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2D IP (ARTS Intellectual Property) THEFT ONLINE      [ You Are On This CLICKs Page ]

INDEX :
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ICONIC SUPREME COURT DECISION BEGETS ICONIC IP THEFT WITH LITIGATION TO COME (c) Carrie Devorah:
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Photographer Ed Freeman celebrated the Supreme Court decision on Gay Marriage by recreating and re-photographing an iconic photograph. The Advocate wrote “Out Photographer Slammed For Gay Iwo Jima Recreation” acknowledging the original photograph was taken for Frontiers magazine.

The issue at hand is theft, intentional theft of Intellectual Property not, as some have raised that LGBT fought in WWII. Freeman stole another photographer’s vision then used it without permission.

This image is no stranger to being stolen and having the thieves challenged. Sportswear company Under Armour used the photo imagery for a t-shirt showing athletes raising a basketball hoop. Under Armour apologized, then removed that image from their line.

Ed Freeman posted on his Facebook page, “"When I took this picture almost 10 years ago, it never, never occurred to me that it would someday come to symbolize the victory we are celebrating today.”. “The principle complaint that people have is that I am equating the gay struggle with the contribution and sacrifice of American servicemen. But there is no equal sign here. This is not meant as a sign of disrespect. For God sake, no. I totally support people in uniform. There is no comparison going on here. The comparison is going on in people’s heads, and they’re spoiling for a fight. They’re already on edge because of the gay marriage decision.”

Pulitzer Prize winning photograph, RAISING THE FLAG,  remains one of the most popular photographs. The photograph was taken by Joe Rosenthal, February 23 1945. Five United States Marines and a United States Navy corpsman raised a US flag atop Mount Suribachi, in World War II during the Battle of Iwo Jima. The three Marines, Harlon Block, Franklin Sousley, and Michael Strank were killed in action over a few days later. The Marines, Rene Gagnon, Ira Hayes and Navy Corpsman John Bradley survived the War.

Sculptor Felix de Weldon sculpted Rosenthal’s photo in to becoming the Marine Corps War Memorial. The Iwo Jima sculpture, as it has become known, is dedicated to all Marines who died for the United States of America. Weldon’s sculpture stands next to Arlington National Cemetery in Virginia, outside of D.C. The mold of Weldon’s sculpture is at the Marine Military Academy in Harlingen, Texas.

Rosenthal’s photo records the 2nd flag raising. The first flag was replaced because it was felt to be too small.

Joe Rosenthal was an AP, Associated Press photographer while on assignment to Iwo Jima in WWII. AP pursues infringers of its photographers images. AP pursued Sheperd Fairey who admitted to stealing AP photographers image of President Obama at the 2007 Press conference media showed up to take pictures of celebrity George Clooney. Media wondered why that man next to George was getting in their way, not knowing this was the future president of the United States.

Copyright is addressed under Title  17 U.S.C. Title 17 U.S. Code § 1323 adressing Recovery for infringement states; “(a) Damages.— Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages.

(b) Infringer’s Profits.— As an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer’s profits resulting from the sale of the copies if the court finds that the infringer’s sales are reasonably related to the use of the claimant’s design. In such a case, the claimant shall be required to prove only the amount of the infringer’s sales and the infringer shall be required to prove its expenses against such sales.”

Freeman is selling his pic already rapidly shared by Social Media. Freeman volunteered telling interviewers the picture was shot 10 years earlier. AP will do their royalty profit lost math.

This will be a case to follow. An iconic theft may become that iconic case that heads back up to the Supremes, along the way, maybe, adressing photographers theft with losses enhanced with Social Media Sharing.

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AMERICAN LEGISLATORS JOIN TOGETHER AT A CAPITOL HILL BRIEFING USING "SELFIE MONKEY" WITHOUT AUTHORIZATION (c) Carrie Devorah :
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    February 11, 2015, Representatives Jared Polis and Blake Farenthold gave opening remarks at a Copyright Policy briefing hosted by Public Knowledge and R Street, in the basement of Rayburn Building, on Capitol Hill.

 Farenthold (TX-27) and  Polis (CO-02) were reintroducing H.R. 862, "YODA," the You Own Devices Act.  The policy behind  YODA was to ensure that "licensing terms for essential software that allows a physical good to operate does not prevent consumers from selling, leasing, or giving away the physical good." Congressman Farenthold and Congressman Polis took questions at the R Street copyright lunch publicized as “…informational briefing on the hill explaining the basics of copyright law, and the policy challenges that arise in an age of monkey selfies, Taylor Swift, and Buzzfeed.” The event was moderated by Mike Godwin, R Streets Innovation Director, joined with Georgetown University Law Professor Rebecca Tushnet, American Library Association Copyright Counsel Jonathan Band and Public Knowledge Vice President for Legal Affairs Sherwin Sy.

    Chepstow Wales photographer David Slater was stunned to hear his Selfie Monkey was used without authorization, yet again, this time by two D.C. non-profits putting on a Capitol Hill event in support of helping legislators move a Bill forward, creating an international incident.

    Slater emailed from Wales, “it took a lot of hard work, technical know-how to set the camera up in the way I did, knowledge of primate behaviour, a sense of fun and experiment and so on.” Slater wrote, “…the image was never put on Twitter etc by me.  I hate social media!!!  The image was first stolen by Techdirt (Mike Masnick).  They lifted the image from the Daily Mail newspaper.  The Daily Mail had paid for my images and text via my agent, as so many other newspapers had done too.  Masnick and his free-rights take-first-sue-me-if-you-don't-like it friends then got to work on getting it onto Wikipedia, if only to support his own rhetoric over my images and his defense against litigation (I had demanded via my agent to take the images down).”
    Slater posted his “how I got the photos story” on his website clarifying “media” got Slater’s stolen Monkey pic wrong saying just as in the UK “…the US people seem incapable of questioning "authorities" such as tabloid news…” calling newspapers “…weapons of mass distraction…”
  
    Slater’s images are all registered with the Register of Copyrights, having Image Rights protection. Slater confirms his Monkey Selfies are registered in Guernsey, something, Slater said, media fail to mention. Slater, invited to the States to participate on a panel with Register of Copyrights Maria Pallante had to decline. Slater wrote wanted to challenger Ms. Pallante, “Sadly, I cannot make it to the US for that conference, but would have loved to challenge her and her sentence about monkeys taking photos because the non-copyright language "taken" is not only not defined but seems to have been inserted without thought and as a direct attack on me.”

    Polis' congressional website says, "For too long our antiquated copyright laws have been stifling innovation and blocking consumers from being able to access more efficient, effective, and affordable products and technology," said Congressman Polis. "YODA will bring our copyright laws into the 21st century and recognize that people can own and transfer devices without being strangled by paperwork and empty legal threats."

    Polis' website continues, “As technology advances, more and more of the devices in your home, office, and garage contain essential software that make them run,” said Congressman Farenthold.  “While this gives us great improvements like air conditioners that can be switched on or off from your phone, household lamps that you can remotely control or program, and speakers that play music as you change rooms, it also opens the door to software licenses that erode how much you own these devices and how you can dispose of them.  YODA ensures that these devices are yours and you can sell them when you wish. “
   
    Slater writes, "I wrote an email to him (Sherwin Sy) demanding he shows me the license that gives him permission to use the image.  He then wrote back to me via Public Knowledge, to publicly attempt to humiliate me as well as to promote more theft of my image."
        Polis' and Farenthold's YODA push event used Slater's photo in flyers to promote the event, individual handoutsheets distributed at events in DC, online, in various articles and of course up on the Media screen throughout the whole event, each use and type of use being an infringement of Slater's image. Compelling, isn't the macaque, teethy grin and all. Each use is an intentional infringement with a penalty of $150,000, for starters, for a registered image, as David's is, registered that is.

    Public Knowledge's Sherwin Sy chose to use the Internet to respond to Mr. Slater, posting an article called  "“Nobody” Can’t Hold a Copyright, Which Means Sometimes, Nobody Holds a Copyright." The broken telephoness of the Internet mistold Slater's story. No monkey stole Slater's camera. Hard work, training, placement of the image and earning the trust of the monkeys is what tripped this eventual international storm.

        CNBC picked up the story, infringing David's monkey with an image taken off Wikimedia, a source of many of the infringements.

    Sy has something very very wrong. The Registrar of Copyrights does not make laws. Congress does. 

    Under American legal concept of Respondeat Superior , one must adress the elephant in the room that Congressmen Polis and Farenthold are responsible for the use of Slater's monkey in promoting their event.

    The thieves are Wikimedia and all users without license of Slater's image. Theft of Property is theft. Slater is a resident of the United Kingdom, a signator to the Berne Convention. The Berne says someone owns their creation without even having to make their mark on it, relying on the concept of "thou shalt not steal" a toss back to Man and Integrity.

    This is an international problem. Adrian Leppard, QPM is a senior British police officer and the current Commissioner of the City of London Police is made notice of this issue making a monkey out of politicos. Lepard had appeared in Crystal City Virginia almost two years ago to accept an award from ICE for being part of the global team talking raging Intellectual Property theft, albeit grey market airbags and the like. ICE's headquarters is a veritable Walmart when one walks in the door displaying stolen goods like celebrity licensed product and the such. Missing are examples of the most stolen items on the internet, Artists and Photographers images. The lobbying for ARTS content is horrid to say the least with prominent players being part of that purloining process rather than screaming "Stop, go no further." Stop the ARTs and Photography thefts.

    Ironically, R Street and Public Knowledge are non-profits registered with the IRS, Internal Revenue Service. The SELFIE MONKEY has been a 'non-profit- for photographer Slater, losing income from his stolen photo by parties citing "Fair Use." US Copyright Code, Title 17, requires Content Users to seek permission from Content owner. Slater is still waiting.

Calls made to the Legislators office after the event went unanswered.

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AMERICAN LEGISLATORS COMPLICIT INFRINGING SELFIE MONKEY
  (c) Carrie Devorah  :
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Legislators, and Parliamentarians, are supposed to set the example of protecting constituents, respecting Trade Agreements and embodying the laws they create then hold constituents as examples to in the face of law enforcement coordinating fighting IP.

US Congressmen Farenthold (R) and Polis (D) participated in a Think Tank event on Rayburn building, an event promoting the Legislators bi-partisan YODA bill. The host Think Tank used the infamous Selfie Monkey on leaflets and on the Think Tank website alleging "Fair Use."

Fair Use declarations, without the Content Creators approval, have become a License To Steal. There is something bi-polar when Legislators who write the Law ignore it being violated.

Slater worked hard to condition the Monkees to accept him even handle his photographic gear. Selfie Monkee was not an accident. Selfie Monkee was paramount professionalism on the part of the photographer. And then... the Internet stole David's Commerce, David's IP and, when it comes to an Content Creator being stolen from, the Internet stole the wind out of David's commercials sails, pardon the pun.

While Wiki, this or that, argue the viral sharing of David's image is Fair Use, then, conversely, the Click bait, auction profits, advertising plus funds, and, oh yes, the salaries of all parties involved in this International Theft, yes, even funds raised by non-profits soliciting donations and support, all this, yes, a piece of it goes to David, after all, isnt all fair in love, war and online Theft.

This is an international incident Legislators, and hosting think tank are accountable to. Writing laws does not put one above the law.

David Slater wrote he had no knowledge of his Selfie Monkey shot being used, that it was used on the Internet, distributed on leaflet handouts and given to staffers on the Hill.

Legislators, globally, failing to dot the "i" and cross the "t" on IP used at events they Keynote at, Panel at, or lend their name to are no different than those who are being found guilty in Mega Upload take downs, bookings and convictions. Aiding and abetting is aiding and abetting. Having a Legislator or Parliamentarian on one's Resume, business card or lapel, is not a license to steal nor is it a license to say "I didnt know."

Cough. That is the Parliamentarians job, to know, after all they write the Rules.

A fair start, here and now, is for Congress to invite David Slater to testify on Capitol Hill, for Legislators to hear, first hand, from the Monkey Man him 'selfie' how it feels to get robbed, moreso, when 'aiders' and 'abettors' to the crime are men who write the law. Every staffer in the room knows better to ask the question of the event hosts "DO YOU HAVE PERMISSION FROM THE PHOTOGRAPHER TO USE THEIR PHOTO?" They did not ask that question. Nor did the GC from the House Judiciary call the host presenters out on the actuality of the legality of IP Fair Use v Theft. Two hands raised, one from an ASCAP representative and another representing the ARTS voice, were ignored in the Q&A.

Everyone in that room working for a Legislator get a paycheck at the end of their week. David Slater did not. David is not only down the hole with his out-of-pocket spent to make Selfie Monkee. David is out-of-pocket every royalty he had been denied. David is entitled to compensation. I hope, for every Content Creator like David, infringed, by Legislators and others, that David gets what is due him. And, icing on the cake, an all expense paid round trip from the UK to DC for Legislators to apologize in person. That said, conversely, an all expense paid round trip is in order from DC to UK to this author for hitting Legislators and Parliamentarians where it counts, with a belt below their consciences lacking guilt, for choosing to hear Wonks & Lobbyists rather than Content Creators with sass enough to be blunt.


The fingerman, selecting questioners from the audience said, after the event, "we were tipped off." The alleged 'tip off' was at another event where the leaflet was distributed, a panelist from the event was told Legislators should co-sponsor a bill guaranteeing Legislators stop sending 12 memes of Taylor Swift, Paris Hilton, Kim K, the Monopoly Man and others when Legislator staff think these violations will bring color to their purpose. Ultimately, the only color it will bring is green to the Content Creator, when they find our. Recall, eventually, Warhol's estate was forced by Campbell Soup to kick over cash after the Celeb artist's death, when Warhol was no longer the draw. Money is money, even In Memorium.

The greater good that will come from this event is a global agreement for Legislators, Parliamentarians and their staff to stop writing laws, they too, violate. Set the friggin' example, 'do as I do' no more just 'do as I say' or like Dotcom, there is a jail cell that can use filling- blue blood or blue collar, crime is crime.

The Bill is simple, a Contract with Content Creators, "WE YOUR LEADERS AGREE TO STOP STEALING FROM GLOBAL CONSTITUENTS."


