The Waxing Mind

Entries from April 2009

Craft Beer

April 27, 2009 · 1 Comment

“I Am A Craft Brewer” is a collaborative video representing the camaraderie, character and integrity of the American Craft Brewing movement. Created by Greg Koch, CEO of the Stone Brewing Co. and Chris & Jared of Redtail Media…and more than 35 amazing craft brewers from all over the country. The video was shown to a packed audience of 1700 craft brewers and industry members at the 2009 Craft Brewers Conference as an introduction to Greg’s Keynote Speech entitled “Be Remarkable: Collaboration Ethics Camaraderie Passion.” As is tradition for the CBC Keynote, a toast to the audience was offered.

Categories: beer
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Quote

April 27, 2009 · Leave a Comment

“One of the truest tests of integrity is its blunt refusal to be compromised.”- Chinua Acheb

Categories: Excerpts
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The rights of Intellectual Property

April 22, 2009 · Leave a Comment

In an information driven technological world, and with an economy that is in the tank everyone wants something for nothing. Or it’s just greed. Whatever the case maybe, I’m going to clear up the issues of copyright. First, we must define, and according to the U.S. copyright office,“Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” and what copyright protects is “Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”

Now, let me be very clear, it is wrong to believe that any other use of any intellectual property should be allowed without either payment or a renegotiating of a licensing agreement. It is wrong for any and all artists to just freely give up their creative work so that they may be published. That is the preverbal carrot and leads down the steep path to hell and also cheapens everyone else’s work. All artists have the right to give their stuff away, but they should do so, understanding that by doing so, you are effecting your fellow artists. That too is wrong.

Speaking of wrong, it is wrong and it trips my amigdala into a fit of rage when someone even hints that I’m cutting my nose off despite my face. Or that I’m being naive. An example of this would be any work commissioned as work-for-hire, which is defined as, ” … the situations in which a creator of a work does not retain the rights to that work. By default, and artist or designer owns the copyright to his or her work.” This is wrong as well. I’m not being naive, I’m just doing what I believe is fair and right, we don’t need to make our already starving artists that much poorer. 

I could go on and on about how this is wrong, but let’s now look at the opposing side of this issue. As an artist you create a piece of work, sell it, and include the ownership rights in the sale. Now, say an event happens in history, or for some other reason the value of your creative work just went up. Now, you no longer are allowed to sell that piece or art, you don’t own it. Too bad for you. The person who paid you the few dollars for the piece could now sell it for the current rate and make a profit. What a good investment, again, on all the work you did. Oh wait, there’s more. Maybe they decide to copy all of your work and turn around and sell it off to people, making a profit off of what you created. Thereby further devaluing the work. Since you don’t hold the copyright, the owners, do not need to associate your name with the work either. Again, too bad for you. You have no rights to your intellectual property or how it’s being used.

Here’s another rights grab. That horrible website everyone loves, Myspace or Facebook, yeah, I bet you didn’t read the fine print when you signed up. Any content you publish on those sites you are giving the companies who own that the ok to freely use and distribute your creative work without payment. That’s wrong too. You sign up for free, so you don’t even get a penny, yet you give up so much. 

I could go on and on, about this by the mere thought of anyone even thinking that copyright isn’t that big of a deal. Or that well it’s going to evolve in our new technology and that’s ok. Talk to me when there are no creators or inventors of anything new or beautiful because they will, in the end, not own it. I guess our technology won’t develop much further either due to the fact no one will want to work for those conditions, and the neo-luddites will have their way. Plus, the world wont have as much beauty in it, due to the fact that no one will be creating that beauty.

Is that the direction our world is heading? if so, count me out. I’ll make my images for myself then.


In closing, here’s a recent letter I sent to a potential client and I believe the content of what I’m discussing is fair and ethically right. 

I still very much would like to provide my services for the (THE CLIENT) and I would be willing to work out an agreement based on middle grounds on the terms outlined for usage rights. Please understand though, A photograph is worth a thousand words, and as such, a photograph holds value over time. A question often asked is, “if I’ve paid for the photographs to be taken, aren’t they mine?” Copyright, by federal law, is held as intellectual property by the photographer. Usage is extended for a predetermined time to the client. This time is agreed upon prior to the job, usually a year, although my estimate is for two years because (THE CLIENT) events happen in that cycle of time. If the photo(s) are still being used by the client after the alloted time, a usage fee will apply. For example, if I was hired to photograph images of a hotel, the hotel may use those images at their discretion as allowed within the usage agreement for the alloted time. This may (or may not based upon initial agreement) include web, print and marketing ventures. Your agreement covers web and print collateral marketing materials. Per the agreement as it stands now,(THE CLIENT) is not allowed to freely distribute or sell the images. When the alloted time is used up, the hotel must stop using those images until another agreement is reached. I cannot expect to stay at a hotel longer than my agreement with the management; as a hotel room holds value, so also do the photographs. Please understand how an image is an asset and holds value over time and if I just hand that over then I could lose out on future income. This is how I stay in business. 


