Saturday, May 21, 2022

For Art's Sake

For the purposes of today's blog, Art is not an alien god, although, given the evolving meaning of the word "icon", Art could be synonymous.

My title might also allude to Aestheticism..."art for art's sake", also to a line in the romantic song  Art For Art's Sake by 10cc. 

For some weeks, I have been accumulating copyright-related legal blogs to discuss Art Rights (not for the first time), and the Davis vs Pinterest result is a good hook. Pinterest is a great place to display ones cover art; I believe that I have also seen it used by book pirates to advertise their allegedly ill-gotten "collections".

Spoiler: Pinterest won the copyright infringement lawsuit brought against them by a photographer. 

Nevertheless, as with many stories (such as a romance novel), one knows how the story will end almost immediately; the interest lies in how the protagonists get there. 

Likewise, the summary of the court's reasoning in dismissing the photographer's suit, as provided by legal bloggers Frank D. D'Angelo and Marwa Abdulaziz for the multi-service, international law firm Loeb & Loeb LLP, is complex and interesting.

Original Link: 
 
Lexology Link:  

Possibly, and this is merely an opinion, the plaintiff was a tad too dog-in-the-mangerish.

In Europe, the courts are looking at (but have not resolved) the question of whether cloud services create duplicate copies of copyrighted work, and whether they have any responsibily to copyright owners depending on how cloud storage is used.

It appears that a cloud storage provider is covered by a sort of safe harbor where a lawful owner or licensee stores a copyrighted work for private use. The wrinkle emerges if the cloud product is used for "sharing" copyrighted works. 

Legal bloggers Patricia Ernst and Christiane Stuetzle for the law firm Morrison & Foerster LLP summarize the recent ruling of the European Court of Justice, and what it means for private copies stored in a cloud, and whether or not cloud storage providers might have to pay a levy for storing copies of copyrighted works... and who should decide how rights holders might be compensated for the reproductions of their works.

Original Link:  
 
Lexology Link: 

For a comprehensive, entertaining and thorough explanation of Art rights in the USA, I recommend the Q and A format shared, apparently exclusively, on Lexology by art-dispute expert Gabrielle C, Wilson,  looted-art specialist Yael M. Weitz, international litigator Lawrence M. Kaye, and the probably-storied* Howard N. Spiegler for Park Avenue law firm Kaye Spiegler PLLC

 

The team explains how a copyright owner proves ownership for the purposes of suing for copyright infringement; whether or not a copyrighted work of art can be displayed without the copyright owner's consent; whether or not copyrighted artwork can be copied for publication in catalogues and advertisements without the copyright owner's permisison... and much more.

Some of the Q and As are merely fascinating, others can be extrapolated to be useful advice to authors and bloggers.

*I opine "probably-storied" because the bio reminds me of at least one Daniel Silva novel sub-plot.

All the best,

Rowena Cherry 

SPACE SNARK™  



Friday, May 20, 2022

Karen S. Wiesner: SURPRISES IN THE COURSE OF LEARNING TO WRITE A SCIENCE FICTION SERIES (4 of 15)

 Of Research and Developmental Tool Requirements, Part 1:

Surprise #2: Research Overwhelm 


This is the fourth of fifteen posts dealing with surprising things I learned in the course of writing a science fiction series.

The eye-openers I had while writing my sci-fi series will be presented in two parts. This week we'll deal with the research overwhelm while Part 2, coming next week, will cover my underwhelm with the developmental tools I found available.

The second surprise I had in learning how to write in the science fiction genre was the sheer amount of research required. In advance of writing a word of my Arrow of Time Chronicles, I spent the entire summer of 2018 doing massive amounts of research, some of it the Standard Operative Procedure stuff I mentioned in my post last week. Talk about overload. These items I researched were all things I wanted to mention in the first book of the series as they came up, thus setting down the SOPs in my unique galaxy. Basically, I wanted them to be planted deeply there so I wouldn't need to dwell on any of that in future volumes. I filled five medium binders and one enormous one with everything "foundational" I would need to write the series.

In terms of research, that summer in 2018 was only the beginning of what was required. I call that my advance research stage. During that time, I accomplished only the establishment of the SOP foundational aspects of my series. For each outline that preceding the written draft of what eventually became the four books in the series (originally, I intended it to be a trilogy), enormous amounts of research were a necessity. There were times I worried the research would take over so much I'd never get to the point of actually writing the story itself.

Book 1 started the process of outlining the story scene by scene, and, while I outlined, I also performed all the necessary research each scene required. Let me tell you, it was intense. Seriously, things authors never have to think about to write a book set in modern, uncomplicated times came up all throughout outlining and writing these novels. Here's a taste of some of the countless considerations I had to come up with plausible explanations for--and somehow make talking about them brief:

            How do you take a shower on a space ship, and how often? Is every day allowed or are there limitations because of resources, etc.