The presenters at the event stated, an infringed is entitled to compensation per use, per medium, per page. Caccching Mr. Slater. Christmas is coming when you find capable representation and Parliamentarian support to put American Legislators toes to the fire when it comes to talking the Copyright Talk and Walking The Copyright Walk.... globally

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'Twas the COPYRIGHT THEFT Victims Revenge The Night Before Christmas     (c) Carrie Devorah :
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(An Original by Carrie Devorah. Feel free to share the link of course, and attribute. For more, contact us directly for licensing rights.)

'Twas the night before shipping, when all through the town
Not a creature was stirring, not even a clown;
The shipping labels were hung by the Mail Clerks’s room with care,
In hopes that the Design Teams’ months of innovating payout would soon would be there;

The artists and package designers crashed exhausted face planted all over their beds,
While visions of Venture Capital and Angel Investors spun with dollar signs cachinging in their heads;
And the Veep in her workout sweats for 48 hours straight, and the Chief after giving her design team the whole "them damn Internet thieves" bunch of crap,
Had passed out flat under the architect’s art table for a nap,

When far across the world wide web another design team was awoken with such clatter,
The C.I.O from their team was ordering, ‘copy, copy, copy’ fast and exact, we have few hours to get to market,that is all that is the matter.,
The far across the world wide web C.I.O. printed and tossed off one after the other stolen from the Internet design after design into a clutter marked "not trash," Thinking how beating the design real creators would rake in a lot of cash.

The bust of finding their fresh designs 'for the picking' daily all over the Internet, Had given the original Design team more disappointments than one should get.
When discovering, yet again, in the early morning blue flicker of their iPad, mobile phones & computer screen, what to their horror appeared,
What else, but their finished art less than a few hours before their whole team had cheered.

With a little bit of online investigating, using ISPs and Reverse Search, The Infringed C.I.O. knew in a quick second the thieving was the work of Shmich, Shnick, Trick and Church. Faster than a cat-on-a-hot-tin-roof, when the infringed C.I.O's legal beagles were summoned, charging big bucks off their clients, they came,
While the Infringed C.I.O. printed, screen grabbed, as she was furiously writing down names of Infringers, calling them all out name by name;

"Stop now, Blogger! Stop now, Hacker! Stop now, Start-Up-Wannabees-Taking -Content-For-Free and Pirate Bay!
Stop now, Mom from Wisconsin! Stop now 6 year old kid! Stop now #dogbreath and LizardGecko@1withtheworldtoday !
Talk to I.C.C and the Global Internet Protection Unit ! Or call that get-things-done Center For Copyright Integrity’s “KEEP YOUR HANDS OFF MY COPYRIGHT!” moll,
Stop now, or get cashed away! cashed away! cashed away or go to jail, y’all!"

And as the infringed designs across the world hit the market without design credit or names,
The Infringers had no clue they were about to deal with the Queen of Revenge at the Design Knockoff World games.
Each time a knockoff hit the www., their domains were expunged, With a flick of “KEEP YOUR HANDS OFF MY COPYRIGHT!” woman's bodacious hips followed then by a lashing of the whip smart red head’s tongue.

And then, in a New York Second, the Infringed C.I.O heard dogs barking outside "woof-woof-woof,"
In syncopatic timing to prancing and tapping of high heels on their roof.
The infringed C.I.O drew her hands to her heart knowing the racy, foxy, redhead was coming to do some (c) revenge fix’in,
Just as down the chimney, came the Center For Copyright Integrity’s “KEEP YOUR HANDS OFF MY COPYRIGHT!” vixen.

She was dressed all in, well, not much, from her “girls to her kitty,”
And her hat was wall to wall, with her blue shades on she was looking very pretty.
A pink long fluffy boa, she had flung over and down her milky white back,
She looked like a Wonder Woman of the Intellectual Property World except without Wonder Woman's rack.

Her eyes – were not smiling! Her lips were pursed!
Whoever was stealing Copyrights, when she was done with them would need to be Nursed!
Her perky lip-sticked little mouth was all painted up in fire-engine red,
The click of her stilletos said, without words, “Copyright thieves when I am done with you, you will wish you are dead!’

And the reed thin riding crop she held tight in her grip,
Cut the air sharply as she practiced using her whip.
She knew how to deal with Copyright thieves and their type Who behind their closed doors in their anonymity others Creative Content they would swipe.

The Center For Copyright Integrity’s “KEEP YOUR HANDS OFF MY COPYRIGHT!” doll her right jolly old self,
Told the ripped of Designs C.I.O, with a glint in her eye and joy in her heart,
The was nothing to dread, she, the “KEEP YOUR HANDS OFF MY COPYRIGHT!” girl was their to seek revenge for their Design Teams stolen art!

“KEEP YOUR HANDS OFF MY COPYRIGHT!” girl said not a word, but went straight to work,
To hell with T.O.S., Disclaimers, DCMA take down notices and self-proclaimed IP Lawyers who turn out to be a jerk,
She blew them away citing one after the other Legal Clarification of State, Federal, International Law, time after time,
And when she was done, The Center For Copyright Integrity’s “KEEP YOUR HANDS OFF MY COPYRIGHT!” heroine said to the Infringers, with the grateful Design Team standing behind her, “Be gone, you slime.”

The Center For Copyright Integrity’s “KEEP YOUR HANDS OFF MY COPYRIGHT!” hottie leapt back atop the Design firm’s roof, wiggling her booty to admirers showing delight  with their whistles,
Thrusting her 'girls' to the wind and her fists to her hips which are her anti-copyright theft missiles.
All heard her proclaim as she leapt in to the night, As the Design Team's cash registers rang loud, with VC's calling as dollar profits went gangbusters because of (c) designs saved on their site,
"A COPYRIGHT PROTECTED CHRISTMAS TO ALL, AND TO ALL COPYRIGHT THIEVES…. BEAT IT BEFORE YOU DON’T SEE ANOTHER NIGHT!”                                

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CHALK TALK (c) Carrie Devorah:
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Picture
NHL Commish Bill Daley and EPIX producer Ross Greenburg thrilled Washington Capitol Fans with a pre game pre-classic intime moment of where things are at, so to speak. Russ was talking up "EPIX Presents Road to the NHL Winter Classic™."

Ross has shifted 'homes' from HBO to EPIX, admitting he was such an Uber deal maker he left behind a valued team member, bound by the Iron Clad contract Russ negotiated. That said, teaser alert, an 'actor' is coming on board The Classic Express, four shows giving details fans, and others, would not otherwise see, showcasing the humanity, humility and humor of the players, and talents other than hockey, such as speaking two languages- quote- english and profanity. Dear to Russ is being able to share the struggles of new parenthood for some players, and for others, the reality of birth that some children are born more special than others, even for sports celebs- the issue of down syndrome.

Chalk Talks do end up with swag giveaways for lucky fans. But the never disappointer is the zamboni, the coolest job to have in hockey although there was a photobomb worth talking about... the dude in a suit, tie and black shoes shoveling the ice , only inn DC, probably a staffer who lost his Capitol Hill job in the recent election.

Commissioner Daly was forthright in answering that Social Media has hit hockeys bottom line. And in answering that Social Media is a blessing as a fan engager. And in sharing how Social Media is Big Brothering players, telling the gathered fans the role Twitter played in a suspended player being outed for participating in practice, a violation of the terms of the players punishment. All it took was a one tweet of the player in practice to, in the words of the Commish', blow up the Commish's blackberry. Stay tuned. That said, for the Commish to acknowledge he is on a Blackberry, not an iPhone, is a biggie for fans to take note of. iPhones get hacked. Blackberry's, said to be more secure.

Technology has disrupted all worlds, including the world of hockey, where fan engagement used to be at the team locker room doors, not at the end of a fan's arm, somewhere, other than the stadium built at a time when butts did make it in to chairs. Tweets, hashtags, LIKE and all, will not keep fans where they are needed, where the dollar crosses the counter and where iconic sports arena's like the Verizon nee MCI Center bring real life flesh, blood and fist bumps to fans wanting to stay part of the next big thing.... Capitol culture in DC
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OPINION: PASS RESALE RIGHTS & THE ECONOMICALLY CHAOTIC FINGER PAINTING IS ON OUR COUNTRY'S WALL  (c) Carrie Devorah
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THE DAY LEBRON JAMES AND EVA LONGORIA GIVE UP THEIR RIGHTS TO EXTENDED PROFITS FROM THEIR IMAGE,  THEIR BRAND, THEIR NAME IS THE DAY I WILL GIVE UP THE RESALE RIGHTS TO MY ARTS
- Carrie Devorah
     I had an epiphany about RESALE RIGHTS that focuses the conversation. If Van Gogh's name wasnt on his art, would it have the cachet it does to buyers? Same with Rembrandt, Da Vinci and Banksy.  No.

    Banksy proved how fickle art collectors are when Banksy sat park side in New York selling his works for under $200 even letting a woman bargain him down to $60. Banksy wanted to make a point. Name sells art to cows while real collectors pay for what they love. The collectors rued missing their chance to steal an investment for pennies on the dollar while some lady got a steal that also stole her heart. And Banksy got to see someone buy his art, again, just because they loved it and not because it was a Banksy.
 
    If an artist wants to profit from their name, then license it to your buyer. If you dont? The loss of the artist for not thinking enough of themselves to know the value of their name, today, and how it could grow in the future...

    The amazing thing about life is what I always say. There is one wheel and many variations thereof. Resale Rights For Artists is no different. Its not original. Its just revived. Months back I attended something or another. I brought home with me a brochure published by FANFREEDOM., the "I Bought It, I Own It" organization paralleling the POV of those who profess "When You Buy A Ticket You Own It, Right/" Should be that way but isnt. Even with fan tickets, this conversation of Resale Rights is going on. The "Fan Bill Of Rights" is fighting back to Artists, promoters, sports teams and venues using "Restricted tickets" to limit what fans can do after the Sale.

            While Congress' Judiciary is looking for something to do, reading the Fan Bill Of Rights may be a start, then, replace Fan Buyer with Art Buyer. Art buyers have rights too.

            Making sure Arts Creators Content and Identity are protected is a thought. Resale Artists Rights is not. But that is not Congress. A legislator gets an idea, pushing it through. You know, sometimes, Congress can gum things up when legwork on homework has not been done. Jerry Nadler, new to Mel Watts seat in the House Judiciary, says Artists Resale Rights is an idea from 19 years ago. I had asked Nadler where his new-to-the-seat-idea to push this Artists Resale Rights thing, American Royalties, Too (ART) Act of 2014, came from. No one else in the Hearing room that I asked had any idea.
               
             I got my anwer. I asked Jerry. I said, Let's say the architect who sold you your house came along as you were selling it for $5 Million dollars, put their hand out and said..... "my money, honey!" Jerry said 'would never happen!" Oh yeah? Well, then I got a bridge in Brooklyn to sell because not only will someone show up out of the blue for a clawback but precedent will be set for clawback on ANYTHING knowing the creativity of lawyers to create cases, well, not all. In the same way there is a lawyer in Manhattan hauling around the same litigant testing ADA as the raison d'etre for filing suit after suit alleging Failure to Follow ADA rules, there will be a generation of litigations filed for people wanting money for something they had a part in, even, maybe au peres asking for their investment of park and play time for kids that grew from toddler to titan. K-8 teachers will be battling for their share of time invested into teaching kids that became Congressmen and people dated will ask for a "piece" of.... Oh, that's called Palimony and Alimony and.... sarcasm aside..... its a bad idea that has already happened.

            This is not even up for debate. Its on record.

            Artists Resale Rights is a California Act passed in ..... and failed as recorded on Arts California's site with Artists not showing up to collect funds or unable to be found (http://arts.ca.gov/artsinfo/resaleroyalty.php) Leave it up to individuals, agents and lawyers. Art is a property. Courts handle Property Issues.
Why oh why would Congress invest time in to an idea that an artist should be adult enough to decide on their own to pursue.
           Artists I spoke to explained their understanding of the Rights Resale Act. The Artists said they would be getting royalties on their ART sold at any point during change of ownership. And, I ask, do you know there is a scale of how much you can get that will cap off at $35,000? No. They dont know the amount of money they can earn is capped. And I ask, why are you not requiring purchasers of your art to sign a Resale Agreement with you now? They have, typically, no answer. When I ask, do you really want government capping how much money you can earn? They say NO. Then why are you not telling your legislators to let you do your business or get your own agent to partner with an eye on your income. They have no answer.
   
            I do.

           There are two types of artists- Sunday artists and professional artists defined as a career not hobby artist delighted with "a" sale or even "a" steal. And there is money being made from Artists who frankly didnt give a damn to track their Art. Sites like FIND ART (http://www.findartinfo.com) pop up every day. That is the way of the Internet. Someone has a thought? There will be an App for that. Each and every of the States and Territories have Unclaimed property sites where property sits and sits and sits, unclaimed.

Who is making the money? Sure answer? It wont be the artist Nadler's reworked idea infers it will protect. Domestically or internationally. It wont work. Sure there are artists, cited, in favor of this idea. Better idea. MAKE THEM TAKE A BASIC BUSINESS CLASS ON CONTRACTS along with a copy of Trump's "Art Of The Deal." If the artists cannot learn to Grip & Greet, then they will never learn to step up to the plate of an adult size serving of Being in Business.

Full time artists know or should learn about Contracts. Sad fact is, few art schools or art classes teach or provide Business of the Business education. There are all types of contracts given away for free online facilitating an artist requiring a purchaser to advise the Art Creator of change of ownership hands. Horse and Pet Adoption entities require adoptees to be tracked. The worse that can happen if a Buyer refuses to agree then the Seller knows then and there if the trust of transfer of property will be there down the road.

A note I sent says it all about Congress and Resale Rights. I thought to share my words here. I wrote, " For the record, I am against resale rights for artists. I have written on this. Teach them business in art school. If you failed to right the receipt stating TOS, terms of sale, well, then, it is what it is. No one held a gun to the artists head making them sell it to someone who took the gamble on owning something that may never have gone anywhere in value except up on a wall because it was appreciated. Is the artist going to then be sued by their 'investor' for the piece never accruing in value? That is the possibility. Mandate Schools teach business to students.

If resale rights are passed then that Dior dress? Or Manolo shoe? Or SJP or even the Star Trek first edition worth zillions will all be fair game. And if rights are not enough of a mess to date, then.. I have just done the finger painting on the wall.... it gets messier..."

Congress has a bad habit of leaping on "notions" without thinking the concept through hence the image of a do-nothing Congress. The problem isn't that Congress is doing nothing. Reality is that too often Congress is getting sucker punched with ruination of ideas, aka Bills, that were not thought through before.

