Wednesday, April 15, 2009

Major media outlets have told an Australian senate committee on environment, communications and the arts that Australians are being denied full coverage of sporting events.

They have told the inquiry that major sporting organisations are restricting how photos and text can be used on the internet and other digital media, which is threatening the reporting of sport as news.

Sporting organisations have hit back saying that such online content is a big money earner for them. They say that the money earned from those rights gets invested in grassroots programs.

Australian Associated Press asked the committee to recommend legislation guaranteeing the right of news media cover major sporting events.

“AAP reporting and photography are the lifeblood of news for regional and rural newspapers across the country,” Fairfax Media, publisher of The Sydney Morning Herald, The Age and a number of regional papers, said in its submission. “Millions of Australians are being prevented from receiving full AAP coverage of major sporting events. When photographs of sport events are privatised, all forms of journalism are vulnerable to such restrictions.”

“AAP believes that the most effective way to protect the public interest in receiving news about sporting and related events is to have a legislated provision for right of access for news media,” AAP’s submission says.

The Australian Football League, in its submission, also argued for legislative amendments, but to the Copyright Act. Their recommendations would see the use of audio-visual, photographic and audio media restricted in the digital domain.

“To avoid protracted disputes with media organisations and to ensure a minimum standard of protection across digital sports news reporting in Australia, AFL believes that the best means of introducing these restrictions is by way of amendments to the Copyright Act or a mandatory industry code,” the AFL’s submission said.

Wikinews asked the AFL, Football Federation Australia and the Sunshine Coast Daily for comment. The AFL refused to comment until after their submission was formally made to the committee.

Wednesday, December 16, 2009

A report published last week in the Toronto Star by Professor Michael Geist of Canada’s University of Ottawa claims a copyright case under the Class Proceedings Act of 1992 may see the country’s largest players in the music industry facing upwards of C$6 billion in penalties.

The case is being led by the family and estate of the late jazz musician Chet Baker; moving to take legal action against four major labels in the country, and their parent companies. The dispute centres around unpaid royalties and licensing fees for use of Baker’s music, and hundreds of thousands of other works. The suit was initially filed in August last year, but amended and reissued on October 6, two months later. At that point both the Canadian Musical Reproduction Rights Agency (CMRRA) and Society for Reproduction Rights of Authors (SODRAC) were also named defendants.

January this year SODRAC and CMRRA switch sides, joining Baker et al. as plaintiffs against Sony BMG Music, EMI Music Canada, Universal Music Canada and Warner Music Canada. David A. Basskin, President and CEO of CMRRA, with a professional law background, stated in a sworn affidavit that his organisation made numerous attempts over the last 20 years to reduce what is known as the “pending list”, a list of works not correctly licensed for reproduction; a list of copyright infringements in the eyes of the Baker legal team.

The theoretical principle of the list is to allow timely commercial release while rights and apportionment of monies due are resolved. Basskin complains that it is “economically infeasible to implement the systems that would be needed to resolve the issues internally”. And, “[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.”

The Baker action demands that the four named major labels pay for and submit to an independent audit of their books, “including the contents of the ‘Pending Lists'”. Seeking an assessment of gains made by the record companies in “failure or refusal to compensate the class members for their musical works”, additional demands are for either damages and profits per the law applicable in a class action, or statutory damages per the Copyright Act for copyright infringement.

This forms the basis for Professor Geist’s six billion dollar calculation along with Basskin’s sworn testimony that the pending lists cover over 300,000 items; with each item counted as an infringement, the minimum statutory damages per case are CA$500, the maximum $20,000.

