#copyright is not morality or ethics. it is business law. and like most laws generally it's the most rich and powerful who benefit

[rabbityshen]

i've seen a few comments mourn internet archive as if it's being entirely shut down, and while this decision sucks and is bad (and will have significant negative ripple effects), the internet archive is not currently being shut down. specifically, access to 500,000+ previously available digital books it hosted is being cut off. (this decision was actually made a while ago and that the ia tried to appeal but ultimately failed to reverse.)

https://www.theverge.com/2024/9/4/24235958/internet-archive-loses-appeal-ebook-lending

here is a link to the petition mentioned in the screenshot: https://www.change.org/p/let-readers-read-an-open-letter-to-the-publishers-in-hachette-v-internet-archive?

here is also a donation link for the ia if you have the means and believe their work is important: https://archive.org/donate/

heartbreaking news. between this, tougher crackdown on illegal tv streaming sites (kimcartoon has just permanently gone down), coming after scanlation sites, and the general moral panic around AI having people actually root for wider nets and stricter enforcement of copyright/ip law, i have a feeling the state of art and media online is going to get much much worse.

the precedent this sets for what people are allowed to do with physical print books they own is absolutely horrible, since there is nothing the Internet Archive loaned out that they didn't have a 1:1 legally acquired physical copy of before digitizing.

“This appeal presents the following question: Is it ‘fair use’ for a nonprofit organization to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free, subject to a one-to-one owned-to-loaned ratio between its print copies and the digital copies it makes available at any given time, all without authorization from the copyright-holding publishers or authors? Applying the relevant provisions of the Copyright Act as well as binding Supreme Court and Second Circuit precedent, we conclude the answer is no,” the decision states. [...] “This characterization confuses IA’s practices with traditional library lending of print books. IA does not perform the traditional functions of a library; it prepares derivatives of Publishers’ Works and delivers those derivatives to its users in full,” the court held. “Whether it delivers the copies on a one-to-one owned-to-loaned basis or not, IA’s recasting of the Works as digital books is not transformative.”

i hope all of the authors who went to bat for taking books away from the public don't know a moment of peace for the rest of their careers lol. i hope it was worth solidifying the publishing industry's grip on the entire sphere of literature just to get a few extra royalty pennies in your pockets.

[kalinara]

So I've seen this post going around that features quotes from various authors who dislike fanfiction, or think fanfiction is illegal. Of course, this being fandom, the post is intended to mock these authors.

Here's my controversial opinion: I think an author has every right to dislike fanfiction.

I'm not saying I agree with them. It'd be pretty hypocritical of me if I did. I've written fanfiction, I love reading fanfiction. I don't know enough about copyright law to really debate the legality of it. (And honestly, I don't think most of the people pointing and laughing at that post do either.) I'll leave that up to AO3's legal department, with the caveat that even lawyers who are experts in their fields don't always agree on the exact interpretation of a law.

I think it's an asshole move to threaten a lawsuit, but I haven't actually heard of anyone doing that since Anne Rice.

I agree, sometimes it's funny when give some of these authors a closer look. Diana Gabaldon, rather infamously, was inspired by Jamie from Doctor Who, to the point where her hero shares the name of the character and the actor. One of my personal favorite authors, P. N. Elrod, dislikes fanfiction, though she's written for licensed properties, and even published a novel where Quincy Morris ended up a vampire!

Personally, I think they're a bit hypocritical. But obviously, to THEM, there's a distinction. Gabaldon might have been inspired to create her hero, but she's not really writing Doctor Who. The characters and plots are original. Elrod's licensed work is contracted, legally approved and done with permission OR involve works that are now in Public Domain. It clearly makes a difference to them, whether or not we agree.

I'm not saying "Don't write fanfic.". I'm not even saying "don't write fanfic when the authors don't like it." I personally believe that fanfiction is a product by and for fans and the original creators ought to butt out.

But I think they have the right to feel the way they do. For whatever reason. Even if they're being silly about it.

(I think we've all, at times, stumbled on a fic or meta that's so off base that it's almost, or actually offensive. Imagine how much more aggravating it would be if you were the one who originally made it!)

Oh and it's really silly when folk try to pretend that the only authors who hate fanfic are the bad ones, while the good ones all appreciate it. It's a variation on that same stupid idea that only good people have talent, while the bad people all suck. The world would be much easier if the only people with talent were the people who agreed with us, and had the same morals, ethics, and general tastes that we have. But the world doesn't work that way.

Heck, if the author didn't have SOME talent, we wouldn't want to be writing fic in their universe in the first place. (Discounting spite fics, but those are relatively few in the grand scheme of things.)

Fanfic, hell fandom, is the business of fans for fans. The authors shouldn't be involved, except possibly as an anonymous spectator pointing and laughing. Or cringing and crying. Depending on the fandom.

If you leave the authors alone, you probably won't ever have to even know their opinion about fanfic anyway.

And we should leave the question of legality up to the lawyers that know what they're talking about.

[ten0rreaper]

about your tags on that reblog: here's a pretty recent article about "data laundering". copyright law is so complicated and rather outdated so i'd say that the ethics and the law are not the same here. models / notebooks have their own licences (artbreeder's tos states that generated images are owned by the user who generated them, and released under CC0 aka public domain, while simple stable states "any unauthorized use of these images for profit, monetary gains, and/or commercial means violates the terms of use", vqgan+clip doesn't mention the image licences at all, only the program itself being MIT). so yeah it's all up to interpretation which is really tricky — you could legally sell any artbreeder image, for example, but whether or not that's ethical is debatable. ideally (imo) the most restrictive copyright in the dataset should be inherited, as i think that'd be the most respectful way to handle these things (even though i believe copyright is quite flawed), but one could argue that the transformative nature of the training process (ie the original image isn't stored anywhere) renders that moot. it's a complicated issue, which is why it can never be successfully discussed on twitter with its 280 character limit -_-

That article you linked was super interesting. It definitely reflects a lot of the anxieties people seem to have around ai art- the farming of art for use and profit by businesses, possibly without your consent or knowledge. I also agree that copyright is extremely flawed and complicated. Just thinking about it’s long and continuing history of abuse is. Eugh.

When I brought that up, I was thinking of cases where, for example, a monkey owned a photo that it took, even though it had no knowledge of what it was doing or particularly cared. The line of thought I had- about what people who make ai art programs can own and how the legal system may react to it- was partially spurred on by seeing you talk about your own ventures in ai art. Who (according to the legal system) owns art that a machine makes, even if it’s generated based on scraps of other images? I feel like the impact of that question could be pretty huge, especially since I’ve seen discussions about how ai art may impact the careers of concept artists, for example. If your concept art is ai generated, who could use that concept art? Are there any rights for the people whose work was used in the ai program?

My thoughts absolutely don’t come from a place of legality = morality or “ai art is bad”, I think ai art is really cool honestly, and I want it to have a place in the world. Just… wondering what that place will end up being, and interested in seeing how it all will unfold.

[alexylim]

Personal Statement - JD with concentration in entertainment law, copyrights and IP property

Taking stock of my career to date, I have concluded that pursuing a Juris Doctor program with focus on entertainment law, copyrights and intellectual property, is my next logical learning progression that will bring my career to the next level. While still in High School and completing my baccalaureate in Electronic Music Production and Sound Design, I have taken several academic and professional engagements that not only built up my competencies, earned a Grammy this year for best music video, and consistently placed me in the Dean’s list at the Berklee College of Music in Boston, MA, On the side, I have learned to appreciate the creative significance and business implications of Intellectual Property (IP) and Copyright laws in my profession that have rooted my passion to become a legal practitioner in this direction., .

Looking back, I could not pinpoint the exact moment in time when I rooted my interest in music or the technical demands of music production.  All I can say is that music runs in my veins. Coming from an educated family with my mom a Doctor of Pharmacy and my dad a notable entrepreneur, I remember that music was always part of my life as there was no quiet moment in the house. There was always music around me weather someone in the family was playing an instrument or just listening to the radio or stereo system. As a migrant family taking refuge from civil war in Hungary, my parents rose above the acculturation demands in the United States.  I grew up as a send generation migrant influenced by the western cultural relationships and learning a second language that contributed to my morals and values of human rights, freedom of speech, and equality. These values would root my interest to become a lawyer.in the entertainment industry,

My parents recognized my talents early and brought me to take piano lessons, but I was more fascinated towards percussion instruments.  I was enrolled in ballroom dancing, drumming and DJ classes during high school, which made me realize that music was my life. Competing in Latin-American ballroom dancing and DJ’ing became my serious hobbies. Along the way, I was introduced to the idea that music is not only about giving reign to my talents as a performer,  but also giving it a more purposive dimension in entertaining, making people happy, and producing the music for commercial, and business ends. But there was more to it from a legal perspective.

By the time I was 10, I took my first DJ class where I earned a DJ Mixing, Production and Composition certification from Scratch DJ Academy.  As I worked on my electronic music production skills, I begged my father to study under world-famous record producer Professor Frank Rodriguez “El-Medico”. I barely turned 12 and was still in 5th grade when my father took me to the SAE Institute to meet him. As we entered the advisor’s office, he just glanced at me, almost ignoring me and then extended his hand to my father saying “Hello Alexander, nice to meet you”. My father and I looked at each other with a smile, and introduced me with “This is my son Alexander”. The look on advisor’s face was priceless. After the initial shock, he asked how old I was and if I had interest in taking classes at the institute. After interviewing me, he said, “Welcome to our college”. This was one of my most rewarding moments in my career journey.

After turning 12, I enrolled for an online program at the world renowned Berklee College of Music in Boston, MA, making me one of the youngest students to pursue a college education.  While completing college, I have performed before large audiences worldwide at numerous festivals such as SXSW Austin, Miami Music Week, Exit Music Festival Europe, Groove Cruise Los Angeles, and SunFest West Palm Beach.  Given these successes, I was recognized as among the world’s top 10 DJ’s and landed as a guest DJ for Ellen DeGeneres.  I then worked closely with Vanilla Ice and was a guest DJ for the 3 seasons on his TV show, Vanilla Ice Project. I also collaborated with many major brands like The Gap, Susan Komen, Captain Morgan, Groove Cruise, and others.