IF Resale Rights of artists passes, bluntly, kiss your family heirlooms good-bye in that precedence will have been established for even retailers or manufacturers to demand back profits from what "they" brought to market or giving even investors in Wall Street the ability to claw back profits without paying for them, after all, what is the real difference between a piece of art or a share or a.... (fill in the blank.) I asked Jerry after the hearing if the builder of his house came with their hand extended the day the house sold at $1.7Mill (example).... Jerry was surprised arguing that could not be. Why not, I asked. And why not the teacher credited for influencing a student's life, or a best friend, or.... where will it stop? It wont. Passing the 19 year old 'idea' Jerry thought was good years back when he was first offered this position, he said, should stay where it is 19 years dead because reviving Resale Rights is a killer to ARTS creatives already devastated by Technology's disruption.

Fact is, creating a Resale Rights Act as a Federal Law will eliminate the problem California experienced in 2012. The Resale Royalty Act of 1976 was found unconstitutional in 2012 for violating Commerce Clause by imposing restrictions on trade outside of Califorania. Let me state the obvious. This is no longer 1976. This is 2014 where the WWW, World Wide Web means, technically, that every sale an Artist transacts online.... you get the drift.

There is and always be lawyers & lobbyists willing to create an issue they benefit from...... hmmm. Stop the presses. Does that mean we get a piece of their hide, I mean profits too? Rethink.... nah! Teach creatives to become adults and, pardon my french, but suck it up... anyone who invests in an unknown or on their way to be known is entitled to keep the profit from their assets or.... I want my piece of BRK, Mr. Buffet....

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ONE WORD IS ALL IT TAKES TO START TO STOP IP, ID & THEFT OF COMMERCE AROUND THE WORLD  (c) Carrie Devorah :
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One Word is all it takes to start to stop IP, ID & Theft of Commerce around the world.  One Word.

Theft.

West's Encyclopedia of American Law, defines “Theft” as “A criminal act in which property belonging to another is taken without that person's consent.” Theft is synonymous with Larceny and many “forms of deceitful taking of property, including but not limited to Swindling, Embezzlement and False Pretenses.”

Add in Burglary, Robbery, Counterfeit, Piracy, Plagiarism, Hacking, File Sharing, Felonious Taking, Filchery, Fraudulent Taking, Furtum, Looting, Misappropration, Peculation, Pilferage, Pilfering Stealing, Wrongful Taking, Theft of Service, Removing of Another person’s Property With Intent ie to not pay/not tell/not warn/not return, Conversion, Embezzlement, Housebreaking, Misaapropriation, Plunder, Spoilation, Illegal Downloads, Counterfeit, Secretive felonious abstraction without consent of another’s property.

Theft is the term used to involving the taking of a person's property without their permission. Robbery is taking by force. Burglary is taking by entering unlawfully. Embezzlement is stealing from an employer. But theft has a very broad legal meaning which may encompass more than one category, and multiple degrees, of crimes. They are differentiated by Means and Methods used. That said, they are separately designated as those types of crimes in the way the crimes are charged and in their statutory punishments.

That said, again, there are two elements key to Theft:  (a) seizing possession of someone else's property; and (b) the requisite, Intent to deprive or intend to deprive the victim of their property permanently. Commerce earned or not realized due to Theft, is property, too. Dictionary.law.com says “Theft” is t“the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale).

Theft isn’t a One Size Fits All. It comes in varying packages- less than $500 or $1000, the crime is "petty theft. Petty or "petit", relatively minor crimes, also known as misdemeanors, thefts typically occur when someone steals property below a certain value specified by law.    

Larger than $500, the crime is "grand theft" which is either a Misdemeanor or Felony, respectively codified, State by State, by elements into their penal code, just like the exact definition of Larceny varies between states and most of them incorporating these elements in some form. These are serious category of offenses with severe consequences for those convicted of these crimes. Grand theft or comparable violations, such as grand larceny, are classified as felonies in all states.

The elements are:                                                                                                                                                                                        
1) The unlawful taking and carrying away of                                                                                      
2) Someone else's property                                                                                                                                                                    
3) Without the consent of the owner and with                                                                                                                     4) The intent to deprive the owner of the property permanently

Got it? Good.

For Theft to be proven, it has to be shown the Accused acted with specific intent to take someone else's property, keep it or convert it? Fair enough- the private companies owning the Internet groomed Users in to using product, becoming addicted and dependent on it without having advised the Users that everything they say, do and send will be archived and then one day the User would be told that everything they shared until that point, and going forward, would be the property of the Private Companies owning the Internet.

Proof of this Conspiracy? Easy enough- the business plans and Models of the private companies running the Internet, their VC’s, Funders, et al, know what the Law is. Better yet, look at their websites, each site stating a year plus Copyright and TOS, Terms of Service stating what they will do if you rip their copyrights off. No ostrich hiding head in the sand allowed here.  

Its all criminal. Get it?

There is no time for a Thesauras, a Homynym, a Synonym when it comes to stopping this Internet crime FAST. Let’s see, done online, between states and elsewhere in the world? Ding ding ding, add in Rockin’ The Rico. The crime has just gotten worse. No more time to lose in a warp speed virtual world where "imports" arrive and are removed across virtual borders, unseen, at every nanosecond of the day, every day, every hour, every minute, every month, all year, all day, all night, with not enough eyes to see this criminal behaviour in action. Moreso, when the watch dogs are doing the crime themselves. Lawyers download images without permission for legal briefs thinking they are above the law. Famous in Congress is former speaker Nancy Pelosi's office one News alert including The Monopoly Man, Paris Hilton, for starters. The playing field has changed. The rules, the laws facilitating enforcement have not. Now, its time to catch Congress up to speed and, mon dieu, even get ahead of the 8 ball instead of persistently playing catch up with 20 questions as did ICANN and Tech execs duck.

The old methods of catching thieves in action at Ports of Calls, at Interstate Trucking borders, Customs gates, plus, don't work for virtual crime. The criminals do the crime in front of officers. Who can see that the server was scamming a card as she 'wiped' her apron or was she scratching an itch? Technology has gotten so sophisticated, IP is being carried on PDAs held by a toddler, in Google Glass, or on devices as small as a grain of salt or minute as a misquito, so Congress has to go back to the tried and true and stop changing the workable and get everyone on the same page- Theft, Theft, THEFT even updating MPAA membership to reflect the shift on the sanctioned movie screen trailers away from warnings of Piracy/Anti-Piracy, from FBI oversight of IP theft to where oversight has been for the longest while- ICE, baby, ICE.

One word so Law Enforcement affiliates and partners will hear "THEFT" and go, 'aha', 'adunk', 'ya', 'oy' and so on in every language around the world. And when they do a cooperative action together, paperwork  matches, people match and actions succeed.

One word.

Property theft isn’t new nor is ID theft either. Zorro wore a mask as did the Lone Ranger and Batman. But they weren’t pretending to be someone else. Mrs Doubtfire, played by Robin Williams did. Mrs Doubtfire wasn’t stealing someone’s identity. She/he was using an Alias to get close to people to play with their emotions for self-serving selfish reasons. He/the Dad wanted to be with his kids so he lied to them to satisfy his selfish need.

Identity Theft would be the Wolf in Sheep’s clothing, covering himself with one of the sheep’s cousins, to blend in so the rest of the flock would not see his real intent- their being his dinner, lunch and supper for the week to come, plus.

This isn’t Kansas, as the expression goes. This is the real world. The harsh reality of IP theft and ID theft is the cost to unsuspecting people it hurts. Answers are not scripted in stone. Things are tried. Some work. Some don’t. I can tell you this… while Legislators are chasing ways to accommodate Technology perpetrating the Technology’s Criminal Activities of Theft on ARTS Content Creators and others, mitigation of IP and ID theft is not working, nor has it for years. Why? Damned if this answer isn’t too easy- the lawyers and others who came to Congress forgot about ONE WORD and, in their Sally Field moment of “they like me, they really like me”, Congress’ focus was not on the Law and clearly not on the Little guy, their constituent Legislators swore to serve.

So no more of MPAA hawking the word “Piracy”, eliciting visions of Peter Pan, Captain Hook, Johnny Depp and swashbucklers. No more of the Music Industry pushing “illegal downloads” as their term. Hacking is the word of choice for the IT community. File sharing and Infringement are two more words bouncing aro und the conversation. That are more than enough words to describe one illegal activity- Stealing.

We need ONE word. I put forth “Theft” as my nomination.

My experience to put forth “Theft” as my nomination is hands on, first person. When I trained as a CCIA at UCLA PD, I ended up doing something amazing. I was active in building the first discrete site crime analysis lab on a college campus on the continent. I did so by putting all my officers on the same page. As I am doing here, One Word. No more Panels, no more witnesses pulling pie in the sky silly notions out of the air, no more roundtables by the Register of Copyrights. Stop. If taking what belongs to someone else is ok and lawful, then strip yourself of everything you came to work with. It is no longer yours, it is mine. Your car? Your keys? Your kid? Your camera? Mine. Why? Because Congress said it is ok to take someone else’s stuff and call it yours. Oh yeah, Congress said so in a Law.

Doesn’t feel so hot, does it?

So I build Consensus Lexicon. Here is one for you, One Word- Theft. And then? Look below… the Technology that exists you can order all on line purveyors to immediately implement on to their sites to prevent IP Removal. As for how the Tech entities are going to make restitution for all their thefts to date? Grin, of course, I have that covered…. ONE step at a time. Start with THEFT. And, by the way, don’t leave the law making to the Committee GC’s. They forgot they work for the people.

ONE TERM, one word. Theft. That is when Crimes against humanity, people around the world, will change, when One Word the One Word is used, Theft, making global law enforcement more effective adressing IP and ID theft. No, Theft isn’t local anymore. Within seconds of being Online, you are victimized, everywhere in the world by strangers you didnt even know were watching, stalking, waiting to pounce, kidnap, bundle, auction. Our homes are no longer our domains.  No piracy, no hacking, no infringement, no file sharing, no yada yada yada. Not ten, One word- Title XVIII takes care of the rest                         [ https://www.google.com/search?q=title+xviii+stealing&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=fflb ] 

 So to recap,

Merriam Webster defines Stealing as (http://www.merriam-webster.com/dictionary/steal) steal               
to take (something that does not belong to you) in a way that is wrong or illegal                                    
 to take (something that you are not supposed to have) without asking for permission                                  
to wrongly take and use (another person's idea, words, etc.)                                                                 
to take the property of another wrongfully and especially as a habitual or regular practice
to come or go secretly, unobtrusively, gradually, or unexpectedly                                                                         
to steal or attempt to steal a base
to take or appropriate without right or leave and with intent to keep or make use of wrongfully <stole a car>       to take away by force or unjust means <they've stolen our liberty>  to take surreptitiously or without permission <steal a kiss> to appropriate to oneself or beyond one's proper share :  make oneself the focus of <steal the show> to move, convey, or introduce secretly :  smuggle
to accomplish in a concealed or unobserved manner <steal a visit> to seize, gain, or win by trickery, skill, or daring <a basketball player adept at stealing the ball> <stole the election> to reach (a base) safely solely by running and usually catching the opposing team off guard   to gain an advantage on unobserved to grab attention from another especially by anticipating an idea, plan, or presentation; also :  to claim credit for another's idea

I illustrate, successfully, IP theft each time someone says no one should own IP, the Internet should be Free. No. Yes. People own property you cant take without their permission or you have broken the law. Yes, the Internet should be for free. Ummm, no. Redo. The private companies illegally using us for their advertising revenue and bottom lines, owe each of us who have been compromised a boatload of money. Oh wait, damn. Their lackeys on Capitol Hill will be out in force ASAP to get Congress to make a law to stop that. So I reach out to the person and take something from their hands, or demand they give me their wallet. They always hesitate when I say that. I take it in hand and walk away with them calling after me, "You cant do that." I call back, "But I did and that is what happens over 4000 plus times, acknowledged, by each of the Private Companies taking my images with Bots that then bundle and auction except you saw me doing the Crime. You know where to find me. And I have no idea who all the domestic Thieves are in this abboration, of Congressionally sanctioned online crime hurting each and every one of your constituents, along with hurting Constituents of Legislators around the world."

And they go, "I get it." Yup. ONE WORD. THEFT!!!!

Technology is in place to order the private companies to implement ASAP, Pop ups with greyed backs whiting out a page, text that over prints text or simply ordering that ALL sites come with Lock downs that seal a page from being copied. Good start? No, the best start, effective ASAP. But then there is the question of restitution. I want my royalties. I want payment and penalty for each and every of the infringements of my ARTS, Image and ID. No black box or collective piss pot to dump the funds into. That is my blood, sweat and sleepless nights I am to be compensated for along with Right Of Publicity, Identity Theft, Human Trafficking plus.

There are local laws, State Laws, Federal Laws AND there are also the By Laws by which the Entity is run ie the Googles, the Yahoo, the AOL, and on and on, the will configure how the offense is categorized- under a single statutory Crime of Theft.

Congressman Tom Marino fears Congress isn’t the best people to act on this because of the fast pace of Technology. Fact is, who gives a damn how fast Technology moves, it is how strong and consistent the Law stands that matters. He’s right. Legislators cite the words chiseled on the Chambers back wall. Legislators need to take a moment and self reflect- Thou Shalt Not Steal- wasn’t carved in Marble for the heck of it. Copyight changed with advent of the Internet. The Internet made Copyrights more lucrative- stealing One copyright is like stealing the master plates from the Bureau of Engraving. You can make limitless copies.    The Law has been muddled, mangling livelihoods of ARTS content Creators. Look at the botched arguing of the Author’s Guild matter against Google Books, the decision of the 9th Circuit hurt all IP, ID owners and Content Creators. Google’s setting up a “free library” was never about Fair Use. Google was always about  needing Content to feed the Beast hence, just like the man who stole 300 girls from their boarding school, kidnapping and holding Author’s Content for Ransom- taking and then giving the book back if the author argued loudly.

Congress forgot its Job is to stop crimes from happening instead of facilitating thieves stealing. So I am making it easy for Legislators- One Word, Theft- like the hebrew word "Shalom" that means both Peace, Hello and Goodby except in this case, this One Word, Theft, means "if you do the Crime, you do the time...."