Basskin’s affidavit on behalf of CMRRA goes into detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin’s affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the “majors'” industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a “code of conduct”. Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin asserts that the named record company defendants are the “major” labels in Canada and states they “are also responsible for creating, maintaining and administering the so-called “Pending Lists” that are the subject of the current litigation”; that, specific to publishing, divisions of the four represent the “‘major’ music publishers active in Canada”. Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist summarizes the record company strategy as “exploit now, pay later if at all”. This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a “label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA.” The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989, thus:

Alain Lauzon, General Manager of Canada’s Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) submitted his followup affidavit January 28, 2009 to be attached to the case and identify the society as a plaintiff. As such, he up-front states “I have knowledge of the matters set out herein.” Lauzon, a qualified Chartered Accountant with an IT specialisation, joined SODRAC in 2002 with “over 20 years of business experience.” He is responsible for “negotiation and administration of industry-wide agreements for the licensing of music reproduction and distribution”; licensing of radio and online music services use is within his remit.

Lauzon makes it clear that Baker’s estate, other rightsholders enjoined to the case, SODRAC, and CMRRA, have reached an agreed settlement; they wish to move forward with a class proceeding against the four main members of the CRIA. He requests that the court recognise this in relation to the initially accepted case from August 2008.

The preamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of “pending lists” and that “[…] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem.”

With his background as an authority, Lauzon states with confidence that SODRAC represents “approximately 10 to 15% of all musical works that are reproduced on sound recordings sold in Canada.” For Quebec the figure is more than 50%.

Lauzon agrees that the four named record company defendants are the “major” labels in Canada, and that smaller independent labels will usually work with them or an independent distribution company; and Basskin’s statement that “[t]he responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.”

Wikinews attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that Wikinews sent to Warner Brothers Canada forwarded our initial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth responded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

Sookman is a lobbyist at the Canadian Parliament who works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or “very qualified” in the way he speaks on the issue.

Sookman’s blog post opens with a blast at Professor Geist: “his attacks use exaggeration, misleading information and half truths to achieve his obvious ends”. Sookman attempts to dismiss any newsworthiness in Geist’s article;

As the extracted [see right] stamp, date, and signature, shows, the court accepted amendments to the case and its submission, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC’s Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog’s sitemap reveals he wrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

This characterisation of the pending list only matches court records in that it “has been around for decades”. CMRRA’s Basskin, a lawyer and industry insider, goes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and accrued interest.

What Sookman clearly overlooks is that, without factoring in any interest amounts, the dollar value of the pending list is increasing, as shown with the following two tables for mid-2008.

As is clear, there is an increase of C$1,101,987.83 in a three-month period. Should this rate of increase in the value of the pending list continue and Sony’s unvalued pending list be factored in, the CRIA’s four major labels will have an outstanding debt of at least C$73 million by end-2012 when the association’s Mechanical Licensing Agreement runs out.

Sunday, June 25, 2006

A David Beckham free kick was the difference as England went through to the quarter-finals of the 2006 Fifa World Cup after a 1-0 win over Ecuador, Sunday.

For the neutral football fan the game was not especially attractive to look at. There were only 7 shots on target in the 90 minutes and neither team controlled the play well. The scrappy match was broken by up 37 fouls.

The game had temperatures at around 90 degrees Fahrenheit, which caused several English players, including Beckham, to suffer from heat exhaustion and dehydration. Beckham was sick on the pitch shortly after his goal and was substituted before the end. [1]

Ecuador had the best of the first 45 minutes. The slow tempo of the game seemed to lead to simple errors of concentration from England and favoured Ecuador’s passing play.

Ecuador had slightly more ball possession over the game and also the first chance. John Terry‘s back header to his keeper fell short but Ashley Cole slid in to deflect Carlos Tenorio‘s shot onto Paul Robinson‘s crossbar.

In the second half England put more pressure on Ecuador’s goal. However, passes into lone striker Wayne Rooney – who played 90 minutes for the first time since he recovered from injury – were often off-target.

England’s best chance to score from free play followed Wayne Rooney trickery on the left touchline. The striker evaded his marker but Frank Lampard spooned Rooney’s cut back high over the bar.

