God. I feel that’s a responsibility you have, to present that there’s a power in integrity and strength and in the lifestyle that comes from self-love and assuredness and positivity. I think there’s a real big place for that, but it doesn’t really get as much of that “Rock n’ Roll” play or whatever.

DS: Is it difficult to come to the United States to play considering all the wars we start?

NK: As an English person I feel equally as responsible for that kind of shit. I think it is a collective consciousness that allows violence and those kinds of things to continue, and I think that our governments should be ashamed of themselves. But at the same time, it’s a responsibility of all of our countries, no matter where you are in the world to promote a peaceful lifestyle and not to consciously allow these conflicts to continue. At the same time, I find it difficult to judge because I think that the world is full of shades of light and dark, from spectrums of pure light and pure darkness, and that’s the way human nature and nature itself has always been. It’s difficult, but it’s just a process, and it’s the big creature that’s the world; humankind is a big creature that is learning all the time. And we have to go through these processes of learning to see what is right.

Law center helps defend open source

Filed Under (Uncategorized) by 5C6bgX on 27-05-2019

Wednesday, February 2, 2005

Eben Moglen, Columbia University Law Professor, will head the newSoftware Freedom Law Center (SFLC). An initial 4 million dollars has been provided by Open Source Development Labs (OSDL) to fund the project.

The law center will provide free legal service for open source projects and developers. In 2004 OSDL established a separate $10 million Linux Legal Defense Fund providing legal support for Linus Torvalds, Linux kernel creator and end user companies subjected to Linux-related litigation by the SCO Group. The new law center will not be affiliated with the OSDL.

“This is about taking care of the goose that laid the golden egg and not letting wolves come in the middle of the night and steal it away,” Moglen said during a press conference. “This is a legal firm not involved so much in litigating and defending as it will be for counseling and advising and nurturing non-profits and to prevent millions of dollars in litigation.”

Moglen will serve as chairman and director-counsel of the non-profit organization. Also on board as directors are: Lawrence Lessig, law professor at Stanford Law School; Daniel Weitzner, director of the World Wide Web Consortium‘s technology and society activities; and Diane Peters, general counsel at the OSDL. Daniel Ravicher, executive director of the Public Patent Foundation, will help manage as legal director.

Moglen, one of the world.s leading experts on copyright law as applied to software, will run the new Law Center from its headquarters in New York City. The Law Center will initially have two full-time intellectual property attorneys on staff and expects to expand to four attorneys later this year. Initial clients for the Law Center include the Free Software Foundation and the Samba Project.

Other services provided by the SFLC include: asset stewardship, to avoid intellectual property claim conflict; license review and compatibility analysis; legal consulting and lawyer training.

Linkin Park’s lead singer Chester Bennington dies at 41

Filed Under (Uncategorized) by 5C6bgX on 27-05-2019

Saturday, July 22, 2017

On Thursday, Chester Bennington, lead singer of US rock band Linkin Park, died in his home in Los Angeles at the age of 41. The Los Angeles county coroner confirmed Bennington’s death; reportedly it was being investigated as a possible suicide.

A two-time Grammy award winner with the band, Chester Bennington joined Linkin Park when he was 23. Also featuring rapper Mike Shinoda, Linkin Park released their first album, Hybrid Theory, in 2000. The band went on to release six more albums featuring Bennington’s voice, including One More Light, which was released this year. The band was scheduled to go on a tour for One More Light, but it has been canceled.

Their song Crawling, from Hybrid Theory, won a Grammy for Best Hard Rock Performance. The band was also nominated for Best Rock Album and Best New Artist. A year after releasing Meteora, Linkin Park collaborated with rapper Jay-Z for the Collision Course EP in 2004 whose single Numb/Encore won a Grammy for Best Rap/Sung Collaboration. Meteora has sold more than 27 million copies, which featured the hit song Numb.

In his statement, Warner Bros. Records CEO Cameron Strang said, “Chester Bennington was an artist of extraordinary talent and charisma, and a human being with a huge heart and a caring soul.” The Recording Academy President Neil Portnow said, “We have lost a truly dynamic member of the music community”.

In 2013, Bennington performed at the MusiCares MAP Fund benefit concert, whose aim was to aid addiction treatment. Born on March 20, 1976 in Phoenix, Arizona, to a nurse and a police detective, Bennington recounted being abused in his childhood, molested by an older friend over the course of several years starting when he was seven or eight. In a 2008 interview with Kerrang!, he said, “It destroyed my self-confidence […] Like most people, I was too afraid to say anything. I didn’t want people to think I was gay or that I was lying. It was a horrible experience.”

In an interview with Noisecreep in 2009, he said, “I don’t have a problem with people knowing that I had a drinking problem. That’s who I am, and I’m kind of lucky in a lot of ways because I get to do something about it.” Of the band’s Grammy-winning song Crawling, Bennington said the song was “about feeling like I had no control over myself in terms of drugs and alcohol.”