POP UPS REQUIRE AN ACTION SLOWING DOWN A POTENTIAL INFRINGER
GOOGLE, AOL, YAHOO, MICROSOFT ALLEGE THEIR TAKING OVER 4000 OF MY IMAGES AND RUNNING THEM IN THEIR IMAGE GALLEY WITHOUT MY PERMISSION IS FAIR USE PROTECTED BY SAFE HARBOR EVEN WHEN MY IMAGES HAVE STAMPED ACROSS THEIR FACE (c) CARRIE DEVORAH    MAY BE USED ONLY UNDER LICENSE...... (really) ....

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WHEN INFRINGING THE UNDEAD CAME BACK TO HAUNT JIMMY KIMMEL  (c) Carrie Devorah:
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October 26th, 2013, freelance photographer Kevin Proulx took a photograph that has become his nightmare. It isn’t the subject of Proulx’s image that is haunting him, it is that Proulx’s 2013 image of Toronto’s Zombie Walk has found life, again, on the Jimmy Kimmel show.

Proulx remembers the morning well. The Walk, that began with five Zombies. Over 10,000 Undead attended the 2013 Undead event. Proulx says 2013, was the second time the Zombie Walk was being staged, for the second time, from Nathan Phillips Square. The Zombie Walk had its start in 2003, coming alive over the decade with a Zombie Wedding. The Zombie Walk moved from Trinity Bellwoods, a Toronto public park back in 2012. 2011 was both a monumentous occasion for the Zombie Walk and its founder. Thea, founder of the Walk wedded for own Undead surrounded by fellow Zombies.

Nathan’s Phillip Square, coincidentally outside of Toronto City Hall at the corners of Queen Street West and Bay Street, proved to be a larger, safer, public venue with room for live bands, Best Costume Contests, where vendors to set up to sell and where “Return Of The Living Dead” Scream Queen Linnea Quigley threw out the ceremonial severed head. Proulx recalls the morning was “very windy, unusually cold and damp morning.” Proulx says his fellow photographers and “the wannabe undead were unfettered.”  Toronto’s Zombie Walk claims title of being, not only the first or original Zombie Walk, but the largest in the world. Proulx, who has covered this annual event almost back to its inception, shot off hundreds of photographs while trying to stay warm.

RoFo, formerly known as Rob Ford the Mayor of Toronto, wandered in to Nathan Phillips Square accompanied by his entourage. Proulx asked Rob Ford to pose with Zombie Mike D. Gohm. Gohm creates all his own make-up and props. Mayor Ford graciously complied with Proulx’s suggestion to chomp on Gohm’s prop human arm, before heading off elsewhere in the to the crowd.

Proulx knowing he had a “winner” called the Toronto Star’s photo editor who, knowing Proulx’s photo was a winner for the Star’s story about the Zombie Walk, agreed to Proulx’s license terms of a fee, one-time on and offline authorization to use Proulx’s photo http://www.thestar.com/news/gta/2013/10/26/bad_blood_between_toronto_zombies_says_run_organizer.html.

Proulx retained Copyright of his image.
Picture
Fair Use screengrab provided by Kevin Proulx
Picture
Photo (c) Kevin Proulx May Be Used Only Under License
Proulx was puzzled when he was inundated with congratulatory calls from friends and acquaintances including from Zombie Gohm, on Proulx’s attributed photo appearing on International TV. March 3, 2014, Proulx’s photo was on Jimmy Kimmel Live, as part of Kimmel’s television roasting of RoFo http://www.youtube.com/watch?v=TOBvGFvsgEc, Toronto Mayor Rob Ford. People assumed Proulx licensed his Ford photo to Kimmel, getting paid for use of his image. Proulx was indignant. Proulx did not get paid for his Zombie and Rob Ford photo. Proulx did not even get attribution, credit.

Proulx picked up the phone and called ABC headquarters in New York. “It was a waste of time,” said Proulx.

Proulx found that photo of Ford and Kimmel, with Jimmy Kimmel holding Proulx’s Zombie photograph, is available via the Disney / ABC TV media portal for 'Jimmy Kimmel Live'. “One must apply for an account to download” the photo of his photo, says Proulx. Proulx drafted a letter he sent to Kimmel’s LA based show publicist, Candice Ashton. ABC Television counsel, Michael Wahl, called Proulx. The conversation about “my photograph was also used to ridicule a public figure, the Mayor of my home town… was very civilized,” said Proulx, who said he was left feeling “like I was being patted on the head and sent home,” after speaking with Michael Wahl.

Kimmel show counsel was forthright, says Proulx, recounting that Wahl said Wahl had no idea where they had sourced the photo, and that as far as he knew ABC had not taken any steps to determine if it was a copyrighted work or not. Proulx recalls Wahl saying ABC usually sources images from Getty and would pay in the range of $350 for the use of a photo from a stock agency, stating, as Proulx recounted Wahl saying “that they owed me nothing: there would be no credit given, and they would continue to use my photo on YouTube (it can be seen at timestamp .47 to .52 of the Part 2 interview with Rob Ford from March 3rd, 2014 broadcast). ABC does not believe there was / is any copyright infringement.

Proulx is not a Getty photographer.  

Proulx, proprietor of Third Eye Photographics, says “I feel like I’d been robbed.” The Toronto Zombie Walk organizers wish to distance themselves from Kimmel and his show's unauthorized use of Proulx’s photo to humiliate Toronto Mayor Rob Ford concerned about it resulting in bad blood between the City and even denial of permits for 2014’s Walk and use of Nathan Phillip’s Square. 

Abuse of Title XVII, Section 107 of the US Copyright Code is rampant among the legal community, Internet hosts, Internet Service Providers and just about anyone who wants to use  an ARTS content, photograph or other, without payment to the IP Intellectual Property owner. Section 107 of the US Copyright Code states equivocally that Use of a "Work", in this case, Proulx's photo of Rob Ford with Gohm's "Undead" character, prevented Proulx from earning money from the Zombie "lunch" photo (http://www.copyright.gov/fls/fl102.html.) Section 107 "sets out four factors to be considered in determining whether or not a particular use is fair. 
  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use upon the potential market for, or value of, the copyrighted work"         

Disney/ABC, the Jimmy Kimmel Show and Jimmy Kimmel as the individual who held, displayed, presented and discussed Proulx's photo are potentially all complicit in using Proulx's photo on internationally viewed TV, opening Proulx's photo up to extended Copyright abuse, along with costing Proulx' additional income loss with Failure To Attribute Proulx as the Author of the photo to contact. The photo was displayed with Proulx's name and affiliation cut out from under his photo, a possible indication of Intent to Defraud, Alias, Orphaning Proulx work. Orphaning is when a Content Creators's Metadata is removed from their ARTS work, leaving the ARTs content without its "mommy" or "daddy." A lawyer understanding of Copyright Law abuse will look to consider Intent, Conspiracy, the Wire Act along with a host of Author legitimate charges that go along with stealing a Copyright, even for Parody or for a Hollywood giggle at the expense of a City attached to a colorful Mayor.

Proulx is within his right to adress the personal public embarrassment he felt from the use of his photo on Disney's Jimmy Kimmel Show. As the owner/agent for his photographic images, Proulx was denied the ability to hear how his photograph would be used, a consideration every Licensor thinks through before releasing their ARTS content for 2nd party use. Proulx is a die-hard Torontonian. Ford or no-Ford embarrasing himself, a consensus of opinions voiced in Toronto's National Post by 7th graders, the decision to humiliate Toronto-By-Ford, was made for Proulx by Disney

In these days and times of increasing image theft, it is a photographer’s reality they may not get rich off their photos. Proulx, who recalls taking his first photo when he was nine and having his own camera, a gift from his mom, at age ten, says “I have hopes for the photography business supporting me through my retirement and supplementing my income until that time arrives.” Proulx still cannot believe that he was infringed by Disney, “ABC no less (who hammer others for unauthorized use of their copyright works).”

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LIFE+ 70 FOR COPYRIGHT THIEVES IS NOT LONG ENOUGH         (c) Carrie Devorah :
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Derek Khanna was fired after Republican Study Committee Members complained about Khanna’s advocacy to reform Copyright Laws. Khanna has gone on to argue on unlocking phones after his RSC moment and Copyrights. Unlocking phones is a conversation to be held in a different time zone than Copyright terms and statutory damages. It is like confusing apples with elephants.

Copyright Reform advocates misrepresent the value of Copyrights in the Real Worlds of the Arts Community, freelancers, Small Business and Entrepreneurs. One person’s good idea can go along way in the world of providing jobs and benefiting local, nationwide even global Communities. Think Kentucky Fried Chicken. McDonalds. Banksy. Baryshnikov, Michael Jackson’s signature moves, Jay Z and Bey(once). Copyright ownership pays college debt, pays a down payment on a house, buys ACA health insurance, provides money to live on for those who choose to pursue their dreams rather than a 9-5 three S’r, Shower, S*$t and shave.

Copyright reform advocates eagerly claim to cite the Constitution as platform for their agenda. Except that, Copyrights are property, personal property and content created by individual citizens walking in the footsteps of the Founding Fathers, who advocates conveniently forget, were something before they became Founding Fathers. They were Property Owners and Content Creators- inventors, writers, entrepreneurs and innovators who remembered their beginnings when they crafted the Constitution. The Founding Fathers provided The Fifth Amendment, "No person shall…. be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Life +70 is not long enough for an ARTS Creator to own the rights to the Legacy content they created, Intellectual Property that is an heirloom, that should be handed down generation to generation in the same way families hand down bibles, just like the Bibles Presidents are seen swearing in on during their Inaugurations. Copyrights are no different than businesses kept within families for generations, farmlands, heirloom couture, great great granny’s Picasso or the Banksy some lucky buyer bought for $60 on a street corner in New York City a few months backs.

It is only fair then for Copyright reform proponents, advocating shorter Property Rights ownership terms, to divest themselves of items that have been in their family more than Life+ 70. If Copyright reform intent is to steal Heirloom Copyrights from their Creators and Creator’s descendants then shouldn’t these other valuables be removed too.

Statutory Damages is not as simple a conversation as Khanna presents. There is a reason why Title XVIII follows Title XVII. Stealing, Copyright Theft and Piracy, one and the same is criminal. That the world has lost its morality online with little respect for Privacy is no argument for reducing punishment for taking someone else’s Property, yes, Copyright is Property.

Want to use someone’s "Constitutional" Copyright? Ask the Copyright owner. Can’t find the Copyright owner? Two choices. Leave the Copyright alone or do as the Founding Fathers' did- DIY, “Do It Yourself.” The maximum penalty for counterfeit trademarks? Ten years in prison and a $2 Million fine. Conspire with others to steal Copyrights? The maximum statutory penalty is five years in prison and a $250,000 fine.

If you ask me, neither penalty is long enough.

I would go for Life+ 70.

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NO JOKE . THIS COMIC BOOK IS AVAILABLE FOR FREE FROM THE USPTO
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Government dollars at work DONT WORK. Did you know this TRADEMARK COMIC book is available free of charge from the USPTO, the what? THE UNITED STATES PATENT OFFICE. Cost..... asking. Will get back....

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TECH ACTIVISM HEIRLOOM COPYRIGHT HEIST (c) Carrie Devorah :
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There are two sides to every story. When it comes to Copyrights there may be more than two- the Content Creators story, Technology’s and Derek Khanna’s Opine on Copyright Law and the Radio
http://dailycaller.com/author/dkhanna/

Khanna’s opine reminded me of my mentor’s earliest lesson in Licensing. Fresh out of Pratt, new in my ARTS career, my mentor gave me Copyright Clarity. He said, “The relationship between Artists and Agents is like the relationship between Pimps and Whores. If the Agent had talent of his own to sell, he wouldn’t need you but he doesn’t. He wants what you have and will tell you what you want to hear to sign on his dotted line...” My mentor’s words remained Mantra when it came to my negotiating deals, “if they could do it themselves they would. They can’t. But I can. This is my price. Like it. Good. Don’t like it? Bye.”

ARTS Creators are valuable to evolving technologies, Search Engines, Cable, Aereo, Publishers, Copyright Thieves and all Matters Copyright, as is Khanna’s Opine, too, protected under Copyright Code, Title XVII, Section 102, “…(1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.”
Let’s talk Radio.

Remember Radio’s Battle of The Patents? Nikola Tesla was granted Radio patent Numbers 645,576 and 649,621. Corporate Activists interfered costing Intellectual Property creator Tesla to lose First File to Marconi. Marconi’s stock rose on Wall Street from $3 to $22 before Tesla prevailed.
Activists are interfering again.

Copyright is One-Size Fits-All. Copyright Protection is for Intellectual Property, the same for a Cup Cake Recipe, a new plant species, new breed of Tea Cup Yorkie, owner’s design of Jockeys silks or even Derek’s editorial. Internet associations, Activists and Lobbyists are intent to parse, split, dice and slice Copyright laws they espouse “should not be owned at all,” pitching Legislators a distorted value of an ARTS Copyright to its Creator. Abusive interpretation of Copyright Law must end.

It takes many players to put out Content, just like it takes a village to raise a child. ARTS and Personalities make Radio stations. If Corporate Whales don’t want to pay the cost of doing ARTS business, Royalties for Metallica, Beyonce, Jay Z or “America’s Got Talent” stars, an expense no different than paying Angels, Investors, VC, IP/IT fees or decorating posh offices et al, tell your investors to imagine Corporate bottom lines without ARTS. 

America really does have talent. IP thieves, Copyright Wolves, Corporate Whales and Sharks want it. It is a jungle out there for ARTS creators.

Khanna wrote the Trans Pacific Partnership Agreement will “restrict the ability of Congress to engage in domestic law reform to meet the evolving IP needs of American citizens and the innovative technology sector.” Wrong. In our Internet world, ARTS Copyrights is a global matter. With over one hundred signatories on the Berne Convention, trying to stop Copyright Law Abuse, no wonder Khanna doesn’t like TCPPA. TCPPA protects Intellectual Property Creators. If Tech Activists don’t like TCPPA then write photograph, draw, film or sing Content yourself but Keep Your Hands Off Our Copyrights. Removing or reducing ARTists royalties does not generate new jobs instead it stifles innovation pushing ARTS Creators on to Government dole. Corporate bottom line is not ARTS Creators’ worry. ARTS Creators’ concern is a Living Wage. 

Royalties are corporate partnering with ARTS Creators able to cut  deals themselves through opportunities to e-showcasing their talent globally via  youtube channels, mobile bumps and Dick Tracy watches. Corporations have options. Create an ARTS barn of people working for a fee. They won’t. They know spin doesn’t drive sales, talent does. 