Beckham’s free kick was a trademark fast curled pass from over 30 yards which beat the opposition wall and took a small touch off the fingertips of Cristian Mora before nestling into the bottom right corner of the net. The goal meant David Beckham had broken an English record by scoring in the 1998, 2002 and 2006 World Cups, the first English player ever to score in three different World Cups.

England were scheduled to meet the winner of game 52, Portugal, in the quarter-final of the World Cup in Gelsenkirchen on July 1.

Thursday, November 16, 2006

Currently, there are blackouts, heavy rain, and high winds in British Columbia. Over 220,000 BC Hydro customers have no power. Buildings have already collapsed and trees have been knowed down. Five Vancouver rivers were in danger of flooding, which rain fell at 10 mm an hour for more than six hours at midday.

The steel frame of a four-storey building under construction in Vancouver collapsed. Construction workers escaped injury, luckily they were on a coffee break at the time of the incident. The steel frame crushed cars in a parking lot and missed a truck driver.

Citizens had to evacuate a subdivision of 30 homes. The winds smashed trees into houses in West Vancouver.

“We have some real fears here with electrical problems,” said Captain Rob Jones Cook of the Vancouver Fire Department. “This is impinging on electrical poles and lamp standards. We also have hydro bus lines running down two sides of the building.” The Vancouver Fire Department says they have no idea as to why the building collapsed.

Winds are gusting at more than 100 kilometres an hour (62 mph) in some areas and rainfall amounts of 50 to 130 millimetres.

According BC Hydro spokeswoman Elisha Moreno, the hardest-hit areas are Vancouver, Surrey, Langley, Abbotsford and Mission, B.C. “We’re trying to be optimistic and hoping it’s by end of day today, but there may very well be customers that are into the early-morning hours before restoration,” Moreno said.

Extensive ferry cancellations, road closures, and massive power outages are in effect until the storm ends.

The RCMP have advised people to stay home and off the highway.

The same heavy weather has also affected nearby Washington State, USA.

Wednesday, March 26, 2008

Across Easter weekend Wellington, New Zealand was host to Rock2Wgtn, an international two-day hard rock festival. Large crowds showed up at Westpac Stadium to see the various acts. The world has never seen an event of this kind before.

Day one featured three theatrical acts. Finnish band Lordi, known for their monster costumes, opened the night. They were followed by the US shock rocker Alice Cooper, whose themed set included the horror theatrics regularly associated with him and a hanging stunt he recently restarted after a gallows collapse nearly killed him two decades ago. The night was headlined by the distinctively costumed band KISS, complete with their famed black-and-white makeup.

The first major act on the stage on day two was the American hard rock/glam metal band Poison. After Poison, British act Whitesnake took to the stage and performed their set to the crowd. British-born American rocker Ozzy Osbourne, who, as well as a solo career, fronts the world-famous Black Sabbath, was the second night’s headline act.

The festival’s entertainment did not stop at the six main acts. There was also support performances from three New Zealand bands – The Symphony of Screams, The Valves and Sonic Altar. Their sets were accompanied by a special effects package from award-winning studio Weta Workshops, who are known for their work on movies such as The Lord of the Rings film trilogy. This came in the form of ‘Drusila the Dragon’, which rose up to a height of six foot and wigspan and moved for the audience, shining lasers from its eyes and breathing red smoke. Flame Fire Productions were hired to put on a fire show featuring several dancers alongside the performers. Also performing were six local guitarists and a group of ‘zombie‘ cheerleaders.

Despite the crowds that flocked to the event, however, it has recently become apparent that financial trouble has hit the festival. Although figures remain to be confirmed, an estimated NZ$750,000 has been lost.

Wikinews secured an exclusive interview with Phil Sprey of Capital C Concerts, who organised the festival. The entire interview is now available below.