As an artist, I had thought that giving reign to my musical talents was enough to entertain an audience, whether on the radio airplay, a concert stage, or an album in a home entertainment system.  That was clearly not enough in the real world. .Even a mere 20-second commercial jingle advertising a product or service was not so simple. Over the last 8 years, I have regularly released original music that grew my knowledge and competencies from novice to become a professional. Along the way, I have dealt with music publishers involving content protection, copyright and infringement issues, distribution and performance rights, and contracts, among others. My extensive work experience as an artist working for a record label has given me a firmer grasp into the real-world commercialization of talents, the business, and the laws meant to protect the artists, music labels, and independent producers.            

Learning about the various facets of the entertainment industry attracted me towards the various career possibilities. In particular, I was drawn to the process of agreements, copyrights, contracts, publishing, and distribution between talents and a record label like Universal Music, Sony Music, and Virgin Records. Having completed relevant college courses in music technology, I learned to apply my technical wizardry, business communication and finance, as well as trends and strategies that prepared me to think critically and integrate finance and business management with talent management. But the one area that intrigued me most was the legalities behind the music industry. I saw how talents and the business could easily go to waste if not protected by law. I saw how much more work needs to be done not only to protect the rights of artists, but also ensure that they earn equitably with music producers and distributors. This has become even more compelling with online access to musical content, opening  more opportunities for illegal music downloads that deprive artists and producers of their due income. I have become more determined to address these issues after my internship at the Remote Control Productions in Los Angeles last January. I was exposed to legal aspects involving copyrights and royalties and the need to have strong legal understanding of corporate entertainment law, a field that I am now determined to pursue as my career.

At this point in my education, I know I still have so much to learn to bring my career to where I can find the fulfillment I seek as a consummate musician with a solid grounding in the laws governing the entertainment industry. I am already 18 years old facing the challenge of blending my musical experience with Law and making a profound difference in the entertainment industry. With some due diligence on my postgraduate learning options, I have decided to put my career future at the hands of ______________________ [name of university] and become a corporate and entertainment lawyer.  Insert the sentence (s) here corresponding to the choice of university.  Its extensive curriculum dovetails perfectly with my interest to acquire the skills to succeed in a legal practice providing legal counsel and representation to artists and companies, building their confidence that they are in good hands in contract negotiations, business deals, copyrights and intellectual property compliance.

Ultimately, with a view to giving back to society what I have been fortunate to gain in building my career, I see myself as a legal luminary supporting the entertainment industry and fostering justice among artists, producers, and consumers. I am elated at the prospect of sharing my insights with students in the program while learning from them for a mutually enriching Juris Doctor experience. I hope to commence the program in time for fall enrollment this year.  

 University Choices

(1)  University of Florida

I am particularly impressed with its stated commitment to the highest standards of the legal profession through the advisement of legal scholarship to best serve the public in promoting justice.  (No need to farther expound on something the admissions committee members are well aware of. You would just insult their intelligence. )

(2)  UCLA

I am particularly impressed with its stated primary purpose as a public research university that creates preserves, distributes and applies knowledge for the betterment of our global society through teaching and scholarship in developing successive generations of leaders with skills and commitment to legal and social engagements. (No need to farther expound on something the admissions committee members are well aware of. You would just insult their intelligence. )

(3)  Loyola Marymount University

I am particularly impressed with its goals as a Catholic Institution under the Jesuit and Marymount traditions carrying out its mission to maintain academic excellence in the instruction of law and promote legal scholarship and research in the context of academic freedom. (No need to farther expound on something the admissions committee members are well aware of. You would just insult their intelligence. )

Pepperdine University

I am particularly impressed with its Christian values in providing high-quality legal education that emphasizes the highest principals in ethical conduct and professional responsibility enabling them to assume future positions in the legal field.  (No need to farther expound on something the admissions committee members are well aware of. You would just insult their intelligence. )

(4)  University Southern of California Gould

I am particularly impressed with its mission in enriching enrich human knowledge and the principles of justice through exceptional scholarship that enable graduates to become future legal eagles who can address injustices in our community. . (No need to farther expound on something the admissions committee members are well aware of. You would just insult their intelligence. )

Chapman University, LA

I am particularly impressed with its mission in transforming qualified students to become multidimensional thinkers in the legal profession and thrive in a challenging world. (No need to further expound on something the admissions committee members are well aware of from their website. You would just insult their intelligence. )

(5)  California Western

I am particularly impressed with its stated commitment in using the law to prevent and solve human and social issues by mounting high level of scholarship to develop ethical, competent, and compassionate lawyers in fostering equitable justice. (No need to further expound on something the admissions committee members are well aware of from their website. You would just insult their intelligence. )

(6)  Brooklyn Law School

I am particularly impressed with its commitment to contribute to the advancement of our understanding of law, legal institutions, and society through a community of outstanding legal scholars, professors, and graduates who are among the best and the brightest in the legal profession. (No need to further expound on something the admissions committee members are well aware of from their website. You would just insult their intelligence. )

(7)  Georgetown College

I am particularly impressed with the fact that it is the nation’s first Catholic institution of higher learning committed to the Jesuit traditions of an integrated education and  research in the liberal arts, humanities, languages, sciences, and social sciences, harnessing local and international resources to achieve its mission. (No need to further expound on something the admissions committee members are well aware of from their website. You would just insult their intelligence. )

(8)  Penn State  Law

I am particularly impressed with its mission to educate students in an inclusive campus, promoting the highest levels of scholarship that will transform them to become responsive practitioners addressing legal and social needs within the country’s legal profession and justice system. (No need to further expound on something the admissions committee members are well aware of from their website. You would just insult their intelligence. )

[brockli3]

Just How Negative SEO Functions

The technique of SEO, is recognized by many internet-based firms. Particularly in today's Internet, in which gain access to is supervised nearly completely by an internet search engine like Google, Yahoo, and Microsoft's Bing, being able to optimize your web page to achieve a high position is synonymous with success. The methods related to optimization, such as sharing web links, meta tag usage, cautious use of keyword web content, and a decent website map for search engines to crawl, are vital for any kind of budding Net entrepreneur who wishes to make money at it. Certainly, these methods are also essential for a well-established business that merely wish to reinforce their internet presence in a competitive market.

Why Make Use Of Negative SEO?

Any kind of effective service is most likely to become the target of adverse testimonials, strikes, and even outright smears, from disgruntled consumers, competitors, or individual adversaries. If an adverse testimonial is integrated with efficient SEO, it can properly make the front web page of Google or an additional online search engine (SE) when potential consumers search for your firm. Having such a highly-ranked negative evaluation out there is, undoubtedly, poor for your brand photo. That's where negative SEO backlinks methods originate from. Words "unfavorable" has less to do with any kind of idea of "aggressive" or "combative" and also extra to do with decreasing a page's online search engine positions. Instead of SEO, Negative SEO is much more like internet search engine diminishment.

Various Other Types of Negative SEO

Simply to be clear, these techniques aren't the only methods negative SEO can be done, nor is it always done to effect a competitor. This essence of this strategy is to function at hiding negative comments and websites (such as bad BBB documents, or upset customer blog posts) by concurrently functioning to decrease the ranking of these "unfavorable" websites while likewise attempting to push more "friendly" sites above them in the rankings.

1) Tattletale - It is prohibited to purchase web links from other reputable websites, to hide links by themselves site or any among a hundred various other points. By informing an internet search engine that your competitor did something forbidden, they can be penalized.

2) Insulation - By creating a lot of positive write-ups for your web site or item and then running favorable SEO methods on each one, they can push the unfavorable evaluation down in the rankings.

3) Copyright Takedown Notice - If you alert a SE that an annoying website is in breach of copyright, the online search engine is needed to remove it from its positions for ten days, no questions asked. This can be a way to rebuild your online reputation, yet be careful. Unlawful copyright takedown notices can be grounds for a claim.

4) Duplicating Material - If your website is currently much more SE pleasant, you can release a duplicate of the unfavorable post or website to your internet site. If 2 or more web pages have the very same details, many SEs automatically "prefer" the higher-ranked web pages (which ought to generally adversely affect the positions of the "other" page).

What's the Difference Between Standard Negative Ad Campaigns as well as Negative SEO?

Ad campaigns can obtain nasty. And also currently we have the Web opening up all kinds of brand-new means to get even nastier.

Just because a new avenue has been opened up to us, does that mean we instantly have to take it? Does that mean we instantly have to examine the limits of the law, the algorithms, or the limits of honest methods? In brief ... no.

The standard negative advertising campaign has been around for as long as there have been numerous celebrations promoting multiple items. It's an all-natural outgrowth of having two products that are so similar you can not convince anyone you have obtained something better, so you attempt to convince everyone that they have got something even worse.

We see this a great deal in national politics ... we even expect it. It is still done in various other markets fairly usually. However they take care to use a specific amount of tact, or danger having it backfire or attract lawful consequences.

As well as now we've got the Internet making brand-new techniques of negative marketing campaign feasible. And several of the SEO's with a particular feeling of moral compassion are doing their best to take advantage of them.

Search Engine Optimization, or SEO, has had to do with discovering the internet search engine techniques or rules to discern what it will take to move a site to the top of the online search engine outcomes. It needs careful monitoring as well as rigorous adherence to the rules to successfully (and ethically) position an offered internet site.

Of program, as some companies learn the guidelines as well as methods to fairly perform Search Engine Optimization, they start to find some techniques. As well as from the techniques they discover technicalities. As well as these technicalities provide the means to unnaturally control the results. These techniques were jointly classified black-hat Search Engine Optimization, as well as the online search engine, do every little thing they can to discover these practices, consisting of punishing a site and even banning it outright.

However, it is particularly as a result of these procedures that a brand-new form of underhanded Search Engine Optimization has cropped up - normally referred to as Negative SEO.

Negative SEO, like a standard adverse marketing campaign, is everything about tearing down others rather than building yourself up. Negative SEO can be available in several forms, every one of which has the function of doing severe damage to someone else.

Numerous of these practices are just harmful, while some of them result from brand-new search engine policies (like in the case of Google Bowling). These techniques include performing black-hat Search Engine Optimization - not for your very own site, however for your competitors' site.

Does this function? Some say yes, others no. Google itself says: "There's virtually absolutely nothing a rival can do to damage your position or have your website eliminated from our index."