Stealing online IP risks  Rockin’ The Rico. Circular 1, Copyright Basics, section “Copyright Registration” says “…Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.”  Khanna doesn’t like Tort Abuse. Simple. DON’T STEAL.
 
Askme.com, the poor ARTs Creators reference of choice, says “copyright law exists so as to govern the legality of ownership of an original work including the right to copy, adapt and distribute the work. Other users need authorization from the owner.” Users agree to Technology’s policies. Tech needs to man up and agree to ARTS Creators policies or create Content themselves.

The playing field for ARTS Content use will level when Corporate Biggies give up salaries, paychecks, perks, speaking fees agreeing to work in speculation of getting paid, if at all. Khanna’s e-world activism demands ARTS Creators give away family heirloom Intellectual Property for cheap. Forget Toddlers & Tiaras. Take this show on the road. Call it the Heirloom Copyright Heist.

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THE INTELLECTUAL PROPERTY OF IT ALL: WITHOUT MARCO POLOs 2D(dimensional) ARTS IP(intellectual property) CRISTOFORO COLOMBO WOULD NEVER HAVE DISCOVERED THE NEW WORLD  (c) carrie Devorah :
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There is an IP(intellectual property) lesson learned from the Discovery of America…. Columbus Day is celebrated with pomp and circumstance. Marco Polo is the man least credited for the New World being found. All Marco Polo gets is a popular water game of Hide n’ Seek named after him but in the real world of exploration and adventure, there is more to the Intellectual Property story. At an age current health policies considers adults to be kids, Marco Polo, all of 17, traveled 5600 miles with his dad, Niccolo, and uncle, Matteo, to meet the grandson of Ghengis Khan. Kublai Khan was the Emperor of Hungary, Russia, Persian, North India, China and Korea. Polo was all of 17. The year was 1271. Marco Polo was considered a man.

Marco’s father and uncle had met the Emperor on one of their earlier adventures. Kublai put a personal order in with Mat and Nic. Kublai asked of
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them to bring back One flask of Oil from Christ’s Tomb in Jerusalem, and, Marco’s father and uncle had met the Emperor on one of their earlier adventures. Kublai put a personal order in with Mat and Nic. Kublai asked of them to bring back One flask of Oil from Christ’s Tomb in Jerusalem, and, 100 teachers of Christianity. Pope Gregory X had sent only two Dominican friars to preach. Post the death of Pope Clement I and the Wars of Europe there seemed to have been a dearth of designates.

Marco, Matteo and Nicolo forged forward when others turned back from the attack by Turkish Muslims. Marco stayed in China until age 37. Marco Polo had been nominated an envoy of Kublai Khan. Time came for Marco to return to Italy. Polo was captured in the Battle of Curzola. Marco was taken to Genoa where he was imprisoned. Time on his hands, Marco Polo shared tales of his adventures with fellow prisoners. Rustichello da Pisa wrote down the tales Polo talked of- travels through Persia, life in China, marveling at Mongolia, India, the Far East- these were all places others heard of but never ventured to. Marco had, as a young man and, most important of all, survived to tell the tales. Rustichello wrote and wrote eventually ending up with enough adventures to fill a book called, aptly enough, “The Travels of Marco Polo”, a best seller that swept Medieval Europe. Remember this was pre-Kindle times.

Marco Polo was called a liar. His book was branded the book of One Million Lies. Europeans had not heard about mail delivered by courier on horse, women with stunted feet bound from childhood, herbs unseen (yet) by the great chefs of Europe, coal, porcelain, silk thread, gunpowder, money, glasses, noodles and ice cream, hence, stands their rationale if they had never see it, it could not be true. But Marco’s stories were true, along with the story of the Magi buried in Saveh in Iran, Marco told them, along with his credentials of being the sons of a noble man from Venice. Time would tell and spoil, generations across time zones. It seems China, much maligned in Hearings addressing Intellectual Property and Copyright, was in fact, where IP was being stolen from… hundreds of years before the 113th Session of the US Congress, racked with rhetoric accusing Chinese of stealing innovation Americans are taking claim of origin for.

One Million Lies, the true story of one Man’s adventure should have been where Marco Polo’s adventures ended. One  hundred and twenty seven years later, Marco’s spirit was resurrected.

1451. Christopher Columbus was born. Conflict between Christian travelers and Muslim raiders have got worse not better. China’s trade routes to the Near East from Europe, the Silk Road (not the one created by Internet skulkers to trade contraband with currency that goes ‘poof’) was more dangerous than a century earlier. 1453. Trading stopped. Ottoman Muslims conquered Constantinople.
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Chris Columbus had come upon a copy of Marco Polo’s book. Chris, not a learned man, but a well read man and a believer in Biblical prophesy, was so much so enchanted with stories of a land on the other side of his world that he scrawled notes on the books pages.


1492. Columbus wrote the King and Queen of Spain, lobbying them for two years, about lands of the Near East and a man called Khan. Chris was 41. Chris’ pitch to the Royal Purse was spot on. Chris pointed out that the Royals, devoted to Christianity, and set against the heresy of Mohamet, should send him, Chris, to India, the Royals messenger of conversion to Catholicism. That said, Chris’, a strategist proposed he travel by that Road Less Travelled, by way of the Occident. Few people had traveled that way. It was going to be Boom or Bust but Chris was game. After all, he had been inspired by the 2D(dimensional) ARTS IP(intellectual property) of Marco Polo, lived and died hundred plus years before Chris graced the earth. With a thumbs up and backing of the Royal Spaniards, Chris headed out. Columbus captained the Santa Maria.
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Everyone knows the ditty, “In 1492, Columbus sailed the Ocean blue…” Chris took a page, figuratively, from that of his hero, Marco. Chris journaled his adventure, by the light of the moon with no Internet or plug in around. Chris did it the Old Fashioned way, with Pencil and Paper, the same way IP(intellectual property) begins, still, centuries later.

October 10, Chris wrote of restlessness in the ranks. His crew were scared. The voyage was long. Being tired, his sailors were demanding to turn back. Only the Admiral seemed to want to forage on. The Admiral being Chris told his men to deal with it. Forward.

2:00am, the morning of October 12, Juan Rodrigo Bermeo, on the Pinta, saw land. Bermeo fired his Lombard. Columbus said he saw land hours earlier. The significance of Columbus’ claim? The booty that came with First To See, an awkward tweak of Copyright First To File. Being the Admiral, Columbus got claim to the booty promised in the deal Chris cut with the Royals although he never did get the reward, itself. The Royals had been broke when Chris negotiated the possible spoils from discovering new land albeit land that people already lived on, another ancient comparative to Modern Day trials with ARTS, Creation and Technology. Chris squatted on America- sorta- or San Salvador, as he called it.

The Arawak were gentle. Chris journaled “were peaceful and friendly.” 12 October 1492 Chris wrote, "Many of the men I have seen have scars on their bodies, and when I made signs to them to find out how this happened, they indicated that people from other nearby islands come to San Salvador to capture them; they defend themselves the best they can. I believe that people from the mainland come here to take them as slaves. They ought to make good and skilled servants, for they repeat very quickly whatever we say to them. I think they can very easily be made Christians, for they seem to have no religion. If it pleases our Lord, I will take six of them to Your Highnesses when I depart, in order that they may learn our language."

The deal Chris cut with the Royals was generous. Seems the Royals did not count on Chris returning to collect- half of the financing came from private Italian investors Chris had lined up. The other Venture Capitalism, or Angel Funds, came from the Royals whose Treasurer moved money around in the Royal accounts for their half of the Capital. Chris got a title "Admiral of the Seas." Columbus had negotiated Chris would get a portion of all profits. Ferdinand and Queen Isabella said  if Chris succeeded he would be appointed Viceroy and Governor of all the new lands he claimed for Spain, the right to nominate three persons for any office in the new lands,  10% of all the revenues from the new lands in perpetuity and the option of buying one-eighth interest in any commercial venture with the new lands and receive one-eighth of the profits. Sweet. Not.

Being the man that he was, Columbus didn’t quite admit he had not reached the Indies, rather another land fairly new to Europeans. Chris had gone back and forth multiple times. The Royal Spaniards were beginning to question there investment in Cristoforo Columbo so much so they imprisoned him leaving his heirs to sue the Crown for what they believed the Columbo family was entitled to, as heirs, the pleitos colombinos, a protracted series of legal disputes.

And so it was that the 2D(dimension) ARTS(written word) IP(intellectual property) of Marco Polo inspired Chris Columbus and so it goes, the lesson of the Chris Columbus should be for Creatives, a contract is only as good as the paper it is written on and even then, one never knows the nature of the person the paper is signed with. Chris did the work and the Royals stole his Profits. That said, forever America is indebted to the Man who said he found her first, sorry Juan…..

The rest of the Columbus Day Story sheds insight into the IP-© Right Of Claim of who took what from whom (filed) first…………… or in this case, who was at the helm of the Ship deciding who made the return trip back to Spain

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AM SO WILD ABOUT NEVADA HARRYs LAW OF THE LAND DECLARATION.... Yup (c) Carrie Devorah :                                            ________________________________________________________

Harry Reid made his point government looming shutdown in the Budget Debate – four words- THE LAW OF THE LAND. Nevada’s Tax Haven makes Harry’s Laws different from the Land.

The law of America is to pay taxes and to cooperate with the IRS. Nevada is one of two states that wont share information with the IRS. Nevada is one of a few states that is a magnet for corporations layering shell corporations Nevada holds its state to a different authority. Harrys. As far back as 2006, Congress was holding hearings into Harry’s Home State (http://www.keytlaw.com/irs/061114test.htm). The difference between 2006 and 2013, it takes seconds on line to support that Harry has been playing Houdini with monies that should be making AMERICA’s bottom line healthier rather listen to Harry’s Home State commercials, ‘What happens in Vegas Stays in Vegas.” Not anymore- courtesy of proponents of the Free Internet, administration, Search Engines and ISPs.

The vitriol of the politics is unsustainable. People are being scared to death. The Talking Points on Cspan and other shows has become vile. Legislators get on and slam colleagues. Callers in repeat the same nonsense being repeated show to show to show. There isn’t much to argue with when documents that were filed are put forth.

So, concurrent to the conversation of Technology hiding billions, domestically and/or overseas, and the conversation about Bitcoins, the newest con game in town, the Usual Suspects: Nevada, Delaware, Texas and California including Google, Facebook, Microsoft, Oracle and a few unexpected diamonds…

Heads of Google? Facebook? Microsoft? Apple? Taking people’s Intellectual Property? Democrats. NOT Conservatives yet both companies have all types of people working there point being the decision to take people’s private information and sell it isn’t a Right Wing Conspiracy.

Google- home state Senator Feinstein and Boxer. Same for Facebook, both of whom have Corporations filed as Foreign Entities in Nevada, Texas and Delaware, Safe Harbors they hide behind in their effort to avoid paying for the coming Judicial Decisions for Rocking The Rico and Abuse of Fair Use. 38 Hits for Google in Delaware. 11 Hits for Google in Texas. 14 Hits in Nevada (give or take a few in each state).  Microsoft? Washington state- Patty May. Apple? Home state- Cupertino, California.

Facebook- home state Senator Feinstein and Boxer. 3 Hits in Nevada, 9 Hits I Delaware including Facebook Beirut LLC/Payments/Services/Investor Group/Operations/Global Holdings. In California, home state? 3 Hits. Facebook Payments/Sales and Inc. Texas? 3 Hits. And the fun fact that Facebook is homed in CA at 1 Hacker Way in Menlo Park.

Microsoft Network LLC, a Washington State (Patti May) mailing address claims a State of Formation in Delaware (Joe Biden) and has a Texas Taxpayer number yet failed to register am SOS Registration Date, Registered Agent name or Registered office address. (https://ourcpa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaGetTp?Pg=tpid&Search_Nm=microsoft%20&Button=search&Search_ID=30119174875)

In the state of Nevada, 1.17% tax is supposed to be collected on gross wages with payroll over what used to be $62,500, slightly hard to do if the Foreign Entity doesn’t make that Declaration.

Nevada has beacoup Registered Agents some of who are national companies. The Corporation Trust Company of Nevada lists a registration of over 43,500 business entities in Nevada.  National Registered Agents, Inc of NV  represents 19,275 entities. Nevada Corporate Planners Inc register over 5395 companies. Some like Braemar represent only two. It seems the Apple does not fall far from its genre.  United States Corporation Agents, Inc. lists 23,670 foreign corporations, a few of which are Squanto LLC, an active corporation listed at 2269 Chestnut Street in San Francisco CA 94123. Managing member? Paul Francis Pelosi Jr.

(http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=WVYFdWMr5BXsVfOUxPehzA%253d%253d
) Natural Blue Resources listed out of Santa Fe New Mexico at the adress of 200 W Devargas St 7, 87501, with Paul Pelosi Jr, (president and secretary) affiliated with DATAMEG CORPORATION out of Delaware; Petrus Capitol Holdings one of two Business entities under registered agent “SERGIO ADAMI”, and the other, TISQUANTUM FERTILIZER COMPANY INC. (http://nvsos.gov/SOSEntitySearch/CorpDetails.aspx?lx8nvq=1hZILBjyWFb%252bvSKGOs%252b6Cw%253d%253d&nt7=0) According to (http://www.trademarkia.com/squantos-secret-fertilizer-85163214.html)

On Thursday, October 28, 2010, a U.S. federal trademark registration was filed for “Squanto’s Secret Fertilizer” by Tisquantum Fertilizer Company Inc   Henderson, NV 89052. The USPTO has given the “Squanto’s Secret Fertilizer” trademark serial number of 85163214. The current federal status of this trademark filing is ABANDONED- no statement of its use was filed.The correspondent listed for “Squanto’s Secret Fertilizer” is Tisquantum Fertilizer Company Inc    of 2850 W Horizon Ridge Parkway Suite 200, Henderson Nevada, 89052, . The “Squanto’s Secret Fertilizer” trademark is filed in the category of “Chemical Products.” The description provided to the USPTO for “Squanto’s Secret Fertilizer” is Fertilizers. The owner of US Trademark No. 85163214, include Tisquantum Fertilizer Company, Inc   Inc and the “other” company registered  by Sam Adami, being, Petrus Capital Holdings Inc. On  October 28, 2010, the trademark, Squantos Secret Fertilizer was filed. The trademark was accepted on April 19 2011.  January 16 2012, the trademark was abandoned.