Tuesday, January 28, 2014

Evansville, Indiana, United States — This past week marked the opening night of an Andy Warhol exhibit at the University of Southern Indiana. USI’s art gallery, like 189 other educational galleries and museums around the country, is a recipient of a major Warhol donor program, and this program is cultivating new interest in Warhol’s photographic legacy. Wikinews reporters attended the opening and spoke to donors, exhibit organizers and patrons.

The USI art gallery celebrated the Thursday opening with its display of Warhol’s Polaroids, gelatin silver prints and several colored screen prints. USI’s exhibit, which is located in Evansville, Indiana, is to run from January 23 through March 9.

The McCutchan Art Center/Pace Galleries at USI bases its exhibit around roughly 100 Polaroids selected from its collection. The Polaroids were all donated by the Andy Warhol Photographic Legacy Program, according to Kristen Wilkins, assistant professor of photography and curator of the exhibit. The Andy Warhol Foundation for the Visual Arts made two donations to USI Art Collections, in 2007 and a second recently.

Kathryn Waters, director of the gallery, expressed interest in further donations from the foundation in the future.

Since 2007 the Andy Warhol Photographic Legacy Program has seeded university art galleries throughout the United States with over 28,000 Andy Warhol photographs and other artifacts. The program takes a decentralized approach to Warhol’s photography collection and encourages university art galleries to regularly disseminate and educate audiences about Warhol’s artistic vision, especially in the area of photography.

Wikinews provides additional video, audio and photographs so our readers may learn more.

Wilkins observed that the 2007 starting date of the donation program, which is part of the Andy Warhol Foundation for the Visual Arts, coincided with the 20th anniversary of Andy Warhol’s death in 1987. USI was not alone in receiving a donation.

K.C. Maurer, chief financial officer and treasurer at the Andy Warhol Foundation, said 500 institutions received the initial invitation and currently 190 universities have accepted one or more donations. Institutional recipients, said Mauer, are required to exhibit their donated Warhol photographs every ten years as one stipulation.

While USI is holding its exhibit, there are also Warhol Polaroid exhibits at the Tang Teaching Museum and Art Gallery at Skidmore College in Saratoga Springs, New York and an Edward Steichen and Andy Warhol exhibit at the Mary & Leigh Block Museum of Art at Northwestern University in Evanston, Illinois. All have received Polaroids from the foundation.

University exhibits can reach out and attract large audiences. For example, the Weatherspoon Art Museum at the University of North Carolina at Greensboro saw attendance levels reach 11,000 visitors when it exhibited its Warhol collection in 2010, according to curator Elaine Gustafon. That exhibit was part of a collaboration combining the collections from Duke University, located in Durham, North Carolina, and University of North Carolina at Chapel Hill, which also were recipients of donated items from the Andy Warhol Photographic Legacy Program.

Each collection donated by the Andy Warhol Photographic Legacy Program holds Polaroids of well-known celebrities. The successful UNC Greensboro exhibit included Polaroids of author Truman Capote and singer-songwriter Carly Simon.

“I think America’s obsession with celebrity culture is as strong today as it was when Warhol was living”, said Gustafon. “People are still intrigued by how stars live, dress and socialize, since it is so different from most people’s every day lives.”

Wilkins explained Warhol’s obsession with celebrities began when he first collected head shots as a kid and continued as a passion throughout his life. “He’s hanging out with the celebrities, and has kind of become the same sort of celebrity he was interested in documenting earlier in his career”, Wilkins said.

The exhibit at USI includes Polaroids of actor Dennis Hopper; musician Nick Rhodes of Duran Duran; publishers Jann Wenner of Rolling Stone Magazine and Carlo De Benedetti of Italy’s la Repubblica; disco club owner Steve Rubell of Studio 54; photographers Nat Finkelstein, Christopher Makos and Felice Quinto; and athletes Vitas Gerulaitis (tennis) and Jack Nicklaus (golf).

Wikinews observed the USI exhibit identifies and features Polaroids of fashion designer Halston, a former resident of Evansville.