With that said, the terms of usage are negotiable, if you believe 2 years is not enough time, then I’d be willing to extend the terms to 5 years. I also believe that in those 5 years with how quickly our world is changing those images will become outdated. In addition, I would also be willing to extend the usage rights for the multimedia piece without an end deadline, so that could stay on your website for as long as you want, yet you wouldn’t be able to sell it. Although we could also discuss arrangements for a DVD if you are so interested. Like I mentioned on the phone, if you feel that you must own the copyright and have me relinquish all rights to the images, then the fee associated with a copyright buyout is equal to 25% of the total invoice.

Again, I believe I have a lot to offer (THE CLIENT) and I very much would like to reach an amicable agreement for both parties. Please feel free to contact me with any questions.

Categories: Rant

The E-Gen

April 16, 2009 · Leave a Comment

One of the paramount responsibilities I believe as a Gen X’er is that we need to raise our children to be good shepherds of the environment. I’ve come to the realization that this political hot button is just that; a debatable issue for their soap boxes. Politicians want to affect change in legislation yet the polluting companies are just to powerful right now and the policies are too lax. I do hope that’ll change once our generation becomes the next batch of corporate leaders. At the same time, I’m not sure that we are all desiring those positions, but I could be wrong. That too could be another paradigm shift.

I’m not a parent yet, nor do I intend to tell anyone how to raise their children. Hell I can’t even teach my dog to play catch, which is the whole purpose I wanted to adopt her. I say this only to prove that I’ve got a long way to go. The point here is that I believe our generation is the fulcrum for the future. I’m not sure we will effect the environment by the vast amount we believe needs to be done. Though, by teaching our children not only how, but why to care for the environment is the most important thing we can do. If we instill a spirit of moxie in them, then the delicate balancing act of industry and technology with environment should hopefully equal itself out. The Earth is an amazing place that can regenerate … if we’re not already too late.

This isn’t just about getting our kids outside to play, or to experience the beauty that surrounds them, but how even a cityscape impacts itself. How the ecosystems of rivers and their tributaries affect cities, not just how it effects the fish that use them to spawn. Or that the methods of travel must shift to a better use of energy, even though there is a higher price associated. This list goes on and on. This is stuff that we all know, I’m not saying anything new. I too am working to be a better steward so I may leave this place better for all those that will come behind me. I too sill have a lot to learn.

Categories: Environment · Rant

Yakkin’

April 13, 2009 · Leave a Comment

Madien Voyage at Marsh Creek State Park

Madien Voyage at Marsh Creek State Park

“Life is our teacher. Life communicates with us all the time and it is a lesson to see how life continuously has led me to the people I need to met, to the situations I need to experience, and to the places I need to be. There has never been any real reason to worry since all small individual rivers are already on their way to the ocean, to the Whole. It is not about swimming, it is about relaxing and to float with the river in a basic trust that life already leads towards the sea of consciousness, towards the Whole.” — Swami Dhyan Giten

Over the course of the last 3 years or so, Sus has frequently mentioned at random times, I might add, hey let’s kayak together! Like I said, it’s almost always at random times, as if she was trying to slip it into the conversation in some way. We could have been discussing the best method for cleaning lint out of a belly button, or lovingly disagreeing about some directions in a foreign country and then out of the blue comes, “I’d love to kayak with you.”

As you can see that dream of hers has come to fruition. I’ve been really thinking about something that would be a special grad gift for her, these last 2.5 years have been so stressful, to say the least, plus she worked 7 days a week for almost 18 of those months, pulled a 4.0, battled a melanoma, suffered through physical therapy for a finger, all the while forging new territory at the university. I think she’s earned it. Most importantly it will be a great opportunity for the two of us to enjoy time together again, now that all this school melee comes to an end. We both are so excited!!! We took ‘Lucy’ and ‘Tahoe’ out on their maiden voyage this past Sunday after picking them up on Saturday. We had a ball, they are 10′ long recreational ‘yaks. We are both so looking forward to spending more time in the outdoors together and our heads are filled with so many excursions. Of course we both need to get 100% comfortable with paddling and the boats themselves. All in good time.

Over the course of the last year or so at random times I’d check out packages from REI or EMS (an East coast REI type store), I’d check on CL’s or with local lakes that sold off their boats in the fall. Just to see what’s out there, what they cost, what’s good, what’s not, etc. On my commute home though, I always passed a local paddlesport store, yet they always closed at 5pm. This past Friday, I stopped in to check it out since we got an early dismissal at work. I talked with the folks there and they were having a huge sale on their ‘09 models. Plus, it was in DE so no sales tax. Needles to say, this isn’t something I could surprise Sus with. Therefore on Sat. morning we cruised down and checked things out a bit more, let her ask a few questions, find a boat that fit her, etc. Low and behold the price we got from them was the least expensive over anything in decent used shape, let alone new elsewhere, so we went for it!!