The Registered Agent, Secretary and Treasurer of Tisquantum Fertilizer Company Inc, as of 2013, according to the online Nevada Department of Corporations, are Adami. Paul F Pelosi is listed as a Director in 2013. The company president is Xu Hu. A director of the company is Paul F Pelosi. The given adress for all is 2830 W HORIZON RIDGE PKWY, Henderson NV 89052.

The irony of the trademark, albeit abandoned, Squantos Secret Fertilizer is named after an Indian, whose other name was, shock, Tisquantum, the name of the company Paul F was listed as director of in 2013. Tisquantum born, died and buried in Massachussets (Burial Hill, Plymouth, MA) must be rolling over in his grave to be so dishonored with a Fertilizer Company named after him. Tisquantum was the Native American who assisted the Pilgrims after their first winter in the New World and was integral to their survival, according to Wikipedia. If Paul Pelosi can sit as a Director on a company for Fertilizer in 2013 then surely Dan Snyder wont be slammed anymore for a the historic name of his football team.

Natural Blue Resources, Inc., a development stage company, engages exploration, acquisition, and development of various interrelated ‘green’ businesses, including waste stream recycling, plastic and steel recycling, and a ‘print responsibly’ business segment that would use recycled printing processes both online and in the traditional print process. Subsidiaries The company’s principal direct or indirect wholly-owned subsidiaries include EcoWave, LLC a Delaware limited liability company (EcoWave) and Natural Blue Steel, Inc., a Delaware corporation (NBS). (http://corp.delaware.gov/pdfs/whycorporations_english.pdf)

Delaware posts to its website “More than 1,000,000 business entities have their legal home in Delaware including more than 50% of all U.S. publicly-traded companies and 64% of the Fortune 500. Businesses choose Delaware because we provide a complete package of incorporation services including modern and flexible corporate laws. Delaware offers remote agents (http://www.corp.delaware.gov/remoteagts.shtml)”

EcoWave holds the worldwide, excluding the Republic of Korea, use and manufacturing license to patents and technology rights for waste treatment using microwave technology. Kaleida Eco Ventures, Inc. (Kaleida) is licensing the technology for use in waste treatment plants located in Korea. Kaleida is the manufacturer of the equipment which EcoWave intends to market and sell. It is intended that EcoWave would sell waste treatment equipment into which is incorporated a proprietary process to third parties who would treat waste. In December 2009, EcoWave purchased the pilot unit necessary to allow EcoWave to facilitate a hand review of the process and establish small scale residual processing. Natural Blue Steel The company has formed NBS to operate in the recycled steel market. The company, through NBS, intends to make arrangements for the purchase and subsequent resale of recycled steel, through the acquisition of abandoned buildings, which it would demolish to recover and sell the scrap steel. NBS’ principal product and service would be the identification and procurement of recycled steel predominantly from old warehouses throughout North America and then the dismantling, cutting, and transporting of scrap steel to its end customer. History Natural Blue Resources, Inc. was founded in 2009..

Nevada incorporators claim Nevada provides a layer of privacy and anonymity.

Banks are supposed to contact Office of Foreign Assets Control (OFAC) to verify you’re not on a “watch list” before you open an account.  OFAC is a department within the US Treasury of which the IRS is the collection arm. While the Nevada Secretary of State doesn’t collect stockholder information, corporations and LLC’s must file for a state business license, fill out the application asking for names, addresses, date of birth and the SSN of all the owners, and pay a $100 fee.   (http://nevadavirtualoffice.com/Nevada_irs_information_sharing_agreement.htm)Nevada Virtual Information says Harry’s state of Nevada sells their information to clearinghouses.  “These data firms sell their data to ChoicePoint.  This company provides data mining and database services to the IRS.”  NVO advises companies, if you want your information NOT sold… grin… be nice to Wild Shot Cheney in that his home state of Wyoming doesn’t sell corporation information nor  collect stockholder data either.  IRS employees know how to use the internet and can log unto the NV Secretary of State website. But when Registered Agents have thousands of foreign corporations they represent, the time needed to go through each and every Registered Agent clients is daunting.

The jump to dump DOCS has been the best and the worst thing in the history of the world. A stalker can find a target; the IRS only needs to search “CASH” “Food” and a zipcode.” Harry had his Department of Corporations put their database on line, as did Nancy Pelosi, Patty May, and every other leader, Senate, House, Republican or Democrat, black, white, pink, immigrant born or native son. The IRS will be raking bucks in chasing people down. Every brother, mother and well intentioned customer just wanting to give a Shout Out on YELP to their FAVE has become a blogger. It was just a matter of timing Harry’s Home State of Nevada would be outed by his own words, THE LAW OF THE LAND, a brief history of which is at the end of this piece.    

The anger heard from the people is being misdirected. The people’s anger should be launched at Legislators who came so ill prepared to this debate with poor research provided by staff. IF this is about the people then Patty May owes her constituents an apology for knowing her whale is swimming in Harry’s and Joe’s and other states ponds when those diverted Tax Dollars are needed back home. As should Governor Jerry Brown be slamming his constituents for hoarding money in every political duckout pillow when Home State needs a handout.

As for Texas, Ted- 21 hours is to be applauded, black sneaker et al but the point would have been better made having a staff who figured this out and given you the millions of corporations names hiding in Delaware and Nevada to make the point, there IS money and Harry, Nancy, Joe (and Texas, Wyoming, etc) are hoarding the caching that will even out America’s bottom line. Put the Bucks Data before the people? Mr. Obama is always wanting people to tell him what to do…. The Internal Revenue Service will be doing just that. Be nice to them. Quoting the USPTO, ‘we dont write the laws, we just enforce what Legislators write.’ The IRS is in lockstep with Mr. Obama as enforcement for Data Gathering on who has how much, have they paid, insured and all is the IRS is supposed to bird dog bag to the President. Watch, more ‘Manchins’ whose home states are hurting will come on board the Back The Budget and Get Off The Obamacare train…. Remember… courtesy, Google, Facebook, et al? The IRS is watching you and you and you and you… And reconsider, staff who should have done this digging and ‘reporters’ when what Legislators really need are damn good investigators who look beyond headlines even Legislators have resorted to citing as inspiration…

So to Recap with a bit of Taxes History Lesson Courtesy of the IRS. Think about Squanto at Thanksgiving time. Consider this his gift, round two. Squanto met the English ship the Mayflower when it  landed, in 1620, on the shores inhabited by the Pokanoket. It was Squanto who welcomed the newcomers and taught them how to survive. When the harvest was gathered, the Pilgrims and Indians feasted together–a tradition that continues hundreds of years later. (http://www.irs.gov/uac/Historical-Highlights-of-the-IRS)

1862 – President Lincoln signed into law a revenue-raising measure to help pay for Civil War expenses. The measure created a Commissioner of Internal Revenue and the nation’s first income tax. It levied a 3 percent tax on incomes between $600 and $10,000 and a 5 percent tax on incomes of more than $10,000.

1872 – Income tax repealed.

1909 – President Taft recommended Congress propose a constitutional amendment that would give the government the power to tax incomes without apportioning the burden among the states in line with population. Congress also levied a 1 percent tax on net corporate incomes of more than $5,000.

1913 – As the threat of war loomed, Wyoming became the 36th and last state needed to ratify the 16th Amendment. The amendment stated, “Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.” Later, Congress adopted a 1 percent tax on net personal income of more than $3,000 with a surtax of 6 percent on incomes of more than $500,000. It also repealed the 1909 corporate income tax. The first Form 1040 was introduced.

1918 – The Revenue Act of 1918 raised even greater sums for the World War I effort. It codified all existing tax laws and imposed a progressive income-tax rate structure of up to 77 percent.

1919 – The states ratified the 18th Amendment, barring the manufacture, sale or transport of intoxicating beverages. Congress passed the Volstead Act, which gave the Commissioner of Internal Revenue the primary responsibility for enforcement of Prohibition. Eleven years later, the Department of Justice assumed primary prohibition enforcement duties.

1931 – The IRS Intelligence Unit used an undercover agent to gather evidence against gangster Al Capone. Capone was convicted of tax evasion and sentenced to 11 years.

1942 – The Revenue Act of 1942, hailed by President Roosevelt as “the greatest tax bill in American history,” passed Congress. It increased taxes and the number of Americans subject to the income tax. It also created deductions for medical and investment expenses.

1952 – President Truman proposed his Reorganization Plan No. 1, which replaced the patronage system at the IRS with a career civil service system. It also decentralized service to taxpayers and sought to restore public confidence in the agency.

1953 – President Eisenhower endorsed Truman’s reorganization plan and changed the name of the agency from the Bureau of Internal Revenue to the Internal Revenue Service.

1961 – The Computer Age began at IRS with the dedication of the National Computer Center at Martinsburg, W.Va.

A picture is worth a thousand words. ENOUGH of saying the Republicans are elitist and 1%. Not one of the documents below is from a company headed by a Republican…. The scans below are worth millions in much needed tax dollars and NOW you know why I am Wild About Harry….
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Texas Department of Corporations filing for Facebook (3 Hits)
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Delaware Department of Corporations filing for Facebook (9 Hits)
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Nevada Department of Corporations (Hit detail)
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Texas Department of Corporations filing for Facebook
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Nevada Department of Corporations (5 Hits)
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Delaware Department of Corporations - Google (Hits)
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California Department of Corporations filing for Facebook (3 Hits)
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Nevada Department of Corporations (detail of Hit)
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Texas Department of Corporations - Google (11 Hit)

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I HAD A DREAM TOO BUT MINE HAS BECOME A TECHNOLOGICAL 2D IP THEFT NIGHTMARE (c) Carrie Devorah :
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Amidst the many things that happened in 1987, were two special things- Dr. King’s iconic speech and, a teaching moment in Copyright history the Congressional Judiciary Committees neglected to draw upon as Technology’s creep on 2D ARTS IP Copyright Ownership algorithmically speeds up theft of ARTS Creators Works, Rights and Commerce. The teaching moment in Copyright history? Oh, its on the books, so to speak…. Fair Use, Right To Identity, Right To Publicity, something Dr. King’s Estate is fierce to protect, matters rarely addressed in Judiciary hearings on the Hill, these days it seems.

Kudos.

Jennifer Jenkins, director of the Center of the Study of the Public Domain at Duke University’s Law School, stated she respects the King’s family’s right to maintain their father’s legacy. Legacy? Legacy is a word to describe what a dear departed parent leaves a Child when parent passed. Synonym? Heirloom. Treasure. Yes, even a way to make a living no different than stock in a company or a family jewel, speedboat, $2 bill or a red jellybean touched by the late President Reagan or Eva Longoria’s back end of things she produces in film, stage and beyond. But for some reason, ARTS, the brain food of industry, has a different cachet. Profit from the ARTS caps out a Life Plus 70, unless you are Disney with special Congressional dispensation able to renew rights twenty years at a time.

Since when did We The People become We and Then There Are The Other People…..

Jennifer Jenkins went further in her argument postulating that EMI Publishing, the British conglomerate working for the King Estate has a reason for protecting Dr Kings “I Have A Dream Speech,” making money. To the head of the class, Jennifer. Yes. Remember Joel Grey in “Cabaret?” Money makes the world go round. Some make more. Some make less. And others? Don’t care to make money of their own at all preferring to take the sweat of hard work off other’s brows.

Reverend Dr. Martin Luther Kings “I Have A Dream” is the only non musical performance of its kind in the EMI catalogue, a little known factoid, that shouldn’t make a difference in Copyright debate but since it is being brought up in the mud slinging against the King Family for protecting their father’s likeness, it is to be noted. EMI Publishing auctioned its catalogue November 2011. The consortium owning Sony won the catalogue bid for $2.2 billion. Dr. King’s “Dream” was a separate deal struck with the King family. The sum? Undisclosed. Dexter King, chairman of the King Estate said “EMI was the best candidate to preserve perpetuate and protect the legacy of Martin Luther King Jr.”

Jenkins adjective for describing selling “I Have A Dream” is “Exploit.” Jenkins who did not list all or any personal encounters with Dr. King to offer first hand evidence of what the good Reverend wanted, publicly opines “that goal may be somewhat at odds with what King would have wanted people to do with his speech.” Furthermore, Jenkins said, that “every year on MLK Day that any kid, any educator, anybody should be able just to Google it online and watch the speech in its entirety. It’s a piece of history and I think most people think that he would have wanted it to be available (for free) maybe not available for use in a commercial but certainly available for education and journalistic purposes or documentaries about the civil rights movement.” No coincidence that Jenkins released her comments in and around the 50th Anniversary of The Speech, blushing publicity for herself and her organization by entering in to the debate invoking “The Dream.”

Excuse me but as the expression goes, who died and left her (a) King?

Copyright is a recognition and encouragement of authorship. Copyright is the vehicle by which 2D ARTS IP creators pay bills today and plan for tomorrow. It is not only legal but appropriate for Executors of Estates to define and restrict applications of the Copyrighted ARRS from requests and exploitations of Fair Use. Culture and historical value are secondary to the rights of the Inheritors of the Legacy. “Extract(ing) value” is the Law.

Detractors of Copyright Ownership, Dr King’s Estate, to be specific, challenge that Dr King would be turning over in his grave if he knew “I Have A Dream” was working for his family and descendants. Outspoken critics include some of the entities who marched with him, entities that fight to find financing for the Battle they continued. Fact is, the Speech are Dr. Kings words. And Clarence Jones didn’t demand a piece of the Copyright pie even though Jones worked on the speech.

Dr. King was an orator and an Author not an accountant. And he listened to sage advice. Dr King died leaving his family financially challenged, for the moment. The cash register on his “Dream” has been ringing for decades with protection of Trademark law under license by EMI Publishing. So what is Jenkins complaining about. People can buy a CD of King’s words for $20 at the King Center just like people can buy memorabilia of Elvis at Graceland, benefiting Elvis’ heirs, or images of the Beatles, or Dolly, or Reagan, or George Washington, the list of families, profiting from dead relatives goes on. Jenkins cannot profit from Dr Kings name in any way, shape or forum other than be a fan. Why, even the US Capitol cannot be exploited commercially nor images released from the Architect of the Capitol be used without permission. Without oversight, Dr King’s Likeness, Identity and Copyright, would be invoked for everything from car washes to conflict in the Middle East or What Would Reagan Do to Speakeasys or Beer Coolers at the Indy 500..