Of course, there's something dubious concerning that "almost" as well as unethical Search Engine Optimization have acquired it as proof that it can be done (although it more than likely refers to destructive hacker assaults and also identity theft than it does search engine results manipulation).

So what is the difference between typical negative marketing campaigns as well as negative SEO?

One: some laws control aspersion and also libel that secures the desired victim from standard projects. You do not have that high-end against negative SEO. All you can do is wish the search engine in some way has you covered.

Two: traditional campaigns attempt to persuade viewpoint. Negative SEO efforts to get rid of a competitor from the running. You can not select to overlook negative ads as well as click their internet site if there isn't a website to click.

As the Internet remains to progress, these new and unethical techniques will continue to appear. The choice constantly remains the same: do you want to make yourself much better, or tear others down?

[jaynearmesiln3001propractice]

                                     Their Website: https://theaoi.com/

AOI was established in 1973, their aim is to maintain the illustration industry, by uniting illustrators and the industry with education, promotion and campaigning to “achieve a thriving industry for all.” They represent a voice for independent illustrators, protecting their rights and creating ethical standards within the industry. 

The lecture was with Rachel Hill (membership manager), she covered a range of information, some of which I have covered slightly on this blog. But I will start with the benefits of joining the AOI, and prices. The AOI help with networking, and have a page on their website dedicated to upcoming events. When you become a member you gain access to exclusive resources that are very valuable and helpful. Once you leave uni, getting the support and advice you need can be hard, but the AOI offer these services. You receive dedicated help by email or by phone 24/7. They can advise you with forming contracts, negotiations and professional practice. Once a member you also receive discounts on their publications, directories, as well as a free magazine subscription. They offer portfolio reviews and feedback and business consultations with professionals. The best time to become a member is now, as the student discount is £56 per year, £4.80 a month. They also conduct a competition called the World Illustration Award (WIA), where the top 200 entrants are sent out to commissioners worldwide.

Their Publications:

- THE ILLUSTRATOR’S GUIDE TO LAW AND BUSINESS PRACTICE BY SIMON STERN

- THE EDITORIAL DIRECTORY

- THE ADVERTISING DIRECTORY

- THE PUBLISHING DIRECTORY

- ALL DIRECTORIES

The Lecture

Self-promotion

- keep your self promotional websites and social media, simple, clean and to the point, Let your work speak for itself, this means thinking about what work you’d like to be commissioned for and making sure your work reflects it. keep your work within one style, otherwise it can be confusing for clients. -Make sure your website works on mobiles, as this is the most common way people will find you. People rarely browse social media on their computers.  Clients and commissioners are not always a huge fan of contact forms, so include an option for direct emails or phone calls. Cut out the middle-man.  

Finding Clients 

- Rachel Hill suggests to study the industry and find your niche, creating dream client lists can help you find your desired specific area in illustration.  - She also suggests to buy directories, which are full on client contacts, that want to be contacted. I have linked these books above and the AOI sells one for each industry sector for illustration. Make sure you are contacting people for valid reasons, do not send blanket emails, these are now against the law. When emailing avoid starting with “Dear sir/madam”, this feels impersonal and can come across as a scam/spam email. Find their name and make sure to introduce yourself, including a link to your website. Your email can include some images, we are all visual people, and like to see pictures.  - try posting physical items to commissioners. Again make sure it’s addressed to a specific individual usually an art director; easily found on LinkedIn. This is something I am already working on, as I am creating a calendar to send to Phil Cleaver. If this is something i want to be do on a more regularly, then postcards work well and are cheaper to send and produce. Make sure my name and contact details are on the front of the postcard. 

Business 

- Register with HMRC as self-employed no later than October 5th in your second year of working, this is the latest date but can be done before.  - File your self assessment  tax form by the end of January.  - Keep up to date with accounts or else you will be swamped before your deadline. Keep all receipts, invoices and contracts from every job. 

Social Media

social media is FREE advertising, so make the most of it.  Twitter - it’s recommended as a freelancer to have a twitter account. Having a sense of community can make the worklife feel less lonely and garner support from all over the world. Though be careful not to rant about bad experiences, these rants can be damaging and cost you future clients. Instead the AOI can help you deal with these issues privately. Make sure you do NOT post about projects that have yet been released to the public. Companies will try to sue you, unless previously discussed and agreed with.  Instagram  - Instagram is also great as its a visual platform, but make sure to keep personal and professional accounts separate. Make sure to use the stories function on instagram to draw people to your profile, and give some behind the scenes footage. Social media algorithms love consistent and constant uploads, so aim to post regularly, minimum twice a week. Also try to invest time into interacting with your followers. It is recommended that 30 minutes a day will keep you relevant enough for the algorithm to promote you. Make sure your instagram account is on ‘business’. 

Rights

When you produce an image, you have the copyright through your lifetime + 70 years after that. You cannot copyright a style, technique or idea only the image itself. This includes all creative fields including photography, so make sure to use multiple images for reference, as even an illustration or graphic portrait can be traced back to the original source. The main case study she uses to express the legal issues with this is the Hope, Obey artwork (below) where clearly the illustration was traced. This lead to a legal battle where the photographer of the original image won, and asked for a significant sum of money. Keep your work as unique as possible; stick to your niche, the more generic the greater the risk for infringement. Fanart is also discouraged for a similar reason. 

- Try to avoid a client that asks for copyright assignment. You will lose all rights to your work, and the client will be able to use the image for whatever they like, without further payment or permission. Try to work on a licensing basis, it gives the clients everything they need, whilst keeping your work safe from any unwanted changed, or applications. The AOI can help with licensing, and offer a downloadable PDF that you can fill out and send to the client. 

Moral rights waiver - is automatic to you, but can be waived. A specimen form of waiver by which the author of a copyright literary, dramatic, musical or artistic work, or the director of a copyright film, waives his rights to be identified as the author or director of the work in question and/or his right to object to derogatory treatment of the work.

Right of paternity - The right to be identified, known as the right of paternity, applies to the creators of original literary, dramatic, musical or artistic works. Your work is yours, and is identified with you.

Right of Integrity - The right of integrity protects artists from having their copyrighted works altered in such a fashion as to constitute a "distortion" or "mutilation" of the original work, or in a way that harms the author's reputation or honour.

- When uploading your work online, make sure it is in a lower dpi (72) and your name is apart of the file name, so that your work can be linked to you. But beware some sites such as facebook and pinterest strip all file names, so this link is lost. Also Society6 get the rights to your image, and can then use the image for themselves, so stay away. 

Contracts

Contracts are legally binding, they give clarity and show professionalism. They also act as evidence if there are any disputes between the creator and clients and can be used in court. There are two main types on contacts, verbal contacts that usually take place over the phone, and paper contracts, that are more black and white and in my opinion the one i feel most comfortable with. When a client come to you with a contract it will usually favour them, but it is normal to negotiate and bring them in your favour. This can only happen if you have not yet signed a contract, as afterwards they are non-negotiable. You should always have a contract, it is a good habit to get into, just incase. The AOI also offer a template agreement for clients that don’t have their own contracts. The AOI template is a silent agreement, which the client does not have to sign, they just have to respond if the agreement is okay.  Make sure to keep your end of the bargain, and keep on time with deadlines. The license start date is the date in which the client can start using the image, they cannot use it before this date. Make sure to use words like ‘ONLY’ and ‘EXCLUSIVE’, as it emphasises that they cannot use the images for anything else, and its only them that can use it. Things to look out for are copyright assignment, moral rights waiver and irrevocable licenses, always question these motives and get them removed before signing anything. 

Crucial clauses

- Always make sure payment is defined, how and when you’ll be paid. If your working for a large sum on money, make sure this payment is in stages, it ensures you are paid before moving onto the next steps, and if a project falls through last minute, you have at least been paid previously. These stages can be split between, roughs, amends, and final artwork. Allow 3 amends before charging further.  - Termination clause is needed in case something goes wrong and you wish to terminate. Cancellation is when a project doesn’t go ahead but it isn’t your fault. It also ensures payment up to the stage you have work until.  - Sub-licensing sections mean that if a new deal is negotiated regarding your illustrations, you can recieve more money. For example a children’s book, turns into a film.  - Make sure that you get to finish your work. Sometime companies get one illustrator to do roughs and another to finish them. This is not okay and should be avoided, as it complicated your rights as the copyright owner and payment. 

Negotiation and Payments

When negotiating prices and figures with clients try not to give ball-park figures, and do not accept these either. Push the clients (nicely) to give all details before signing anything, this is crucial to figuring out if you still want the job and if it’s right for you. Address clients like this: “Before I can quote I will need more details....”. Clients may also ask you for your day rate; illustrators do not work on a day rate so Rachel suggests that in response send the licensing agreement.  clients know how to get what they want, they often use tactic such as “we are looking at 3 other illustrators” to make you lower your price. Though don’t feel pressured by this, work for what you feel comfortable with. Working for low prices or for free undermines the illustration industry, as well as your future career and potential income. These big companies have the money to pay you, and often it is within their budget, so don’t let them pin illustrators against each other.  Fees change depending on a variety of reasons. The size of the artwork, where it will be seen, how long they are using it, what the exact usage is, how many illustrations. Softer considerations include, the clients industry; business and finance has a lot more money than education. This also applies to products ie an expensive whisky bottle. Make sure to do background research, this may help inform you on fees, budget and reach of audience. The AOI does offer a pricing calculator, and is only available to members. A good guideline for annual income is London’s living wage £18,700 when first starting, This can be increased after 1-3 years of freelancing to £20K-£25K. Make sure when pricing you consider you outgoings ie, software fees, rent, internet bills and general spendings. Keep track of your money! Average annual income per sector:

Editorial - £20K Advertising - £35K Publishing - £25K Products and Packaging - £22K Corporate - £25K 

Advertising - There are two types of advertising, above the line (magazines, newspapers, billboards etc) and below the line (their sites, social media, in house). Above the line means clients have paid for a the space. the term out of home (OOH) means use in public spaces, these are very valuable. Online adverts and social media posts are below the line and are less valuable. The larger the audience the more you can charge. 

Products and Packaging - payment will depend on the size of the company and the exposure. Background information is key, know the price of the product and its target market. It will give you an indication to the profits of the company and how much budget they have. 