            If something's wrong on a space ship, is there a human resources department you can complain to?

            When constructing a space habitation, where do you get the building materials?

            For one of the cultures (which is what I called the alien races), I decided to make the way they measure time a little different, considering the unique orbital and tidal functions of their planet. So this became the standard in all the books:

A revolution is 1 year (i.e., 80 revolutions is 80 years).

A tide cycle is 12 hours, two tide cycles is 24 hours, half a tide cycle is 6 hours.

A spin is also a way to reference one day's time.

An age can refer to an undefined but "long" amount of time.

Believe me, trying to remember to write a "spin" instead of a "day" whenever characters in that culture spoke could have presented quite a consistency issue if I wasn't diligent.

Those are some of the less "major" items I had to come up with plausible, brief explanations for, but if you can imagine nearly scene I outlined had endless little questions like this that needed to be answered before I could continue to tell my tale. These are the things that helped me understand the world I was building into each and every installment (and, don't be surprised, but I filled binders and binders with this stuff I cataloged so they were easy to grab if I needed to look something up while I was working).

In any case, the continuous research I had to do for this series felt utterly bottomless from start to finish. But those little questions I was forced to think about, design a creative solution for, and present in intriguing brevity are the very things that gave the series stories such vibrant flair and color.

In Part 2 of this article coming up next week, we'll talk about my underwhelm with the developmental tools available to write science fiction.

Happy writing!


Based on 
Writing the Overarching Series (or How I Sent a Clumsy Girl into Outer Space): 3D Fiction Fundamentals Collection by Karen S. Wiesner (release date TBA)

https://karenwiesner.weebly.com/writing-reference-titles.html

http://www.writers-exchange.com/3d-fiction-fundamentals-series/

Karen Wiesner is an award-winning, multi-genre author of over 140 titles and 16 series, including the romantic science fiction series, ARROW OF TIME CHRONICLES

https://www.writers-exchange.com/arrow-of-time-chronicles/

https://karenwiesner.weebly.com/arrow-of-time-chronicles.html

http://www.facebook.com/KarenWiesnerAuthor

Thursday, May 19, 2022

Time Travel as a Curse

If you've read Audrey Niffenegger's THE TIME TRAVELER'S WIFE, you know it's a highly unusual approach to time travel. In fact, I haven't come across any other science-fiction or fantasy novel quite like it. Henry, the traveler, bounces through time uncontrollably and at random. Most often, he lands in moments related to his own life, but not always. Visiting points in the past and future in no particular order, he arrives at each destination disoriented, nauseated, and naked, for he doesn't take anything along on the temporal jaunts. Even tooth fillings, since they aren't technically part of his body, don't stay with him. He has multiple encounters with his wife, Clare, in the past (from his viewpoint on his timeline, after they're married) when she's between the ages of six and eighteen. On one visit, he tells her which dates he will appear on, and she writes them down. Later, when the two of them meet earlier in his timeline (for him at that age, the first time), she gives him the written list, which thereby becomes the source of his knowledge of their predicted meetings. So how does this list exist? As Clare says, it's a mysterious "Mobius" loop. Similarly, Henry appears to his younger self when child-Henry makes his first time leap, into a museum. Adult-Henry knows he'll need to teach child-Henry the rules of time travel because he remembers a friendly stranger doing that for him when he experienced his first leap.

HBO is airing a new series based on the book, starting last weekend. Judging from the first episode, it's going to follow the novel closely. The book's chapters have helpful headings that state the year and how old each character is on his or her timeline in that encounter. The TV program, likewise, has captions at the beginning of each scene to indicate the ages of Henry and Clare at that point. Otherwise, viewers could get hopelessly lost.

I've never encountered another story that portrays time travel as a disability rather than a superpower (although TV Tropes mentions a few). Henry has no way of knowing whether he'll bounce back to his point of origin within minutes or remain stranded for days or more. He has to steal to survive. He frequently gets beaten up, in addition to the hazards of bad weather and the risk of landing in the middle of a street or railroad track. Small wonder that, at the age of twenty, the first occasion in his timeline when he meets Clare, he's a bit of a self-centered jerk. It takes her love, reinforced by her knowledge of the man he will become, to transform him. One of the saddest features of the novel consists of the multiple miscarriages Clare suffers because her unborn babies inherit Henry's mutant gene and spontaneously time-leap out of her womb. Another inevitable source of sorrow for Henry is knowing when he'll die and keeping that information a secret from her.