The defense of Kings Copyright has gone on for years.The King Estate sued CBS Inc. and Henry Hampton producer of the 1994 Mike Wallace documentary, “The 20th Century with Mike Wallace” in which CBS Inc used Dr King’s “I Have A Dream” speech. “The Estate said King’s Copyright was in force under Common Copyright Law retroactively to the date of his Speech. King copyrighted “I Have A Dream” a month later. CBS Inc. argued public performance of spoken word put The Speech in to Public Domain. The King Family argued the speech, albeit delivered over radio and TV, though unpublished at the time of its debut performance was protected under the 1909 Copyright Act.

The Matter was remanded to District Court where a green light was given for the Kings case against CBS Inc. to proceed. The 11th Circuit Court of Appeals ruled “A performance, no matter how broad the audience, is not a publication; to hold otherwise would be to upset a long line of precedent. This conclusion is not altered by the fact that the Speech was broadcast to a broad radio and television audience and was the subject of extensive contemporaneous news coverage. We follow the above cited case law indicating that release to the news media for contemporary coverage of a newsworthy event is only a limited publication,” positioning King’s iconic Speech into a protected arena of being delivered to Media, not the Public, limiting its exposure to protection from exploitation.

CBS Inc settled with the King Family before the Court Matter proceeded further. The Kings were paid lawyers fees of $10,000, a $1700 licensing fee. And an unnamed sum.  

That isnt the end of the iconic 17 Minute’s arguments in Courts, seventeen minutes being how long Dr. King’s “I Have A Dream” lasted.  December 1963, the King family sued Mister Maestro Inc and Twentieth Century Fox Records Company along for uses of his likeness. Fox had recorded the Speech at the Mall, in the course of covering news, the King speech along with all the Speeches given that day.

Fifty years later, on the anniversary of the MLK March, Twitter’s feed reignited fire in the bellies of people who want access to the Speech for free. Along with the throngs of people, of all colors, came to the National Mall, to recreate history, came criticisms of ‘how could the King’s cash in’ Obvious answer…. Who’s their Daddy? That’s who. And for that reason alone, the King Estate had the right to sell Dr. King’s Likeness and phrases for more than $700,000 to the Foundation that built the MLK Memorial on the Mall. “Excesses of copyright” for limiting release of  MLK iconic speech, photographs, sound bytes and images? No. Excesses of expectation that it should be free.

Clarence Jones is the attorney who set this debate solid where it should be, years back. Jones reminds people to this day he told King, ‘Copyright it (The Speech).’ Jones, currently a visiting professor at the University of San Francisco, is also Writer In Residence at the Martin Luther King Jr Research and Education Institute at Stanford University and Palo Alto CA. Jones is pretty heavy weight. Jones is the first African American partner in a Wall Street Investment Banking firm, twice recognized as Fortune Magazine’s Man Of The Month.  

The King family had been left without  much money.

The King Center, in Atlanta, provides people access to The Speech. All the people have to do is ask, submit an application, comply with the Terms Of Service and/or agreement. People that ask are given access if their proposal is accepted Miri Ben Ami requested playing her violin to the a recited accompaniment of one of the most recognizable collection of words, The Speech, in the 20th Century, a National Treasure.    

Courts ‘finding’ for Fair Use, defending the Fair Use was central to ‘the progress of science and advancement of the useful arts’ tend to look past Celebrity when benchmark is a Law for All People, not just Famous People.

People can photograph the heck out of the Words “I Have A Dream” if they want to make the pilgrimage to DC and climb the Lincoln Memorial steps up to where Dr Kings words are chiseled in to the ground stone. No one seems to know it The King Estate charged the National Park Service to put those words there. If they did? What of it? Disgraced President Nixon’s estate charged America $18 million for Nixon’s Memorabilia.   The video of President Kennedy’s assassination had a pretty price tag too. Alcatel licensed a clip of Dr King’s iconic speech for an ad Alcatel aired in 2001. That’s ok, for now. Wont be long. 2038 is when Dr. King’s speech will be in public domain.

Money doesn’t bring peace. Three years after the death of their Mom, Coretta Scott King, Martin Luther King III and Bernice were fighting Dexter in Court over their parents Estate. EMI chairman Roger Faxon says protecting right for compensation  of Kings words that inspiring the world is a responsibility. And Dr King’s name is invoked in the SOPA debate. At what price Copyright Innovation? Why should Entreneurship be free? Who makes those decisions? Who has the right to Censor a Copyright Owners Rights or their heirs their due Legacy? The entirety of Dr Kings speech will rarely be published or viewed or heard in full. Dr. King’s pitbull EMI will make sure violators are held accountable to the Law.

But not everyone is a Dr King. But every dollar and dime belongs to 2D ARTs IP Creatives too. Remember that Congress and Legislators around the world that Danceres and Artists and Musicians and Photographers had a dream too. In the Internet Age with each change made in Title XVII away from the Integrity of the Founding Father’s Property Rights declaration…. Copyright Owners dreams have become crippling nightmares growing exponentially each day the Internet Abuse of Fair Use and Safe Harbor isnt roped in…..

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ALL IS FAIR IN DEATH and UNAUTHORIZED USE OF IMAGES EVEN OF THE DEATH & TRAGEDY (c) Carrie Devorah :
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It is more than a decade since 9/11. The Twin Towers fell. The Pentagon was pierced. A plane led by heroes furrowed the fields of Pennsylvania.

Insults to living continue.

To some, 9/11 is loss of love. To others, 9/11 is loss of dignity. To others, 9/11 remains a loss of understanding of lack of compassion in men who commandeered not only their own lives with three planes but the lives of unwilling participants- fathers, mothers, sons, daughters- envied by the hijackers, men who relish hating what they are not- free. Even in death.

Families of 9/11 survivors engage in rituals that bring solace, be it memorials or making, day after day, another new normal since Survivors tragedy hit.

There is the pain that is not addressed publicly at least or unless another empathetic soul gets it.

Street vendors circle the World Trade Center site streets, making bank off 9/11 Survivors dead, hawking souvenirs themed on the disaster for a short time at least. There is an air of legitimacy to the souvenirs giving permission images of pictured living and dead have given permission. Street cops do nothing, it seems, to shut the street vendors down. Ask a cop. I did. They dont know how to tell if the souvenirs are legitimate or not. Cops do know how to ask for vendor’s licenses. The cops dont.

Residents aren’t happy. Families aren’t happy. Mayor Michael Bloomberg seems happy. Mayor Bloomberg adresses Semi Automatic guns. Mayor Bloomberg seems more focused on nannying the state on what New Yorkers and tourists eat or drink- nationally challenging is Bigger Better?

Mayor Bloomberg has moved on past what was once Bigger and Best. The sky scraping World Trade Center Twin Towers that were iconic to New York City’s skyline.

Management of the NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM isn’t happy with the Peruvian vendors hawking 9/11 memorial booklets to tourists crowding downtown New York. The visit is static- free tickets to the site, visit the Museum, go to Trinity Church, check out Zuccoti Square where the street dancers parade shirtless nipples popping in the cold December air, check out the Wall Street bull, the recently sold NYSE, Staten Island Ferry, One Wall Street suffering still from Hurricane Sandy, South Street Seaport Museum and boat to the Statue of Liberty. Not nearly as many go to the Smithsonian Museums downtown NY Native American Museum or the Federal Courts or the Jewish Museum in Battery Park or… the list goes on… ghoul sells as does the FOUR PLUS GROWING floors at CENTURY 21 beggaring the question WHAT recession as the privately held business plans two more levels. Considering 200 register clerks plus daily traffic I was told of 12K that is a lot of tourists snapping up THE DEAL by vendors $19.95 SEE ON THE COVER but for you? ONLY $5.00 dollar. FIVE DOLLAR. AND if you walk away the vendors chase the tourist a half a block before another tourist distracts them. The REMEMBER 9/11/2001 SPECIAL EDITION 2013 is a bargain at $10.00

A responder to 9/11 expressed sadness how souvenirs were being sold succumbing to the reality the stuff- hats, pens, mugs plus, sell to people who want to remember. The museum souvenirs bother her. The street vendors piss her off crawling everywhere tourists troll despite the ban on street vending around the WTC one wouldn’t  guess was in place with vendors up Trinity near Broadway or handing around the WTC preview. At odds with logic is that one can perceive that some souvenirs can be SANCTIONED at a souvenir site versus ROGUE wandering souvenir sales.

The argument that selling the WTC wares is sanctioned under the First Amendment as Free Speech is challengable. Community Board 1 member Paul Sipos was quoted expressing his disdain for the booklets sold by the largely Peruvian vendors as a reason he avoids the area. One seller expressed resentment for the Museum people who chase him away claiming his right to sell the alleged memorial booklets in the area of the WTC. The seller, Miguel, was quoted saying the police left him alone. Spokeswoman for the 9/11 Memorial Foundation, Michelle Breslauer, was quoted complaining there was “no organized effort to displace the street , vendors.” To the Museum people, it is about money. They do express what they could do with the money made cash off the books for a large part by the Peruvian sellers. The 9/11 Museum sells postcards, coffee table books, T Shirts and bags carrying official logoed product profit of which is intended for the Memorial, Tribute Visitor Center Museum and the preview site in a former camera shop located on Church Street across from Trinity Church. The preview site funded with grant money from the Starr International Foundation for $1 million allows visitors to interact with a kiosk they can print into a time stamped version to take home. Cost- $4.95. Twin Tower T-shirts $18. FDNY key chains $3. Photo brochures competitive to those sold by the Peruvian street vendors- $8.95.

Discerning who is behind the booklets is difficult. WTC NEVER FORGET Commemorative Book shows GLOBAL-WIDE SOUVENIRS NY 2013 cover page inside top displaying a RUDOLPH W GIULIANI quotation. CARLOS R CHAVEZ writes “I’ve made this book to honor to all the innocent victims who lost their lives on September 11 2001. A few email adresses are listed in the publications [email protected], [email protected] and Carlos. Carlos posts his email address [email protected]. No responses come from emails sent to the published adresses. An email adress gives an air of legitimacy as does the published website http://Www.newyorkectro.com . Search result? “Firefox – Firefox can’t find the server at http://www.newyorkectro.com .” No website? No email response? No good.

Carlos lists the pages his alleged photos appear on also crediting Ruben Garcia, FOTOLIA, AP, Marty Lederhandler FEMA, Lauren Hobard, Andrea Booker, Thomas Roberts, Mike Reger, Bri Rodriguez and ORHPAN photos he alleges to have not had success tracing the copyright holders of. Carlos then goes on to claim ALL RIGHTS RESERVED INCLUDING THE RIGHT OF REPRODUCTION even though he is pirating other peoples INTELLECTUAL PROPERTY.

Back page Carlos posts the badges for NY Police & Firemen whose brothers & sisters were murdered this tragic day giving tribute with the words HONOR TO THESE INSTITUTIONs HEROES further painting credibility to his publication with quotes from TONY BLAIR and ANN HUBBELL from CNN as if Blair and HUBBELL sanction his publication. The only photos CARLOS took time to mark with © credit alongside the photos are his own not the photos paid for with government dollars by FEMA or AP photos requiring AP and Photographer credit for their photos.

Page 38, Manuel Suarez THE PERUVIAN SURVIVOR tells his story of working in the WTC north tower AKBAR CAFÉ. Mannys contact information is published [email protected] or “call to: (718) 600 9830.”

A second memorial book sold by the Peruvian vendors is REMEMBER TO NEVER FORGET World Trade Center-The Pentagon- Flight 93 Commemorative Book 2013 similar in sentiment to the other booklet. This booklet purportedly valued at $15 but sold for $5.00 is marked © Carlos Chavez 2012 ALL RIGHTS RESERVED INCLUDING THE RIGHT OF REPRODUCTION IN WHOLE OR IN PART IN ANY FORM. The TRIBUTE IN LIGHTS photo is marked © Carlos Chavez along with two other photos credited to him. Forty three other pages of photos are uncredited for authorship nor marked orphan photos.

It has been over a decade since this fateful day. It beggars the mind why or why haven’t the intellectuals of the copyright and news and political worlds figured out how to shut the vendors down respecting the Official Museum President suggested it is competition that angers him. It is simpler than that.

FEMA guidelines are clear http://www.fema.gov/photo-video-audio-use-guidelines. The guidelines state- In general, FEMA imagery, video and audio materials are not copyrighted.

(i)You may use FEMA audio, video or photographs for educational or informational purposes, including photo collections, textbooks, public exhibits and Internet web pages.

(ii)Some materials may contain a Copyright Notice. It is your responsibility to identify the copyright owner and to obtain permission before making use of this material.

(iii)Please acknowledge FEMA as the source of used material. Our preference for the credit line is: FEMA/<photographer’s name>, or without a photographer’s name: FEMA News Photo.

(iv) FEMA materials may not be used to state or imply the endorsement by FEMA or by any FEMA employee of a commercial product, service or activity, or used in any other manner that might mislead the public.

PHOTOGRAPHY: Photographs are not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, photographs may be downloaded, reproduced and distributed without further permission from FEMA and may be used for educational and informational purposes, including photo collections, textbooks, public exhibits and Internet web pages.

ASSOCIATED PRESS also known as AP sells photos from its site for commercial use and personal use. The AP site www.apimages.com states “AP is known worldwide for its compelling photography used in countless magazines, websites and newspapers everyday. Now, through AP Images, you can purchase prints of AP photography to display for your personal use.” PERSONAL USE is defined “Images purchased for personal use may not be used commercially (in publications, brochures, advertisements, copies to sell, etc) or reproduced for any use. You may display them in your home or at your office as long as they are not modified in any way. You may not display them on a personal website.” AP offers photos for commercial use under the terms of the © 2009 Agreement adressing (i) Royalty free or (ii) under license http://www.apimages.com/legal/Licenseterms.aspx stating “Accessing any content from this site, you agree to be bound by and comply with all of these license terms.” (1) Parties (2) License of Grants (3) Additional terms, Conditions, Restrictions on all license grants (4) Cancellation and termination (5) Disclaimers and Limitations on Liability (6) Indemnity (7) Payment Terms (8) General

Unless CARLOS received permission from the FEMA photographers he named, CARLOS and each of his vendors are in criminal violation of images being PIRATING a term used, largely, in the defense of movie and music sales not associated with unauthorized use of copyrights.