Publishing - You get money for the initial illustrations, but then royalties once the book is sold. This works as a percentage of each book sold and ranges from 5-10% depending on if you also wrote the book. Advance fee which is based on the size of the publisher and the territory it is sold. It is advised that if a self-publisher approaches you, to only ask for a flat fee, as often royalties aren't worth the risk with them. Samples and pitches should be paid for a licence too. Uk licence, single use, illustration for client sample presentation use only £X amount. Additional fees should be added for amends, and if there's a quick turnaround (rush fee) make sure you increase you price, the work you put in should be respected, especially when having to work unsociable hours to rush a deadline (ie. a children’s book in 3 weeks). 

[duaneodavila]

AI & The Practice Of Law At The Crossroads: Where Are We Going?

Okay, I know. This is probably the umpteenth recent article that has come across your desk regarding this topic. The perspectives range from doomsayers, “Adapt or Perish,” and the ponderous, “What happens next?”  What I’d like to address in this article, however, is not just the future of AI but the professional ethics implications – and not solely in the “might be” or “could be” context, but more in the “you-have-already-violated-the-rules” context.  >Smile< Don’t worry this won’t hurt a bit and I won’t tell your firm’s insurance coverage carrier. The good news? There is still time to fix things because, if you’re reading this, you’re probably still in practice and your client doesn’t realize what you did because you haven’t either.

I am not going to talk about what AI is or how it works because as I mentioned, those articles are out there. I am not going to say whether it is a game changer, a life-saver, or a gateway to allowing non-practitioners into the practice of law (and frankly they are already out there, surprise!). I also am not going to talk about AI in e-discovery because that horse left the barn, charged the hill and has received the blessings of the judiciary (as well as the previously overtaxed paralegals and associates).  What I do want to talk about are the potential repercussions of the AI you are using now – all those super keen tools that are being used by your office to create documents and analyze data that you in-turn submit to the court or your clients. Here is where the various issues may lie.

The Model Rules of Professional Conduct were adopted in 1983 and have had periodic amendments since that time.[1] Probably the most relevant amendment to my discussion is the comment 8 to Rule 1.1 which was added in 2012 and has been adopted by 35 of the state bar associations.[2] At least a couple of articles that have been published on the advancements of Artificial Intelligence in the Legal Profession (I find that a bit of an oxymoron, but I digress) have  advocated a Rules Revamp with a sharp eye on the impact AI may have on the practice of law.[3]

Comment 8 states that “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.[4]

This is the only provision in the Rules that requires any kind of technological savvy or degree of knowledge by a lawyer. While it does not go on to specify what constitutes “requisite knowledge and skill,” I do not think many would disagree with me when I say that, currently, there is a dearth of requisite knowledge and skill when it comes to using and understanding the technology of everyday practice.

For example, we have become so thrilled with the “Google-lization” of searching for cases that when we get our results, rarely do we look to see, and sometimes we can’t even really tell, how our search terms determined a case to be more relevant than another. At an AALL conference several years back, I warned that Westlaw Next was the ruination of legal research as we knew it. I was right, but I didn’t realize then that it would change the research of law to the satisficing of law.[5]

Now, we are searching without really giving much thought to the search, and when we get a case that’s simply passably close to what we need, we take it and leave. But we do so without thinking or even knowing what the pre-filters are in our search. Forget about the algorithms. Those change weekly, according to some who have studied the searches more in-depth than I have.[6]  Ultimately, we don’t know what the search engine is doing or how it parses out the search and gives us results. We are just happy to have results that answer our question and off we go. This is a clear breach of Rule 1.1 Comment 8. We have no transparency and based upon what we know about the Big Vendors, we aren’t going to be getting any soon. Some of you may shrug and say it’s de minimis, but sitting judges are wondering why we are missing precedential cases to our clients’ issues.[7]

As to the contract- and pleading-generating AI programs that are out there – I have to admit, they are amazing. I said it. But, are these programs so amazing that they would result in law firms no longer needing associates? Moreover,, if law firms do continue utilizing associates, there is the distinct possibility that they will use these devices to their and their law firm’s peril. Why? Because even though they are digital natives, they still need to understand the foundational basis of the work that they do and they really don’t get that by, say, grabbing a complaint, and feeding it into a software system that spits out a completed pleading or contract without any thought process whatsoever from the associate. The phrase “a trained monkey could do your job” comes to mind in such a scenario. If that does become the case, these created documents and all permutations thereof are not covered under the Attorney Work Product Doctrine (reminder it’s a work product not word process  doctrine), and as such, in the event of any lawsuit in our around the matter of those documents, they would all be up for grabs in a Discovery demand.

We also need to protect against the violation of client information, as outlined in Rule 1.6.[8] Some firms do indeed have amazing Risk Assessment Departments that look at every species of software that comes in and think about how it will expose the firm to risk; particularly the risk of being sued by their client. Many firms maintain retainer agreements, which could last for years depending on the duration of a transaction or lawsuit, with their clients. About 5 or 6 years ago, and perhaps even before, when cloud computing was fresh and new and completely hackable, many of our clients had do-not-share provisions (DNS) in the client agreements. But now, when we are fully immersed in the  world of super fast document-generating, analysis-analyzing AI systems, we’re pushing out stuff to the cloud without thought or consideration of such agreements. As such, it could be argued that we should be updating our client agreements to eliminate that DNS provision since so little attention is being paid to them. No one speaks of it, but when I have asked attorneys if their client restricts them from sharing documents beyond office walls, “Of course!” is the constant reply. If that’s the case, attorneys better check what their software does vis a vis that DNS…otherwise, they could be facing violations of Rule 1.6, Rule 1.1 and potentially, Rule 5.5.[9]

Rule 5.5 violation is admittedly a bit of a reach, but it is worth mentioning. First, under the auspices of Citizen’s United, corporations were determined to be people too. Then, Hobby Lobby determined that corporations also had moral compasses.  Next, a recent article showed how AI-driven software could feasibly run an LLC.[10] Well, if corporations can be all these things, they can practice law unlawfully by generating contracts and other agreements or drafting pleadings to be filed with a Court in a matter.[11] The software can do this now, and yes, it requires input from a person, but what if that person isn’t a lawyer? There is the supervision provision protection, but we are very close to seeing a machine do it all, and as harried as the associates and even paralegals seem to be to get work done in a timely fashion, it is not inconceivable for that supervision to lapse.

I would have to yield to the charge that much of this is, in fact, speculation. After all, the courts have themselves ruled that they have the power to regulate the practice of law, but concede they have the damnedest time identifying what the practice of law is.[12]

However, it should also be noted that much of this off-to-the-races talk about AI seems to not hold up on the business (read: client) side.[13] The legal profession is sliding down that slope whether it realizes it or not, or really, wants it or not. What the profession must do, and those of us that are members of the vanguard of that profession (law librarians, managers, directors, IT directors in law firms, and members of law firms’ Risk Assessment teams) must pay the strictest attention to all the implications and exact information from vendors on how exactly their AI programs work – what does it take and where does it take it to? What are the major factors and pre-filters running in the algorithm for search and is the data extracted kept? Shared? Stored?

Failing this, the legal profession is in peril and  will fall on its own sword as a result of the AI it welcomed into its realm.

  Rita Young, Esq., MLIS, is Legal & Business Research Analyst at K&L Gates in Pittsburgh.

  Notes:

[1] According to the Introductory/Title Page of the 2015 (copyrighted) version of the American Bar Association’s Model Rules of Professional Conduct, “[the Rules] …were adopted by the ABA House of Delegates on Agugust 2, 1983, and amended in 1987, 1990, 1991, 1992, 1993, 1994, 1995, 1997, 1998, 2000, 2002, 2003, 2007, 2009 and 20012 and 2013.” [2] Robert J. Ambrogi is tracking the “Tech Competence” Duty on his lawsitesblog. com. You can find it here. [3] See for example, Katherine Medianik, Artificially Intelligent Lawyers: Updating the Model Rules of Professional Conduct in Accordance with the New Technological Era, 39 Cardozo L. Rev. 1497 (2018) and Ethical Use of Artificial Intelligence in the Legal Industry: The Rules of Professional Conduct, American Bankruptcy Institute reposting of the article initially appearing in its Emerging Industries and Technology Committee Newsletter, March 2018. [4] Comments to Rule 1.1 of the Rules of Professional Conduct, American Bar Association, accessed here: “ Maintaining Competence [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” [5] Satisficing: General: Aiming to achieve only satisfactory results because the satisfactory position is familiar, hassle-free, and secure, whereas aiming for the best-achievable result would call for costs, effort, and incurring of risks. Accessed here. [6]See, Professor Susan Nevelow Mart’s Results may vary in legal research databases, ABA Journal, March 2018 here, and note the Clarification at the bottom of the first page of her article. Professor Nevelow Mart’s study of the differences in the vendor databases is well-known among law librarians and she presented facets of her work at the most recent AALL Conference in Baltimore, July 2018. [7] See generally, Bob Ambrogi’s article, “In Survey, Judges Say Lawyers’ Incomplete Research Impacts Case Outcomes, June 7, 2018, accessible here. [8] Rule 1.6: Confidentiality of Information: (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services; (3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services; (4) to secure legal advice about the lawyer’s compliance with these Rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client; (6) to comply with other law or a court order; or (7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client. (c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. From: American Bar Association, Rules of Professional responsibility, accessed here. [9] Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law: (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so. Accessed here. [10] See, Generally, Bayern, The Implications of Modern Business Entity Law for the Regulation of Autonomous Systems, 19 Stan. Tech. L. Rev. 93 (2015) [11] While some may argue, and reasonably so, that the profession is protected against such notions by well-established black-letter law, (See, e.g, RESTATEMENT (THIRD) OF AGENCY § 1.04 cmt. e (2006) (“[A] computer program is not capable of acting as a principal or an agent as defined by the common law. At present, computer programs are instrumentalities of the persons who use them. If a program malfunctions even in ways unanticipated by its designer or user, the legal consequences for the person who uses it are no different than the consequences stemming from the malfunction of any other type of instrumentality.”).[Emphasis added]), this author argues that in THIS time of 2018 the instrumentalities now construct documents based on algorithmic comparisons of other similar type documents and standardized forms in mass quantities. Absent a strict oversight of output, a “glitch” could produce epic consequences for a client. Consider an error in a Choice of Law or Choice of Forum clause in a batch contract creation. [12] The Missouri Supreme Court has repeatedly emphasized that the “judicial branch of government has the power to regulate the practice of law.” In re Thompson, 574 S.W.2d 365, 366 (Mo.1978) (en banc) (citing In re Richards, 333 Mo. 907, 63 S.W.2d 672 (1933) (en banc)). When applying Missouri’s unauthorized practice of law statute, the Missouri Supreme Court has written: This [statutory] definition of “law business” …. is adequate for the issue before us, [but] it should also be noted that it is impossible to lay down an exhaustive definition of ” the practice of law.” … In any event, the General Assembly may only assist the judiciary by providing penalties for the unauthorized practice of law, the ultimate definition of which is always within the province of this Court. Janson v. LegalZoom.com, Inc., 802 F.Supp.2d 1053, 1058-59 (W.D. Mo. 2011), quoting In re First Escrow, Inc., 840 S.W.2d 839, 843 n. 6, 7 (Mo.1992) [13] Four out of 10 executives are concerned about the legal and regulatory risks of artificial intelligence, according to a recent Deloitte survey. “Artifcial Intelligence: Useful—But Risky, Deloitte Survey Says” Legal Tech News, Victoria Hudgins | November 05, 2018.