His first marriage ended in a divorce, and he said, “I knew that I had a drinking problem, a drug problem, and that parts of my personal life were crazy, but I didn’t realise how much that was affecting the people around me until I got a good dose of ‘Here’s-what-you’re-really-like.'” In 2011, he told The Guardian, “When I was young, getting beaten up and pretty much raped was no fun. No one wants that to happen to you and honestly, I don’t remember when it started […] My God, no wonder I became a drug addict. No wonder I just went completely insane for a little while.”

Bennington died on the day his singer friend Chris Cornell would have turned 53. Cornell hanged himself earlier this year. After Cornell’s death, Bennington said, “I can’t imagine a world without you in it.”

Bennington is survived by his six children and his wife, Talinda Bentley, whom he married in 2006.

Making A Guest Room With An Outside Entrance

Filed Under (Kitchen Home Improvement) by 5C6bgX on 27-05-2019

By Alyssa Davis

Some people have guest rooms that are only used on occasion. However, if you are in a situation where you have a guest who is staying long term, such as an adult child, it may make sense to add an outside entrance to the room. This gives your long-term guest more privacy and causes fewer interruptions of your own life. If you are thinking of adding an outside entrance to your guest room, there are some things that you may want to consider before knocking out the outside wall.

Location of the Guest Room

You have heard it said that location is everything, but when adding an outside entrance to a guest room, that saying has never been truer. If your guest room is on the third floor of your home and sandwiched between other bedrooms, adding an outside entrance is probably not going to be the easiest or most practical course of action. In most cases, a guest room on the ground floor in an easily accessible corner of the house is going to be the best candidate for adding an outside entrance. Not only will this make it easier for guests to enter and exit, but if you decide to turn the room into a home office at any point, it will also make it easier for clients to come and go.

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Logistics

Knocking out a wall and adding a door to your guest room is not as simple as it may sound. Such renovation will require the work of a certified contractor who can ensure that the exterior wall remains properly supported. It is also important to think about how adding a door will impact the rest of the room. Is there enough space to accommodate a door opening and closing? If there is not, you may want to consider adding sliding glass doors instead of a traditional entrance door. You will still have the benefits of outside access, but it will take up less room space than a traditional swinging door.

Safety of the Guest Room

Another important point to consider is the safety aspect of adding another entrance to your home. While it may make it easier for your occasional guests to come and go as they please, it also becomes another potential point of entry for burglars. This is especially true if you opt for sliding glass doors, as they pose a much greater security risk than a steel door. If you do not go in the guest room very often when guests are not in town, you may want to install motion sensors and secure locks on the door.

Adding an outside entrance can be exceptionally convenient for out of town guests who need to come and go without disturbing you or your family. If you have visitors who stay for any length of time, an outside entrance can make everyone’s life more convenient. However, be sure that you address all security and construction concerns before jumping into such remodeling.

About the Author: Alyssa Davis writes and designs for Metal-Wall-Art.com and she is happy to share many ideas on creating stylish interiors with

sun metal wall sculpture

and

metal butterfly wall art

.

Source:

isnare.com

Permanent Link:

isnare.com/?aid=760873&ca=Home+Management

U.K. National Portrait Gallery threatens U.S. citizen with legal action over Wikimedia images

Filed Under (Uncategorized) by 5C6bgX on 27-05-2019

Tuesday, July 14, 2009

This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”
“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.
The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.
“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.
“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.
“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.
“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Illegal drug found to be used in the manufacture of toys

Filed Under (Uncategorized) by 5C6bgX on 26-05-2019

Wednesday, November 7, 2007

Bindeez beads, a children’s toy from Australia and manufactured by Moose Enterprise in Hong Kong, is being pulled off toy store shelves in the United Kingdom after traces of an illegal drug, which is converted into gamma-Hydroxybutyric acid (GHB) when ingested, was found inside the toy. At least 20 million toys are affected.

So far at least three children from the U.K. and at least two from Auckland, New Zealand have fallen seriously ill and are currently receiving medical attention. The toy is also sold in the United States as Aqua Dots, with two reports received by the U.S. Consumer Product Safety Commission (CPSC) of children needing hospitalization after ingesting the beads.

“We’ve asked all our customers to take them off the shelf while we retest everything to make sure the toys comply with all regulations,” said the company in a statement, although no mandatory recall has been issued for the product. The statement also says that the plant in Hong Kong was not using a chemical mixture approved by the company.

“This substitution was not at any time approved by Moose nor was Moose made aware of any substitution by the supplier,” added the statement.

The toys were supposed to contain a non-toxic chemical known as 1,5-pentanediol, but instead 1,4-butanediol, which is mainly used in creating the illegal drug GHB, was used in the toys. When humans consume 1,4-butanediol, the body converts it into GHB and could make the individual seriously ill, causing headaches, seizures, dizziness and in some cases death. GHB is a natural chemical found in a variety of things such as beef, wine and some varieties of citrus fruits. It is also used as a pharmaceutical which is sold as Xyrem.