1-     Unauthorized use of copyrighted images Pg 22 WE NEVER FORGET

2-     Unauthorized use of FNDY and NYPD badges intending to defraud the public the publication is sanctioned by FDNY and NYPD

3-     Unauthorized use of Ann Hubbells name as deceptive endorsement of the booklet

4-     Unauthorized use of CNNs name as deceptive endorsement of the booklet

5-     Unauthorized use of Mychal F Judges name as deceptive endorsement of the booklet

6-     Unauthorized use of Prime Minister Tony Blairs name as deceptive endorsement of the booklet

7-     Unauthorized use of the NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM name to deceive the public use of the name is deceptive endorsement of the booklet

8-     Unauthorized use of Zuccoti Parks name as deceptive endorsement of the booklet

9-     Using news photos in a commercial usage

10- Using photos of individuals in a commercial use without signed releases from the individuals

11- Unauthorized use of copyrighted column by journalist Charlie Porters THE GUARDIAN without permission from The Guardian or Charlie Porter

It was never that nothing could be done but in the pettiness of politics determining who should make money the Museum might be liable too for the same legalities that will remove the Peruvian 9/11 memorabilia connection from the streets of New York just took a little bit of logic and familiarity with the law. http://www.copyright.gov/orphan/comments/noi_10222012/Devorah-Carrie.pdf  All is fair in death and taxes as the expression goes if Mayor Michael Bloomberg gets interested in Constituents who vote from the Grave with voices of their living, Survivors.

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ITs MORE THAN A PROPERTY RIGHTS GRAB ! BOTTOM LINE THEY ARE PINCHING MY ASSETS (c) Carrie Devorah :
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SECOND THEY CAME FOR OUR GUNS . FIRST THEY CAME FOR OUR PROPERTY RIGHTS (c) Carrie Devorah :
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FIRST, they came for our Property Rights the Founding Fathers gave us. Guns and the Right To Bear Arms was the SECOND Right they came for. The Copyright Act of 1976 was a major Property Right grab. The is 2013. Technology outpaces legislation and Copyright laws on the books. Property Rights are up for an even bigger grab with the New Great Copyright Act seeking to overhaul TITLE 17. Copyright expert Jon Baumgarten testified that should not be done. 

Legislators pleaded at a recent Capitol Hearing “Where are the artists?”

We, the Arts Community, are not silent. I am here. I am speaking up educating Legislators the Real Loss and Value of losing our Images/ID is Commerce we make from our Property we own. Facilitating The New Great Copyright Act further erodes Arts Property Rights, further.

We, the Arts Community, are helplessly watching our IP,  Commerce & inheritance to our children, being stolen in Free Internet Initiatives like Safe ,  diminishing our livelihoods in the Free Internet world. Arts students cannot pay off college loans. Arts professionals watch their IP knocked off in seconds.

I am not a lobbyist or a wonk. 2D IP is my lifelong industry- writer, photographer, artist- an author, a renowned illustrator/designer, an award winning journalist and a news photographer with global impact. I filed eye opening comments with the Register of Copyrights. I achieved the first ever Congressional IP Hearing shout-out to ‘artists and photographers.’  I am a Pratt Institute alumnus. I have over thirty years in the Licensing World, starting from when I was in art school. We, the Arts Community,  believe Life +70 is not long enough to own what is our Property Right to hand down to our descendants- generation to generation. We believe Safe Harbor is being abused by Free Internet proponents who then squirrel profits made from Unauthorized Use of our IP.

While Internet Associations are advocating Congress for their membership some who circumvent Brick laws, domestically and internationally, that Brick stakeholders are bound to (Search Engines, ISPs utilizing Unauthorized Use of Arts Community Intellectual Property), I am reminding Legislators the Founding Fathers said I can keep my Intellectual Property Rights and ALL the profit I make from them. And I remind the Legislators to remember the Commandment, THOU SHALT NOT STEAL

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What is this Legal Beagle thinking?

“CONFIDENTIALITY NOTE: The information contained in this e-mail message and any attachment is confidential information intended for the use of the individual or entity named in this message. This information may be protected by attorney/clientprivilege, work product privilege or other laws, rules, and regulations providing for the protection of confidential communications. If you are not the intended recipient, you are hereby notified that any retention, use, copying or forwarding of this message is prohibited. If you have received this e-mail message in error, please contact the sender of this message by return e-mail and delete this message and any attachments.”

More like ‘Please don’t let NSA know…. My client has an overwhelmingly naïve mouthpiece for a lawyer…

NOTHING sent by Internet is not being monitored including sensitive documents with implied confidence between Lawyer and Client

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NO HOPE (c) Carrie Devorah :
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Shepard Fairey the famed street artist who created the Barack Obama “Hope” pled guilty February 24 to a federal criminal contempt charge stemming from destroying electronic records and creating phony documents in an attempt to stymie the lawsuit, which accused him of basing the Obama artwork on an AP photo. Fairey waiting to be sentenced July 6 faces a maximum of six months in prison on the misdemeanor count

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TWEET THIS (c) Carrie Devorah :
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Steven O Donnell a patent & intellectual property attorney commented on internet PHONEDOG LLCs suit against a former employee taking 17K followers w him when he left claiming Noah Kravitz owes $340K. Kravitz resigned changing his Twitter handle & twitter follower allegiance. PHONE DOG LLC reviews mobile devices including Phones & Tablets. Kravitz said the suit over his Twits began after he sued PHONEDOG 4 back wages

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THE MARKETING TOOL REPLACING ‘CALGON TAKE ME AWAY’- MOMMY BLOGGING (c) Carrie Devorah :
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Mommys are building up & closing down products it seems w their home spun online escapes from childcare. Manufacturers are hiring staff whose only job is 2 reach out 2 Mommy Bloggers who have made lines like ZHU ZHU pets in2 winners. The numbers of Mommy Bloggers is monstrous last count eclipsing over 4 million. 5 years ago 98% of sample product was sent 2 TV stations Magazines & Papers. 70% now go 2 Mommy Bloggers

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THE MYTH ABOUT AMERICAN INNOVATION BEING STOLEN
(c) Carrie Devorah :
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I was told at the USPTO event I attended a while back that TUESDAY @ THE USPTO was known as Russian day. WHY you might ask? BECAUSE Tuesday is the day the USPTO publishes patents. The RUSSIANs would show up with shopping bags they would pack to overflowing when they left with newly published patents. The attorney I engaged laughed as he at how legislators run around in circles going on about China and Russia and other countries stealing American innovation when in fact the nexus of the problem of American IP theft is the Government Cash Cow in VA. How much of a cash cow I asked? So much of a Cash Cow, if I got it right, the USPTO is the only government agency running at a profit. How much of a profit? ENOUGH of a profit that the Government wants to take that money spent to buy Patent License and then dispense that cash elsewhere in the administration. Oh yes, AND to hire even more USPTO attornies so more people buy into the dream maybe their idea is THAT money idea to retire off of.

The attorney continued to explain to me, a patent holder who invested thousands of dollars into what I thought was protecting my intellectual property (updates needed too), publishing a patent is the US Government way of saying LOOK HOW BRIGHT AMERICANS PATENT HOLDERS OUR NOW YOU OUT THERE HERE IS WHAT OUR PATENT HOLDER DID. GO MEET OUR CHALLENGE AND GO DO IT BETTER.

So no more about how Americans are being ripped off by China. American Patent holders are being ripped off in a Ponzi style scheme of false promises. After all the advice given is go hire a lawyer. KUDOS to China Russia & others for being bright enough to get for free what others have paid thousands for in good faith
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EVERYONE KNOWS WHAT A COPYRIGHTS DRAGON LOOKS LIKE (c) Carrie Devorah:
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Ohhhhhhhhhhhhhh I can imagine that in 2012 when I stumbled in to the House Judiciary Minority Office that Stephanie Moore had no idea what the future was going to hold. Me, with a cane and all, pushing near 200, wasnt exactly what she was seeing as someone who knew the endgame and where to run with the ball that she intended to get her hands in control of. Something about dragons and Jesus, so to speak, as I tell the story, with pleasure.

I saw the moment something I said clicked for Stephanie, the GC, general counsel for the Judiciary Minority Committee leader, Congressman Mel Watts. It was that moment I explained the value of 2D(dimensional) IP(intellectual property) in a way that resonated with her constituency... how ONE photo used to be enough to get someone off the public dole but once Technology began their slow groom of Human Trafficking that opportunity was lost.

As I explained it to Stephanie, imagine if a homeless man on the streets found a toss away camera with ONE shot left and used that one CLICK capturing that Money Shot of a famous married couple stumbling out of a door in a clinch, only, they weren’t married to each other. CACHIING!!!!

Rewind. THAT was before Technology.

Today, that ONE photo to the Internet would be gone in seconds stolen by webspiders disseminated internationally within seconds. And that homeless man? He would still be on the streets, on the dole while the Tech companies would be squirreling their money away in places like Ireland or England or maybe buried in Google Fiber or backyards of Tech Titans.

Stephanie said, ‘ I never heard it that way before.’

Fast forward a years and a major surgery, I was back in the halls of Congress,

Splaining to Legislators more of the same… the amazing world of the ARTS that is feeding the Gargantuan Giant of Technological Theft that Congress got snookered into. Now the neat thing is, that while Congress can write themselves laws to exempt themselves from legislations us plebes are stuck with? When it comes to Technology, Legislators are learning that lives they thought were private on line are fodder for blackmail and such by Lobbied for companies who failed to reveal little very big important truths like… everything said and done is saved…. Until the Next Wikileaks or Snowden comes along… not an IF or WHEN…

Now back to Dragons and Jesus. Remember the parable about Jesus and his feet being bathed, and Abraham, too. Well there is a lovely updated version of that, a children’s story,  EVERYONE KNOWS WHAT A DRAGON LOOKS LIKE. You know, dusty old man comes in to tumultuous town waiting to be attacked but looking helter skelter for the dragon who is needed to save them BUT no matter how often the man said he is a dragon needing food and water no one believed him except for THAT kid who saved the town because the man was a dragon looking for a reason to save the town which was the kid….

Not quite the kid here but very much misjudged……

Moral of the story: Be wary of an unknown ARTS person who wanders into an office saying they know Copyrights like they know the back of their hand. Grin… they just might be THAT ONE to move the Copyrights Ball far past where the WONKS and LOBBYISTS have been sitting on for years……….

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THEY SHOOT HORSES DON'T THEY JUST NOT THE HORSE THE IP THIEF RODE IN TO TOWN ON (c) Carrie Devorah :
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I found my article written in 2001 posted illegally to the internet by a site that posted the article without my authorization or authorization of the publisher. Copyright abuse.

There is so much more to the reality of horse abuse. I was invited while I covered racing in Europe and the Mid East to visit Race Horse Rehabilitation centers and take photographs. I make for that unusual person who walked in as an investigator looking for solutions. I did find the solution. I took time to understand why it fell by the wayside.

The answer was given to me, actually, one day walking our farm with the son of the man who built our farm. He was 92.

My hope is to complete writing the findings up along with writing my findings on MRLS Mare Reproductive Loss Syndrome. If you really believed horses spontaneously aborted near full term because of a kismet of weather/ horses sniffing caterpillar poop and cherry trees, I have a bridge to sell you if the Chinese have not already bought it... I tracked the disease back and wide. I connected with racing colleagues JUST to make sure they hadnt drunk the kool-aid the Irishmen pushed to market their vaccine. I connected with Lloyds of London. I knew in advance an insurer making $ off a suspect disease and vaccine would not embrace me with open arms. I actually even made best effort to connect to Andy Card (hey, he brought in Lucille...) I thought I would donate the research to his equine college. Andy..... grin

Life is as it goes.... E-books and self publishing are no longer backroom talk. There is also my research on WWII racing at Santa Anita which stopped so the track could house Internees. I would love funders and connections so... in that vein, showing a piece of the goods to they buyer, I posted the RACING POST article to THE-REPORT-CARD www.carriedevorah.wordpress.com

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KEEP YOUR HANDS OFF MY COPYRIGHT ! (c) Carrie Devorah :
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The Copyright Office asked for Comments on Orphan Works. Orphan Works are “copyrighted work for which the copyright owner cannot be contacted.” I sent in my comments, the nexus of  “KEEP YOUR HANDS OFF MY COPYRIGHT!!!” I know about Copyrights. I know the Berne Convention designates an artist’s work is copyrighted from the moment it is created. I know about Orphan Works. I know who is making Orphan Works faster than Legislators can pass Copyright laws.

Protecting Intellectual Property today is a losing venture, in a tsunami of Literary and Artistic work thefts. Technology companies advising Legislators on Copyright issues are the wolves in sheep’s clothing creating Intellectual Property turbulence for image owners. Search engines like Google, Bing, Yahoo access Literary and Artistic works the owner thought was safe through the use of web crawlers and data bots, without authorization.

Theft on the Internet is exponentially exploding. 2.5 quintillion bytes of data are created everyday. The Click Culture mindset is ‘the Internet should be free- what is yours is mine.’  

The Congressional conversation on ‘Orphaned Works problem’ has gone on for years without conclusive action. People on both sides of the political spectrum, have demanded solutions. On one side, Senator Harry Reid stressed “counterfeiting and piracy are serious problems that hurt major industries, including the movie industry, which supports 2.2 million jobs alone.” ON the other side, Rupert Murdoch calls it “plain Thievery.” The Copyright Office asked what has changed, for Orphan Works, in the past few years in the legal and business environment. What has changed is the Internet. Google’s transparency report shows an Exponential Increase of URLS requesting to be removed per week from Searches.

Orphan Works go back as far as art itself. Historic relics and family heirlooms that found their way into museums are being repatriated to their countries.  The act of taking what belongs to someone else is an age old issue going back to the days of the Bible. Stealing, today, has been up scaled to the buzzword, pirating. Pirating of two dimensional, 2D, images is big business, crossing borders, interstate and intra-state, domestically and internationally. Theft is theft. Piracy is piracy.

The Founding Fathers taught us to have, as a country, principles to build with. It is our job to teach the next generation that theft is criminal. Ideas are the foundation upon which our economy is based.  Our national heritage is founded on the Ten Commandments- Thou Shalt Not Steal- which includes copyrights, so

KEEP YOUR HANDS OFF MY COPYRIGHT!!!
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THANK YOU
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ALL INTELLECTUAL PROPERTY STARTS with a Pencil &Paper in 2D(dimension) 
Everything Else about IP(intellectual property) comes down to COMMERCE .
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