AI & The Practice Of Law At The Crossroads: Where Are We Going? republished via Above the Law

[inchhaj]

The Menace of Mechanical Music

In The Menace of Mechanical Music, John Sousa shares his thoughts on the different music making machines and his fears of cultural degradation for America, and its music. He begins his article by introducing these new mechanical devices as  music playing devices that are “in substitute for human skill, intelligence and soul,” that turn the expression of music into a mathematical system. Sousa warns the reader that the replication of these music machines will have serious affects on American music culture. He then gives some credit to developers of these remarkable devices but then goes on to say that although they can be very beneficial for the abilities of a musical artist, they will not inspire the artist to create music like that of legendary musicians such as Beethoven or Mozart. In his argument, Sousa explains that this ‘menace’ of a machine is assisting the decline of music in Great Britain, as well as replacing the amateurs and professional teachers in the industry. “The child becomes indifferent to practice, for when music can be heard in the homes without a labor of study and close application, and without the slow process of acquiring a technic, it will be simple a question of time when the amateur disappears entirely, and with him a host of vocal and instrumental teachers, who will be without field or calling” (4). As the developers of these devices continue to produce machine music for all occasions they are increasing the poisonous ways of the whole system, according the Sousa. Throughout his article, Sousa include multiple pictures that depict these machines influencing many parts of the readers day to day lives. In one picture he shows a phonograph putting a baby to sleep, a gramophone accompanying a couple on a romantic canoe date. These pictures represent Sousa’s warnings of these devices taking over many parts of the American culture. Another presumption that he makes is a phonograph mounted on a war vehicle, playing music as it leads these soldiers to war.

Sousa then brings up another argument that shows the negative aspects of these devices: the composers of the music reproduced from these machines get no profit because of Copyright laws of the United States. He argues that the decisions made by the court are not fair to authors of these compositions. The new copyright bill that Sousa talks about are focused on the interests of the machines and the composers represented. This new bill allows for the reproduction of these machines to reproduce an entire work, or just part of it. Sousa explains that by having this ability, the machine seizes the artist’s compositions, portraying the owner of that machine responsible for the music played. He then goes on to question how the powerful corporations behind these machines are okay with the moral and ethical issues involved in taking and reproducing an artist's compositions, then denying them any financial returns, disguising the disk or roll containing the music as their own.

In The Industrialization of Music, Frith writes about music in the form of an industry rather than a commodity in relation to how much money can change a new and fun emerging media into a regulated, normalized, and fetishized cash grab. The importance of this remains in it’s quite obvious relation to Sousa’s  writings mentioned prior. Very similar words and interpretations of the evolving system that has begun to run music throughout American culture, the music as an industry, are used by both Frith and Sousa and both hold very strong merits for this idea. Although Sousa focuses primarily on the machines that reproduce the music into oblivion, and Frith refers primarily to the idea that the industry itself is using popularity and what makes the most money to help define what is considered music, both are very set on the idea that these kinds acts in regards to music (the kinds of acts that attempt to produce music for the sake of producing it rather than for the sake of other’s being able to consume it and be inspired by it) are detrimental to music itself, as well as the society that builds itself  upon and exposes itself to music as much as America does. Money is what has driven this system of what used to be an idea of entertainment and innovation of the arts, into a self-interest driven scheme among men. Whatever makes the most money, or whoever makes them the most money, is who they want to fund. The rest of these creative individuals are left to fend for themselves and hope for some small exposure. However, knowing that they will never be at the top, creates a system of creators who don’t care about the craft any more than those who are at the top. There’s no incentive anymore to pour heart and soul into music, and it shows. Most people who sing, aren’t very good at singing, and most people who learn to play an instrument, aren’t very good at it either. In a world where you can fake performances and be mediocre at your craft and still be at the top, nobody wants to try anymore. Music is losing the aura it has once had, as any form of art. Both Frith and and Sousa would agree that this is in more cases than not,  detrimental to society. Regulation of music and over-production of the same format, producing the same thing over and over for the sake of monetary gain is creating a sense of inhumanity among people, and they don’t even realize it, at least in the eyes of Frith and Sousa.

Confessions of a DJ explores the stark reality of what it means to be a DJ in the modern world. DJs are often considered relatively small-time musicians who often go about their business unnoticed. This is due to a various reasons, but a large part of the reason is because it is harder to market mixes created by DJs than it is for completely original artists. That is not to say DJs do not create original work, rather they take bits and pieces from other artists’ work to create something that is unique in a different way. Intellectual property laws play a big part in what a DJ is able to accomplish because making their music legal can become very expensive very quickly. However, DJs still manage to become sponsored by companies to perform in exotic locations just for the sake of performing. The venues generate revenue from the sheer volume of people they are able to attract.Once a DJ has become known well enough it is not uncommon for them to receive offers from other artists to remix their songs. The quality of the music is not always the main focus of the remix, rather the artists just want “to attach a DJ’s name to theirs”. DJs perform to make music for the sake of making music, so the revenue is not always the artists’ priority. “The overall movement is toward more ways to share music (and ideas) with like-minded individuals”, instead of trying to market their music to everyone. Those who want to find a DJ’s music will do so some way or another, so a DJ might as well make their goods easier to obtain.

[erinbdoodles]

AOI - Business Masterclass

In today's session Rachel Hill, membership manager at Association of Illustrators (AOI for short), came in to conduct an illustration business masterclass - covering a variety of topics essential for practicing illustrators including licensing, copyright, contracts, negotiation, fees, business strategy etc. Essentially all the important legal and business aspects of freelance illustration and design.

AOI is basically a trade union for illustrators; it’s a professional body/agency that supports illustrators and campaigns for a fair and ethical working industry. They provide guidance and advice regarding licensing, contracts, negotiation and copyright. Aside from the business/financial aspect of the industry, they also offer networking opportunities, portfolio reviews and a multitude of events and masterclasses. Plus, they have a host of online resources - fact sheets, templates and even a fee calculator. Whilst the specialise in UK copyright law, members garner from across the globe! Any practicing illustrator can join!

Self Promotion

Firstly, we discussed self promotion - getting yourself out there and known! This begins with a website and active social media channels. They are required in this field of work! This is where clients often find you. Regarding a website, it is best to be clean, smooth and simple. It is important it is up and running and is easy to use. Using your real name is best practice i.e yourname.com or yourname.co.uk. This applies to social media as well. Your portfolio should be your homepage. The artwork is the most important thing. If you work in a variety of styles, separate them via different tabs. It is important that your website is consistent and accurately reflects your work as an illustrator - the work on your website is the work you’ll be commissioned for. It is what the client, art director, editor etc will expect/want. It must also work on mobiles and tablets as they are commonly used by art directors. Other tips include the use of animations and gifs to spark attention, show skillset, utilising and using personal projects to attract the work you want to do, don’t use super high resolution images (72 dpi suggested) and no contact forms - just your contact information and social media accounts.

Social media is an extremely necessary and useful tool. It’s essentially free advertising. Instagram is a great place to showcase your work. You can use hashtags, follow industry figures and other illustrators, create an audience/following etc. Post on your stories as less people are scrolling through their actual feeds.Whilst Instagram is often the platform in which work and clients generate, Twitter is also important. Twitter is arguably better for community due to the written element. You can chat with fellow illustrators and clients. Sometimes opportunities even show themselves - i.e people looking for illustrators! These social media accounts should be kept professional, purely for illustration work. They should also be consistent - the algorithm will favour this. Best practise is to use the platforms for at least an hour a day and post regularly/engage with others (like, comment etc). It may also be useful to turn accounts into business accounts to access statistics. Things to avoid include ranting about clients (it seems unprofessional and can put prospective clients off) and posting current client projects without explicit permission.

Sourcing Clients

Study the industry - research prospective clients, find your niche, research art directors and agencies. It is fundamental that you know the industry. It is a good idea to create a list of dream clients and research them; this will give you an idea of the work they commission, how to contact them etc. AOI and Bikinilist have directories of agencies and art directors, a great resource for illustrators. Linkedin is also an amazing resource.  This research will prove useful for self promotion! You can get in contact with potential clients. Don’t spam or send blanket emails - sending physical artwork through the post is a much more effective method. Afterall, it is a visual industry, say it with art! Ideally, you want them to keep it and think of you in the future when they are recruiting. A good tip is to budget for self promotion - it pays off

Copyright

Copyright is, in essence, the right to reproduce. You automatically retain copyright of your work - you don’t need to register it! This copyright can be assigned however (not recommended). It is important to note copyright doesn’t exist in a style or idea, but the physical thing. Using other’s photographs can infringe on copyright - it is best to use your own photos for reference or composite from a selection of photos. You also have moral rights to your work. These can also be waived (again, not recommended). These include rights of paternity - to be named as illustrator/creator, rights of integrity - your rights regarding your work being changed, namely negatively, and the right to have work falsely attributed to you. If any of these are in a contract - ask the clause to be struck. There are a few things you can do to protect your work from copyright infringement. These include naming your files (your name, year), adding ‘Copyright © Your Name, Year’ to the bottom of your website, using low resolution files online etc.