University collections across the United States also include Polaroids of “unknowns” who have not yet had their fifteen minutes of fame. Cynthia Thompson, curator and director of exhibits at the University of Arkansas, Fayetteville, said, “These images serve as documentation of people in his every day life and art — one which many of us enjoy a glimpse into.”

Warhol was close to important touchstones of the 1960s, including art, music, consumer culture, fashion, and celebrity worship, which were all buzzwords and images Wikinews observed at USI’s opening exhibit.

He was also an influential figure in the pop art movement. “Pop art was about what popular American culture really thought was important”, Kathryn Waters said. “That’s why he did the Campbell Soup cans or the Marilyn pictures, these iconic products of American culture whether they be in film, video or actually products we consumed. So even back in the sixties, he was very aware of this part of our culture. Which as we all know in 2014, has only increased probably a thousand fold.”

“I think everybody knows Andy Warhol’s name, even non-art people, that’s a name they might know because he was such a personality”, Water said.

Hilary Braysmith, USI associate professor of art history, said, “I think his photography is equally influential as his graphic works, his more famous pictures of Marilyn. In terms of the evolution of photography and experimentation, like painting on them or the celebrity fascination, I think he was really ground-breaking in that regard.”

The Polaroid format is not what made Warhol famous, however, he is in the company of other well-known photographers who used the camera, such as Ansel Adams, Chuck Close, Walker Evans, Robert Mapplethorpe, and Helmut Newton.

Wilkins said, “[Warhol] liked the way photo booths and the Polaroid’s front flash looked”. She explained how Warhol’s adoption of the Polaroid camera revealed his process. According to Wilkins, Warhol was able to reproduce the Polaroid photograph and create an enlargement of it, which he then could use to commit the image to the silk screen medium by applying paint or manipulating them further. One of the silk screens exhibited at USI this time was the Annie Oakley screen print called “Cowboys and Indians” from 1987.

Wilkins also said Warhol was both an artist and a businessperson. “As a way to commercialize his work, he would make a blue Marilyn and a pink Marilyn and a yellow Marilyn, and then you could pick your favorite color and buy that. It was a very practical salesman approach to his work. He was very prolific but very business minded about that.”

“He wanted to be rich and famous and he made lots of choices to go that way”, Wilkins said.

Kiara Perkins, a second year USI art major, admitted she was willing to skip class Thursday night to attend the opening exhibit but then circumstances allowed for her to attend the exhibit. Why did she so badly want to attend? “It’s Warhol. He is a legend.”

For Kevin Allton, a USI instructor in English, Warhol was also a legend. He said, “Andy Warhol was the center of the Zeitgeist for the 20th century and everything since. He is a post-modern diety.”

Allton said he had only seen the Silver Clouds installation before in film. The Silver Clouds installation were silver balloons blown up with helium, and those balloons filled one of the smaller rooms in the gallery. “I thought that in real life it was really kind of magical,” Allton said. “I smacked them around.”

Elements of the Zeitgeist were also playfully recreated on USI’s opening night. In her opening remarks for attendees, Waters pointed out those features to attendees, noting the touches of the Warhol Factory, or the studio where he worked, that were present around them. She pointed to the refreshment table with Campbell’s Soup served with “electric” Kool Aid and tables adorned with colorful gumball “pills”. The music in the background was from such bands as The Velvet Underground.

The big hit of the evening, Wikinews observed from the long line, was the Polaroid-room where attendees could wear a Warhol-like wig or don crazy glasses and have their own Polaroid taken. The Polaroids were ready in an instant and immediately displayed at the entry of the exhibit. Exhibit goers then became part of the very exhibit they had wanted to attend. In fact, many people Wikinews observed took out their mobiles as they left for the evening and used their own phone cameras to make one further record of the moment — a photo of a photo. Perhaps they had learned an important lesson from the Warhol exhibit that cultural events like these were ripe for use and reuse. We might even call these exit instant snap shots, the self selfie.