We will be paddling around lakes this summer and down a local creek. Who knows maybe I’ll get her to fish out of one as well. In the meantime, we won’t be available on Sundays for phone calls. If the suns out, so our we, so please leave a message and we’ll get back to you.

Categories: anecdote
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Cruise Control of the Mind

April 7, 2009 · Leave a Comment

The fresh air whirls around bringing with it a renewed sense of life. While the pumping music feeds the required energy to go the extra mile and the sense of control you have with your grip. The deep breath inducing the waning of stress with every white stripe on the road, that’s become a dot.

I’ve crisscrossed this country five times, visited 47 of the 50 states, and have an unknown amount of miles under my foot. Yet, there’s so many great roads left to be explored; the Al-Can, the Pan-Am, Hwy 61, and so many other scenic byways the list just seems never-ending. I don’t want to say it’s never running away from something, or for that matter running towards something, if anything it’s always trying to be in the present moment. Smelling the air and staring down a stretch of pavement with a full tank of gas.

The mind is wonderfully distracting, I’m often away on vacation without leaving the comforts of my surroundings. It’s not the same at all, but it helps. On any given day, I check out like that probably 3-5 times a day. I’ve already been awake for 3 hours, and I’ve already been on a boat and on a drive. These distractions can come from previous memories, like that long stretch of road known as the San Andreas desert on I-5, or something unknown that I make up in my own mind’s eye.

Sometimes, I stare at google maps, wishing they’d put some circles around a city you predetermine so one could get an idea of driving distances from your base. A six hour drive is a comfortable drive, yet the 12+ hour drive from St. Louis to Denver in a day is tough, but watching the sun come up and backlight the Rockies, is unbelievably beautiful. Driving the stretch between Death Valley and Lake Tahoe, climbing from -250Ft below sea level to a height of over 8,000Ft on HWY395 along the east side of the Sierra Mountains is a great day drive that wiggles in and around the timber and lakes, through quaint towns like Bishop. It’s a great stretch!

It’s sunny outside and I feel like my inner beatnik is screaming, or maybe slurring something today about being On The Road.

“It was drizzling and mysterious at the beginning of our journey. I could see that it was all going to be one big saga of the mist. “Whooee!” yelled Dean. “Here we go!” and he hunched over the wheel and gunned her; he was back in his element, everybody could see that. We were all delighted, we all realized we were leaving confusion and nonsense behind and performing our one and noble function of the time, move. And we moved!” — Kerouac, On the Road

Categories: Excerpts · Reflections
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The People’s Revolution

April 3, 2009 · 2 Comments

I’ve spent the last 8 years pissed off and very angry at an administration who held their own agenda above everything else, the same administration that contracted out our government so they could say, look we make government run smaller and my friends are getting filthy rich off this jihad. See we’re not big and scary! What really had me more upset though, even over the administration, was the motherfucker’s who elected the ignorant dumb ass. I could go on, but thankfully that’s in the past. One solution, I have is since our population has grown so much, it’s time to abandon the whole electoral college and reevaluate how we elect those who work for us.

On the bright side, the people’s revolution has begun, through a landmark election, but more importantly that the true voice of the people was heard. Not just by who was elected, but by the issues that are on the forefront of the minds of millions. Education, healthcare and the environment. By working to solve those issues we will also help to solve the current economic woes. The ideology of a liberal, even a fuzzy one, like myself, falls on a basic concept of take care of community and the community will take care of you. The whole selfish concept of I’ll take care of myself and those that I care about, hasn’t worked. In fact, it’s put us where we are, and the mere fact that through education, maybe we can raise a more intellectual generation, who is selfless. When looking at healthcare according to the World Health Organization the United States ranks 37th out of 190 countries for healthcare. Upon closer inspection though there are only two industrialized nations that don’t provide health insurance to their people, the United State and South Africa. It’s only those two countries that make it’s citizens work for insurance. Luckily, the evolution of a Zeitgeist is upon us and the people are taking back control of the country and those who work for them.

I feel a renewed sense of vitality and vigor and the revolution will continue. The other side of the isle is scrambling right now, they are like a bunch of headless chickens in a Tyson factory on their way to slaughter. The best part is, what do they have to say for themselves as they act so critical of President Obama’s administration. Let’s not forget that on Nov. 2, 2000 just 2 days before W. was sworn in our national deficit (source:treasurydirect.gov) was $5.7 trillion, and exactly 8 years later to the day, and just prior to the current administration our national debt was $10.57 trillion. The W. administration, who believes in fiscal responsibility, doubled our debt. Thanks. So when these republican assholes bitch about Obama burdening our children with debt, just remember that they DOUBLED our debt. So shut the fuck up!

I feel better, now that I’ve said this.

Viva la Revolucion!

Categories: Rant