Licensing

Licensing is essentially the license to use and reproduce your artwork. Licensing includes

Territory - Which territory will the image be used in? UK or Worldwide.

Duration - How long will it be used for?

Usage - What exactly will it be used for? How many times? Above/Below the line?

Client - Who will be using it?

You still retain copyright - do not assign copyright, licensing can be extended/changed. Licensing also varies between industries i.e advertising, publishing etc.

Contracts and Negotiations

Firstly, GET A CONTRACT. Secondly, GET A WRITTEN CONTRACT. Thirdly, READ SAID CONTRACT. A written contract is the best way to protect yourself - it gives definitive proof should any issues/disputes arise, it is legally binding. It is always best to negotiate contracts, the contract is going to be in favour of the client. Protect your rights. Make sure the contract takes everything into account - fees, payment, licensing, usage, cancellation/termination. Look out for copyright assignment, moral rights, irrevocable and sub licensing. Don’t give a figure/quote until you have all of the information. No ‘ballpark’ figures. Otherwise you could be tied down to the initial fee, even if it is a bigger job than originally expected.

Fees and Finances

Register with HMRC, do your taxes! Keep all your receipts, contracts, invoices and keep a record of all your business finances and expenses. This can be both digitally - via excel spreadsheets or a specific accountancy app or physically - via a binder. Either way this record should be clear and accurate.

Fees are dependent on licensing not day/hourly rates. If a client asks this, politely inform them that your fee is determined by licensing and usage. The only times when hourly/daily rates are applicable is for murals, live drawing/painting and graphic design. Things to consider when pricing include -

Size of client

Area of client - i.e advertising, publishing, corporate, charity

License - how long they can use the artwork

Usage - how will they use the images, what platforms and how many

Territories - UK or Worldwide

Size/Quantity

Value of product - RRP

Also take into consideration annual income/expenses. You are a business - consider outgoings. DO NOT WORK FOR FREE. It undermines the industry and dismisses and disrespects your time and skill. It is a job, not a hobby. Don’t be afraid to turn down jobs if the pay is too low or non existent. Be wary of competitions too - sometimes they are trying to source free work! You can also charge extra fees where applicable - rush fees and amendment fees (put this in contract).

Top Tips

Be Business Savvy

Research! Research! Research! - know your field.

Take control of your career - personal projects, promotion, networking.

[adstellam]

A love note to readers, customers, and friends

February 24, 2020

Dear friends of ADSTELLAM (formerly Limeadestand Works),

Spring is a time of renewal and new beginning. In the Pacific Northwest, it also means a literal return of sunlight and green earth. As someone who has long experienced seasonal affective disorder, this is no small matter.

Twenty-nine years ago, in the early spring of 1991, the teenager me was studying the Bible and fundamentals of theology with my then-pastor in preparation for baptism, which was to take place on March 24 of that year, the Sunday before Easter. I made a promise to God and to myself that I will be a proclaimer of the truth. Although I had a vaguest idea how that might be, and my theology had greatly evolved since then (I was a Fundamental Baptist then, I am not now), I have not forgotten that commitment -- despite three decades of trials, errors, sidetracking, backsliding, and doing just about everything else.

Of course, this explains why, in 1997 I abruptly abandoned my college journalism major, relocated to Oregon, and attended a Bible college for some time -- a decision that made no sense to most people and made no sense to me shortly thereafter (considering I had already lost my faith in Evangelical Christianity shortly after I started at that school, and spent much of the subsequent 20 years between paganism and agnosticism).

A series of events that took place over the past several years and rethinking my core values and mission, I have began a process of realigning my activities this past year to do the right thing in God's eyes.

I give lots of thoughts on ethics and moral integrity (or lack thereof) in contemporary society and culture. Not necessarily in the way how some hateful Bible-thumpers twist the ideas of "morality," but rather, in a way how so much of what goes on in current politics, media, entertainment, commerce, and culture are there to leverage and weaponize privilege and reinforcing oppressive constructs that do injustice to marginalized humans, who are just as much of expressions of God's image as those privileged people for which our culture is geared towards.

When I first discovered Internet in 1995, I saw its potential as a tool of liberation: liberating knowledge and learning, giving voice and power of self-expression to the voiceless, and spreading the Gospel around the world, around-the-clock. But now, a quarter-century later, Internet and social media are cesspool of hatred, deceit, trolls, gossips, propaganda, and polarization on the one hand, and an orgy of "lifestyle businesses" and consumerism on the other hand. I no longer think the world is now a better place because we have Facebook, nor is social media a panacea for every ill of society.

First, Since 2016, I ran a small digital marketing and brand management company called Limeadestand Works, which was renamed last year mostly to avoid getting sued by a similarly-named entity but also because I felt that I wasn't taken seriously.

The truth be told, I was the one who really couldn't take it seriously any more. During the course of three and a half years in this industry, I saw good, bad, and ugly. I witnessed a proliferation of self-appointed "gurus", unqualified "coaches" and other charlatans teaching others how to run unethical and morally questionable businesses with a dubious promise of a six-figure income (if you've heard such buzzwords as "launch," "pain island to pleasure island," you know what I am talking about -- Jeff Walker's formula has become foundations of countless charlatans who exploit people's insecurity while positioning themselves as a cult-like authority by leveraging privilege and by shaming and gaslighting victims.). I became increasingly critical of this type of marketing practices over time.

I am here to lift up all people, especially the ones on the margins of society, who are discarded and failed by society--in particular in this age of Trumpism. At its onset, Limeadestand Works began in line with that value. But it got lost somewhere and I became, unwittingly or not, part of that evil.

I cannot continue this with good conscience.

Second, the industry landscape in brand communication and digital marketing has changed quite a bit over the last three years.

The Cambridge Analytica scandal shed light on deceptive and manipulative business practices of social media giants, leading politicians and governments to institute new regulations such as European Union General Data Protection Rule and California Consumer Privacy Act. Compliance with these new and emerging rules complicate my work as I do not have satisfactory resources to safeguard personal data of consumers around-the-clock nor do I have means to compel my clients to comply with these regulations. This means potential legal liability exposures for me, a risk I cannot afford to take. In addition, other emerging legal and regulatory changes on the horizon, such as a stricter enforcement of Americans with Disabilities Act on digital platforms (e.g., web site accessibility requirements), possible changes to copyright and IP laws, and potential watering down of Section 230 of the Communications Decency Act, present me with further complications when working with businesses.

The regulatory changes aside, the world of digital marketing is changing fast. Blog-centric content marketing, once the "king of traffic," has already lost its strength as people spend more time on social media on their smartphones and their attention span get shorter and shorter. These days more people go to a social media site before a search engine site. Most traffic now begins and ends at major social media platforms as most users go mobile and their online experiences are becoming confined to the "walled gardens" of social media apps. On the social media marketing front, the situation is less comforting. It is now almost entirely pay-to-play. Organic reach no longer has much power in attracting customers, so I cannot offer my clients any false hope about that; social media is not a substitute for a strategically placed paid advertisements.

The only exceptions to this trend are podcasts (such as Anchor, Soundcloud, and Spotify) and videos (such as YouTube and Vimeo), as they are still powerful and growing as people like passive media consumption that is entertaining and informative.

And most importantly, and something not many people are talking about now, is the overall loss of credibility in digital media -- mainly social media but also blogs, web sites, and online advertising. People are bombarded with online contents, misleading information, and disguised-as-native-content advertisements to the point where they are seeing them but not paying attention to them. And people are rightfully skeptical of online ads. After all, anyone can buy ads on Facebook or Google rather inexpensively, and these ads are neither memorable nor look authoritative. Lately, I began advising people to invest in traditional media such as print advertising and radio advertising because of this reason. Since the number of junk mailers have decreased overall, even bulk-mailed postcards get more attention than your next Facebook ad buy (especially if your business is hyperlocal). Ads on monthly magazines and local alternative weeklies have a far longer lifespan than your Twitter ad exposure, too. Even more importantly, print ads and radio ads look just more authoritative and credible -- you can differentiate yourself by making your business look more established and legitimate than every yahoo with a computer. I think traditional media will be here to stay and because of their inherent social function as curators of news and contents they will make a strong comeback when we are all sick and tired of this 24/7 information overload. (And yes, please buy newspaper subscriptions to support your local newsroom!)

Third, since the spring of 2019, I have contemplated of returning to ministry. After all, I did not decide to move to Oregon if not for attending a Bible college (and I also felt, at the time, Portland was more of a center of Christianity in the Pacific Northwest as it was home of Evangelist Luis Palau, Multnomah University, Western Seminary, George Fox University, the University of Portland, Concordia University, Warner Pacific University, Marylhurst University, and the Pamplin conglomerate that used to own a big Christian bookstore chain, two Christian music labels, and a Christian music radio station). And I had a brief and short-lived experience back in the mid-2000s as a church-planter.

If I had not lost faith (a long story) while in school, most likely I would have been in some kind of Christian media ministries either in a media production capacity or in a teaching capacity.

Over the past 10 months I have discerned my vision and learned various ways in which it could manifest itself.

The Spirit of God has impressed upon me numerous times that, as an autistic person (I have not been open about this, and "masking" has taken a significant toll on my mental health), I ought to go find a community there.

As I looked at a search engine looking for "autism +church" "autistic +religion" and so on, I noted the lack of resources except for a few geared toward church leadership on how to tolerate autistic children in their churches. Then there are pervasive stereotypes that all autistics are atheists, overlooking the fact that there are many who are highly religious (though may not necessarily be "spiritual" in a sense neurotypicals may think) and find comfort in the structures offered by faith communities and traditions. I learned more about this community through more recent scientific papers as well as interactions with autistic community online, and I also learned how much of anti-autistic misconceptions and ableist hate I had internalized over time.

This has become a large undertaking, a vision for one-of-its-kind ministries with global impact and potentials for evolving into something far bigger (and overwhelming!) than I had originally imagined. And this will take front and center of what I do, as it requires a lot of work, time, and more learning, as well as supporters both within and outside the autistic community.

I will share more about this if you are interested in this kind of thing, but for the sake of others who aren't, I will not bore you with further details.

This means I am making, effective immediately, following changes to ADSTELLAM's products and services:

As I had announced on Dec. 31, 2019, I am no longer taking business/corporate clients. This is also because of the aforementioned liability concerns.