Recent animal research indicates that drugs are available for human use which may work as antidotes to the poison, either by hindering its conversion to GHB with 4-methylpyrazole (fomepizole, Antizol) or by blocking GHB’s effectiveness at the receptor (SCH 50911). Rodent testing has found the lethal dose of 1,4-butanediol to range from 1.4 to 2.5 grams per kilogram body weight, but an antidote can increase the lethal dose by a factor of 10.

It is not known how the chemicals got mixed up, but officials for the toy company say that they are continuing the investigation. The toy is currently banned in all of Australia, but the company says all those who bought it will be refunded their money.

“The issue of how a dangerous substance was used in these beads and not the non-toxic substance … that is going to take us a few more days to uncover,” said Australia’s Fair Trade Minister, Linda Burney in a statement to the press.

The toy was recently named Australia’s number one toy for 2007.

Wikinews Shorts: June 4, 2007

Filed Under (Uncategorized) by 5C6bgX on 26-05-2019

A compilation of brief news reports for Monday, June 4, 2007.

MediaCorp Radio in Singapore has been fined 15,000 Singaporean dollars (US$9,800) over an on-air stunt in March in which female guests on a radio show were asked to remove their brassieres, and pose for video that was to be posted on the station’s website and on YouTube.

The Media Development Authority said the radio show’s hosts made improper and sexually suggestive remarks about “how fast the bras were removed, as well as the color, design and cup size of the bras, and the size of the girls’ breasts.”

Sources


Researchers at University of Malaya say they have developed an erectile dysfunction cure from walnut extract.

“It takes about an hour for the effects to set in and it will last for about four hours,” said Professor Dr. Kim Kah Hwi of the Faculty of Medicine Physiology.

So far, 40 volunteers have tried the Viagra alternative, called “N-Hanz”, with positive results, Kim said. To make one pill, it takes about 3.3 kilograms (about 7 pounds) of walnuts.

Sources


An 8-year-old Indonesian boy died after being attacked on Saturday by a Komodo Dragon at Komodo National Park on Komodo.

The boy was attacked while making a toilet stop in a bush, a park official said. “The dragon bit his waist, tossed him and dragged him. His right leg was badly scratched,” park spokesman Heru Rudiharto said. The boy then bled to death.

Attacks by Dragons on humans are rare, though the reptiles, which can grow to a length of 3 meters (9 feet), regularly kill such prey as pigs and small deer. Komodo Dragons are an endangered and protected species, and about 2,000 of them live in the wild, mainly on Komodo and nearby Rinca island.

Sources


Canada’s St. Paul’s West (Ward 21) city council candidates speak

Filed Under (Uncategorized) by 5C6bgX on 26-05-2019

Friday, November 3, 2006

On November 13, Torontonians will be heading to the polls to vote for their ward’s councillor and for mayor. Among Toronto’s ridings is St. Paul’s West (Ward 21). One candidate responded to Wikinews’ requests for an interview. This ward’s candidates include John Adams, Tony Corpuz, Joe Mihevc (incumbent), and John Sewell.

For more information on the election, read Toronto municipal election, 2006.

Wikinews interviews Joe Schriner, Independent U.S. presidential candidate

Filed Under (Uncategorized) by 5C6bgX on 24-05-2019

Saturday, April 17, 2010

Journalist, counselor, painter, and US 2012 Presidential candidate Joe Schriner of Cleveland, Ohio took some time to discuss his campaign with Wikinews in an interview.

Schriner previously ran for president in 2000, 2004, and 2008, but failed to gain much traction in the races. He announced his candidacy for the 2012 race immediately following the 2008 election. Schriner refers to himself as the “Average Joe” candidate, and advocates a pro-life and pro-environmentalist platform. He has been the subject of numerous newspaper articles, and has published public policy papers exploring solutions to American issues.

Wikinews reporter William Saturn? talks with Schriner and discusses his campaign.

Google sued by thousands of authors over Google Print

Filed Under (Uncategorized) by 5C6bgX on 24-05-2019

Thursday, September 22, 2005

Google is being sued by the Authors Guild, among others, due to the verbatim publishing of contents of their books in Google Print for Libraries, a search engine for searching books that started in December. The Authors Guild wants Google to make the content from books protected under copyright unavailable, as they claim that they have never given permission for their text to be published. However, Google offers the option of having their text removed from their databases.

Google also claims that the text is used under fair use, as they only include “snippets” of the text, and not the entire book. Also, Google sees Google Print as an incentive to authors, as it could help boost sales. “This ability to introduce millions of users to millions of titles can only expand the market for authors’ books, which is precisely what copyright law is intended to foster,” says Google.

The lawsuit was filed by three writers in a New York federal court, and has the support from the U.S.-based Authors Guild. The suit acknowledges that text snippets presented via the internet to users is legal under the U.S. definition of fair use. Rather, the complaint centers on the wholesale copying of a book’s text into Google databases.

Another Google Print program, called “Google Print for Publishers”, seeks consent from publishers (such as Simon & Schuster, who has given permission) to publish their works. Considering as publishers may be holders of the copyright in book contents, this could be the sole project of Google Print, assuming Google Print for Libraries is deemed “massive copyright infringement” by the District Court in Manhattan where the suit was filed.

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