Unlike some fictional chrononauts, Henry has no problem being in the same time slot more than once. He can and often does meet other versions of himself. In Dean Koontz's LIGHTING, the Germans who come forward from World War II into the present can't jump into a moment where they already exist, a restriction that plays a critical part in the novel's climax. Connie Willis's Oxford-based time travelers (in DOOMSDAY BOOK, TO SAY NOTHING OF THE DOG, etc.) have the same limitation. Whatever force controls the space-time continuum won't allow them to overlap themselves, just as it prevents them from getting too close to any critical historical events they might alter. For Henry, on the other hand, there's no worry about altering the past. Whatever he does in any moment he travels to is simply what he has already done. As in Robert Heinlein's THE DOOR INTO SUMMER, whose protagonist also has the ability to have two of himself in the same spatio-temporal location, anything you "change" in another time period doesn't really change the outcome but causes it to happen the way it was/is supposed to all along. While THE DOOR INTO SUMMER ends happily, with the narrator using a time machine to bring about the optimal conclusion, Heinlein's "All You Zombies—", in which every major character is the same person, whose life endlessly loops upon itself, concludes with a cry of existential despair.

The more one thinks about it, the more this aspect of Henry's time travel seems like a reason for despair. If his life is locked into a preset pattern dependent on events he has already experienced, whether in the past or in the future, what happens to free will? Yet Niffenegger manages to conclude the story on a note of love and fulfillment rather than futility.

Margaret L. Carter

Carter's Crypt

Saturday, May 14, 2022

Call Me Inaccessible...

As I craft my title for this week, a Frank Sinatra song is playing earworm in my head.

Back in 2012, I participated in a lengthy exchange of emails with Jim Fructerman of Benetech.org about his organization taking print books and converting them into braille, or otherwise making them accessible to book lovers with reading disabilities. With hindsight, I should probably have put up a link on my two websites... at least to the version of Insufficient Mating Material that Benetech put out in accessible form. I'm pretty sure that I made an audio recording (freely available) of Mating Net, but I am not sure how easy it would be for a listener to find it.

Do authors really need to worry about complying with the Americans with Disabilities Act? It's something about which I've rather buried my head in metaphorical sand. Does it make a difference whether or not an author sells books from her website?

Legal blogger Stuart K. Tubis of the law firm Jeffer Mangels Butler and Mitchell LLP explains the recently issued guidelines from the Department of Justice concerning website accessibility as it applies to state and local governments and businesses.

A copy of the Guidance document can be found here.

As Stuart K. Tubis explains:

"In the Guidance, the DOJ clarifies once again that the ADA applies to websites: “the Department’s longstanding interpretation of the general nondiscrimination and effective communication provisions applies to web accessibility.”

The Guidance also provides some examples of website accessibility barriers, including poor color contrast, lack of text alternatives for images, lack of labels for forms, and mouse-only navigation design.”

Lexology link: 
 
Original link: 

Unfortunately, as I see it, the DOJ may clarify that the ADA applies to websites, and it may give some examples of "barriers" that might offend, but it does not appear to set out whether or not single member LLCs and self publishing authors count as "businesses", or what exactly we minnows in the great writing pool might need to do to avoid falling foul of the ADA.

Another JMBM legal blogger, Martin H, Orlick, shares a great deal more information about ADA cases, and a horror story or two about alleged "serial plaintiffs" who are accused of filing thousands of ADA suits against small businesses including those owned by immigrants and minorities, with the apparent aim of exacting an average of $10,000 per business in settlements.

Legal bloggers Amy L. Bess and Mindy M. Wong of the international law firm Vedder Price offer five quick tips to help protect oneself from ADA-related litigation. They also lay out some disquieting statutory minimum fines for persons deemed to have violated the ADA.

Lexology link:
 
Original .pdf: 

Anyone who is a business entity, and who maintains a website should study the tips and discuss the issues with ones webmistress or webmaster... or weblover. Maybe, one should also discuss it with ones insurance agent or broker.

There is also a "bonus tip" which I think is a very good idea. It involves adding a "clickwrap agreement" to your website. They explain and give an example.

On an unhappier note, the always edifying, Angela Hoy of WritersWeekly shares a compelling blog by Emily Thompson: Three Common Reasons Why Freelancers Get Sued...

https://writersweekly.com/this-weeks-article/3-common-reasons-why-freelancers-get-sued-it-happened-to-me-by-emily-thompson?utm_source=mailpoet&utm_medium=email&utm_campaign=writersweekly-com-112119_67

For those not on MUSO's radar (they are a British-based piracy-fighting company), MUSO has released a study of the most pirated films this month. Apparently, movie piracy is up 42.5% compared with a year ago. Of all things, "Sonic The Hedgehog" seems to be one of the most pirated movies of all, which might tell you something about parenting.

They don't try to explain why, but might there be a relationship between the losses of subscribers seen by legal streaming services and the increase in piracy?

Piracy is not a "victimless crime". Some subscription services cut off the "credits" after the big names have scrolled, but in all likelyhood, anyone on the credits, down to the key grips, boom assistants, and drivers rely at least in part on the royalties for their livelihoods.

I wonder whether pirate sites comply with the ADA, and if not, why not?

All the best

Rowena Cherry 

SPACE SNARK™ 
EPIC Award winner, Friend of ePublishing for Crazy Tuesday