Furthermore, I am no longer directly managing client brands or work as a digital marketing contractor for any client. In any case, I can only do so much and even the best of my advice can be disregarded as irrelevant to some clients as they unconsciously sabotage and undermine their own brands (sadly, there is no cure for stupidity).

My roles and service level will be limited to that of consulting on brands, with an emphasis on visual designs and consistent brand presentations, subconscious and implicit messaging, as well as ethical values and social impact associated with brands. Over time, this will shift toward educating individuals on branding and related topics. It is my goal to empower individuals and offer my insights as to current best practice and industry trends, in addition to creating and running an ethical, value-driven brand that makes positive impacts in the world.

As time and workload permit, I will continue to take copywriting and editing projects.

In the near future I may repurpose the ADSTELLAM brand for other activities, or as an "umbrella" brand, while rebranding this aspect of my business.

I will be more likely to recommend and refer people to other resources, books, videos, etc., by other brand experts.

A plan in the making is a new free podcast and subscribers-only educational contents, which will be priced affordably.

I know this may cause some alarm and discomfort with many of the people that I came in contact with and befriended in recent years. To some it may come as a surprise. They had met me when I was not particularly religious or spiritual, and when I was better known as a community activist.

[idashackell6-blog]

Politics & Government.

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[jorgeaninoc-blog]

How ethics relate to web development

Every profession has its own set of ethical guidelines which most of the professionals are expected to apply, honesty, morality, and ethics are important in every place, position or job. Ethics in web development is an important factor in every web application. Typically, because when you develop a web application, you must deal with how you will treat user’s information and what information is going to be presented to the user. Web developers can handle important information, so they must ensure the correct use of that information.

Encouraging instead of discouraging

As a web developer working for someone’s business you have the chance to encourage the use of the system you are developing. But, if you don’t follow ethical guidelines you can give that business a bad image and discourage the use of your system. The developer must keep in mind that his website will be available to all type of people.

Do not do what you do not want to be done

Every decision when developing software must be made thinking in the experience of the user, I believe that the developer must think in how he wouldn’t like his information to be used or shared to don’t apply that in his system. The user experience must be ethical, you must tell the user explicitly how, why and when their data can be used, and create terms of service which are rules one must agree to abide in order to use a service. In these terms of service, the web developer must let the user know the situations in which the system can use their data, and the user must agree that they will allow the system to use their data. These terms of service must be ethically written, avoid to try to cheat the user, and do not do what you do not want to be done.

Promoting ethical user experience

I believe that when applying ethics into a website, user’s feedback is important. Asking for opinions of how the user’s data is handled in your system is essential, because the user is the one who is asked to share his/her data, and they may prefer certain methods to give their data, this to be ensured that their data won’t be used incorrectly, and the web developer must let the user know that their data is secure. The developer must make the correct questions to the user to guarantee that when programming the web application such as:

“How would you like your information to be handled?”

“Under what circumstances would you allow your information to be used?”

Guidelines

There are several general guidelines that can be followed to ensure that ethics are applied in your system such as:

·       Asking the user permission to use their information, and under what circumstances is their information is going to be used.

·       Let the user know that the information they are providing won’t be sold, shared or misused.

·       Don’t access to the user’s account, unless they have prior knowledge you will access their account. For example: When a bank is checking your credit card status, they let you know that they will access your information.

·       Make authentic platforms and use authentic techniques without copying others.

·       Don’t encourage violence or any incorrect behavior.

·       Consider government laws and regulations.

·       Use content free of copyright, in order to not involve your stake holder into legal issues.

Conclusion

In order to promote the use of the web application you are developing, you must ethically develop your system by always letting the user know how their data is going to be managed and under what circumstances their data will be used. The user must allow the web application to use or share their data and he must be aware of it. Always look to encourage the use of your web application instead of discouraging it, by not doing what you do not want to be done.

[shynudecollector]

SOURCE: Breaking News About Writer Of ANTI TRUMP BOOK...This Is REALLY BAD!!! The new anti-Trump book, 'Fire and Fury: Inside the Trump White House,' Michael Wolff, already has a problem on his hands and the book hasn't even been released yet. Michael Wolff, who claims to have spent months speaking with White House staff and friends of the President, isn't exactly the most credible of people. In fact, one of his own editors once stated that he has 'no skill greater than creating the 'appearance' of knowing things he does not in fact know.' With that in mind, there's no several parts of his book that are being called into question, especially a quote from former Fox News head Roger Ailes. According to The Hill, the following excerpt is from Wolff's book: 'You need a son of a b*tch as your chief of staff,' Ailes purportedly told Trump. 'And you need a son of a bitch who knows Washington. You'll want to be your own son of a b*tch, but you don't know Washington.' Ailes then allegedly told Trump to choose former House Speaker John Boehner, to which Trump replied, 'Who is that?' Wolff claims. However, there's a really big issue with Wolff's claim - President Trump has known John Boehner for years. Check out the following tweets the Daily Wire discovered: 'Scary. President Obama told Boehner that the government doesn't have a spending problem' Scary. President Obama told Boehner that the government doesn't have a spending problem http://t.co/MArtBvAp - Donald J. Trump (@realDonaldTrump) January 10, 2013 'Speaker John Boehner, who I like, should never have agreed to raise taxes because the Republicans got absolutely nothing for it!' Speaker John Boehner, who I like, should never have agreed to raise taxes because the Republicans got absolutely nothing for it! - Donald J. Trump (@realDonaldTrump) February 25, 2013 'No taxes in Boehner or Reid Plan--important victory for America.' No taxes in Boehner or Reid Plan--important victory for America. - Donald J. Trump (@realDonaldTrump) July 29, 2011 'Wacky @glennbeck who always seems to be crying (worse than Boehner) speaks badly of me only because I refuse to do his show-a real nut job!' Wacky @glennbeck who always seems to be crying (worse than Boehner) speaks badly of me only because I refuse to do his show-a real nut job! - Donald J. Trump (@realDonaldTrump) October 8, 2015 'My interview yesterday from Newsmax - 'Obama Is 'Now Totally Lost,' Boehner Must Not Fold' My interview yesterday from Newsmax - 'Obama Is 'Now Totally Lost,' Boehner Must Not Fold' http://bit.ly/n7Ahdk - Donald J. Trump (@realDonaldTrump) July 28, 2011 As you can see, the President definitely knows who Speaker Boehner is. But that's not the only fabrication in Wolff's book, which has the left wetting themselves right now because of the salacious claims within it. The Washington Post reported that a number of people Wolff quoted in the book dispute ever making the statements he attributed to them. Wolff, for example, writes that Thomas Barrack Jr., a billionaire friend of Trump's, told a friend that Trump is 'not only crazy, he's stupid.' Barrack on Wednesday denied to a New York Times reporter that he ever said such a thing. Katie Walsh, a former White House adviser, has also disputed a comment attributed to her by Wolff, that dealing with Trump was 'like trying to figure out what a child wants.' V. Saxena at Downtrend has more on the Post's story: Moreover, Wolff's 'reliability has been challenged before - over quotes, descriptions and general accounts he's provided in his many newspaper and magazine columns and in several books.' 'Wolff has even acknowledged that he can be unreliable: As he recounted in 'Burn Rate' - his best-selling book about his time as an early Internet entrepreneur - Wolff kept his bankers at bay by fabricating a story about his father-in-law having open-heart surgery,' the Post further notes. 'How many fairly grievous lies had I told?' Wolff wrote. 'How many moral lapses had I committed? How many ethical breaches had I fallen into? . . . Like many another financial conniver, I was in a short-term mode.' Additionally, in a profile on Wolff from Slate Magazine, hardly a conservative publication, Wolff's credibility is called into question. Videos at SACC can use copyrighted content based on fair use fair use laws (https://www.youtube.com/yt/copyright / ...) and (http://ift.tt/UGhVpp) Any violation of policy, community guidelines, copyright law or business cooperation please comment on the video, send us a message, or contact directly by mail: saccnews@gmail.com Support us by SUBSCRIBE here: https://goo.gl/9Coqny by SACC - BREAKING NEWS TODAY

[venturecareindia-blog]

How to Register your work under the Copyright Act in India? | online copyright registration

A COPYRIGHT may be a right established by the law of a rustic that grants the creator of a creative work privilege for its use and distribution all round the country. This can be typically for a given fundamental measure. These exclusive rights aren't pure however restricted by the copyright law of the country. a serious limitation on copyright is that it doesn't shield the underlying ideas themselves. Copyright solely protects the first ideas for Associate in Nursing expression.

COPYRIGHT is simply applicable to sure styles of inventive work like music, literary, dramatics, sound recordings, creative works and therefore the producers of cinematographic films. Copyright works in a very tangible type. These rights area unit usually shared among multiple creators, every of whom holds a collection of rights to use or license the work. These multiple creators area unit the correct HOLDERS of the quality.

These copyrights area unit typically thought of as territorial rights, which mean they are doing not act on the far side the rules of a particular jurisdiction. Copyrights vary from country to country.

COPYRIGHT ACT IN Republic of India.

The Copyright Act, 1957 governs the topic of copyright law in Republic of India. The Copyright Act is applicable from twenty one January 1958. This act has been amended six fold. The foremost recent change was created within the year 2012, through the change Act 2012. The most purpose of amendments is to bring surety to the creators and authors that their work is safe. The history of copyright in Republic of India goes back to British people era with the appearance of the Indian Copyright Act, 1914.

COPYRIGHT PROTECTION IN Republic of India

The Copyright Act, 1957 provides copyright protection in Republic of India. It confirms copyright protection within the following 2 ways in which.Economic rights of the author, and Moral rights of the author.

Economic Rights:

By a law of Republic of India, the copyright homeowners have the privilege to authorize or interdict any of the subsequent acts in respect to their work. Reproducing or repetition of the first work.

Distributing the copies of labor to the general public of the country.

Advertising, playing or showing their add public. Broadcasting their go through electronic transmissions to the general public of the country Rent or lend your work to public (except the library loans area unit perpetually permitted)

Adapting to the changes within the world by amending their work often. You can disclose your economic rights to a different organization or person.

Moral Rights:

Ethical rights area unit a collection of rights that area unit in hand by the author or creator of a piece by virtue of their role because the author or creator. This includes the correct to the integrity of labor, right of attribution, and business enterprise their work overtly publically.

These ethical rights permit you to:

To claim authorship of your work object to your work if it's being employed in a very crucial or disrespectful method or maybe while not your permission to restrain or claim damages in respect of any turmoil, modification or the other act in respect to he same work that is to be done before the expiration of the term of copyright Registering your work below the Copyright Act, 1957 in Republic of India.

The copyright workplace has been created to supply registration facilities to all or any forms of works and is headed by a Registrar of Copyrights that is found at fourth Floor, Jeevan Deep Building, and New Delhi-110001. The applications for registration of works are often stuffed at the counter provided at the copyright workplace from 2:30 P.M TO 4:40 P.M from Monday to Friday. Copyright applications also are accepted by post. On-line registration through “E-filling facility” has been from ordinal February 2014.

Procedure for Registration of a piece in Republic of India The procedure for Copyright registration is as follows:

Application for registration is to be created on type IV as prescribed within the 1st schedule to the rules;

Separate applications for every completely different work;

Each application ought to be amid the requisite fee;

The application ought to be signed by the individual or the advocate in whose favour Power of lawyer has been executed; and

The fee is either within the type of Demand draft, Indian order of payment pro “Registrar of Copyright collectable At New Delhi” or through E-payment.

Why Is It necessary to own a Copyright?

Copyright is an important for the authors or creators because it provides them the with-a right of possession of the work that they manufacture.

This means that solely the creators or authors have management over their work and ever however it used, that isn't solely truthful however necessary for them to form a living out of their talent, analysis and efforts.

[suzannemcappsca]

Why You Should Avoid Trial and Mediate Instead!

The semester has just started at USC Gould School of Law where I am teaching ADR Ethics. One of our recent classes focused on cognitive biases. After I pointed out that we all have them, and it is unavoidable, a student asked “What about judges?” Yes- they have them too, and unfortunately, most are not even aware that they have them.

A recent study noted in the Harvard Program on Negotiation blog ( Cognitive Biases in Negotiation and Conflict Resolution- Common Negotiation Mistakes, August 19, 2017) highlights this sad fact. Research indicates that judges are prone to one or more of three types of error and/or cognitive biases: attitudinal, informational and cognitive. In short, judges (whether appointed or elected) are capable of misjudging. (Id.)

Legal scholars- Robert Carp and C.K. Rowland- assessed the impact of the blinders that judges wear unknowingly. Reviewing more than 45,000 district court rulings issued between 1933 and 1987, they found that “…Democratic appointees ruled in the liberal direction 48% of the time, and Republican appointees rules in the liberal direction 39% of the time.” (Id.)

Comparing the appointees with the President who appointed them, they found that “…Johnson and Carter appointees reached liberal decisions in 52% and 53% of their respective cases, and Reagan and George H. W. Bush appointees reached liberal decisions in only 36% and 33% of their respective cases.” (Id.)

Thus, while the judge sitting on your case will deny it, she brings her attitudinal blinders to the bench, and thus, her underlying ideology (with the concomitment biases) along with it.

A recent post in LiveScience makes this point. In Even Atheists Judge Atheists by Stephanie Pappas (August 8, 2017), Ms. Pappas reports on research indicating that “…. people who don’t believe in God judge other nonbelievers as less moral than religious types…” (Id.) 

In one experiment, the researchers relied on the “conjunction fallacy” which is a cognitive bias that creates the tendency in all of us “… to think that specific situations are more likely than general ones.” (Id.) Using 3,256 participants from 13 different countries, the researchers described a man who tortured animals as a child and murdered five homeless people as an adult. They asked half of the participants whether this killer was more likely to be a teacher or a teacher who believed in God. To the other half, they asked whether this killer was more likely to be a teacher or a teacher who is a non-believer.

The results showed how we all make snap judgments:

Logically, “a teacher” is always the correct answer, because it’s the less specific choice and thus more likely to be applicable. But people tend to make snap judgments, such that when the additional information meshes with their biases, they pick the more specific choice.

The specific choice that resonated with a description of a serial killer turned out to be “nonbeliever.” Overall, people were nearly twice as likely to make the error of choosing the more specific option when that option described an atheist. Fifty-eight percent of the people who chose either a “teacher” or a “teacher and nonbeliever” said the serial killer was a nonbeliever teacher, compared with only 30 percent who chose “teacher and believer” instead of “teacher” alone. (Id.)

The researchers used other scenarios and reached the same results. Overall, they concluded:

Participants intuitively assume that the perpetrators of immoral acts are probably atheists, “the researchers wrote.” These effects appeared across religiously diverse societies, including countries with Buddhist, Christian, Hindu, Muslim and nonreligious majorities. (Id.)

What this leads me to believe, (and I admit I am biased!) is that it is better for people to resolve their own disputes through mediation, than to have a third party- a judge- decide the matter for them knowing that the judge is bringing her own attitudes, beliefs and biases into her decision making without even realizing it.

…. Just something to think about.

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Copyright 2017© Phyllis G. Pollack and www.pgpmediation.com, 2017. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Phyllis G. Pollack and www.pgpmediation.com with appropriate and specific direction to the original content.

The post Why You Should Avoid Trial and Mediate Instead! appeared first on Los Angeles California Mediation Services | San Diego Dispute Mediation | San Francisco Business & Commercial Mediation.

from Updates By Suzanne http://www.pgpmediation.com/avoid-trial-mediate-instead/

[stewardskiphire]

Monkey selfie case finally settled but there are many similar animal rights battles to come

Untitled design Ondrej Prosicky / Shutterstock.com

The furore that erupted when David Slater, a British wildlife photographer, released a selfie taken by a macaque monkey in 2015 has only just reached legal resolution. The animal rights group, PETA (People for the Ethical Treatment of Animals), which had filed on behalf of the macaque, allegedly named Naruto, withdrew its suit against Slater when he agreed to give 25% of any royalties from the selfie to animal welfare charities.

This case marks a high-profile opening salvo in a struggle that will be increasingly fought among animal rights activists, protectors of human intellectual property and defenders of the free market. The case has been generally reported as being about whether a macaque that took a selfie (and gained worldwide notoriety courtesy of Wikipedia) is entitled to copyright. While this account is fine as far it goes, the case also hints at the profound challenges that digital and animal cultures pose to the law's recognition of human uniqueness.

The story begins with Wikipedia, whose open source and open access approach to knowledge production makes it the ultimate free market in cyberspace. Basically anything is fair game for inclusion on its pages if it is not prohibited either by its own editors, who are largely crowdsourced, or some explicit legal ruling.

When Wikipedia's editors decided to feature the macaque selfie, Slater claimed that it was in violation of his copyright. The selfie had been taken while his camera was active but unattended in Indonesia, where he was on assignment photographing the rare monkeys. Wikipedia replied by saying that if anyone owned the copyright, it was the macaque who actually took the selfie. At that point, PETA got involved, suing Slater on behalf of the macaque for copyright infringement.

Monkey copyright

The court had no problem dismissing the case, simply by arguing that copyright law was not designed to include animals as copyright-holders. But it also said that the law may be amended to include them in the future. In doing so, it tiptoed around the issue that PETA was keen on raising, namely, whether the monkey was morally entitled to whatever royalties might otherwise accrue to Slater as the copyright-holder. This helps to explain the out-of-court settlement, which left Slater the formal victor in the case. But that was really all that he was left with. Slater had been earning minuscule royalties from the selfie and even approached bankruptcy as PETA's case against him dragged on.

The most striking feature of the case is not the very idea that a monkey might hold copyright, but that the internet's relatively unregulated market environment provided the opportunity to broach the issue. The placement of a photo in virtual as opposed to physical reality radically loosens our intuitions about ownership. This became clear in the recent flurry of cases around the multiple postings of nude celebrity selfies in social media. Defendants claimed loss of control over their image in a world where image control is everything. In a more profound sense, something similar is happening to the image of the human being itself in the monkey selfie case.

The monkey selfie case managed to level the playing field between the human and the animal because the distinction between producer and consumer is largely erased in cyberspace. Unless the law intervenes, an online object can be reframed and reappropriated as the user wishes. And among these reframings and reappropriations are accounts of what makes the object what it is. In the end, only the explicit disqualification of animals from copyright law ended up saving Slater, even though some legal experts admitted that Naruto may have behaved toward the camera in a way that would make a comparably situated human eligible for copyright.

Marx and a macaque

Faced with Slater's original claim to copyright infringement, Wikipedia interestingly gave little weight to the core of Slater's argument, which was that had he not gone to Indonesia, photographed the macaques and even set up the camera so that they might use it, the selfie would never have been taken. (Of course, Slater was also the one who allowed the photos to go online in the first place.)

Instead Wikipedia focused on the particular monkey's skill in arranging the camera so as to take the striking selfie. To the ears of animal rights activists, Wikipedia made Slater sound like an employer who claims ownership over his employees' labour because he took the effort to set up the business for which they work. When only humans are involved, it's called exploitation. Why not extend the same concept to the macaques?

Whatever may have motivated Wikipedia to pursue this framing of the situation, it certainly resonates with the history of extending human rights. Thanks to Karl Marx, we understand exploitation as a form of injustice that comes when workers are denied the full fruits of their labour. Wikipedia opened the door to revisit Marx, and PETA charged through it. The original capitalist rejoinder was that the employer is the one who takes the initial risk, invests the capital and sets up the environment which makes the work possible and so the workers, who might otherwise not be employed, should be satisfied with a steady wage, not a share of the profits. One hears echoes of Slater's defence here, including his claim that his photography was part of an effort to save the macaques from extinction.

But bound up in this dispute is a disagreement about whether all producers are also creators. Historically, in the human sphere, Marx ultimately won this argument, largely by appealing to a conception of the human that is both universal and exceptional: all (but only) humans are both producers and creators. Like today's copyright law, Marx recognised a clear species barrier between humans and other animals when it comes to creativity.

Cyberspace's blurring of the producer/consumer distinction may be opening the door to reimagining creator more generally, as the source of whatever makes an object valuable to its user. In that case, the law may need to be adjusted to provide legal protection to creative animals in the same spirit as it historically provided protection to creative workers.

Steve Fuller does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond the academic appointment above.