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Article #2540Theft of Copyright ... Artists Take Note!
From: ~Artist~
Date: Mon, 12 Jul 1999 00:00
Date: Mon, 12 Jul 1999 00:00
354 lines
14277 bytes
14277 bytes
Hi - McAvoy - Please take note. I have also posted this in Usenet and on the Boycott Site. Everyone will be waiting to see how you all respond. I will suggest you forward this to the Lawyers, the CFO and the customer service managers and address this in your auction meetings adn ToS planning meetings. I dare Yahoo! 2 B leaders and call the CFZ Copyright Free Zone!!!!! So real artists can use your service as at the curent and new ToS WE CAN"T!!!!! and you are doing BAD BUSINESS. True Story... If you look at my bookmarks in order they say Yahoo! Auctions then Yahoo! Boycott. I was just researching Yahoo! Auctions after trying to donate something to the Kosovo Auction (that was totally messed up by the Brand Manager)- which made me very skeptical of the service to start. It was a major PR op for Yahoo! in thew arts and he blew it. The only reason I continued to look at Yahoo! Auctions is because Patrick Mc Avoy Auctions Manager tried to fix the problem. It was unsuccessful but he tried and appeard to have an interest in the arts. He may have no background in the acutal business of art or the real management of cultural property but at least he tried. McAvoy's trying made me become a little more curisous about Yahoo! Auctions. I finally had time 2 weeks ago to start looking at auctions and WAS seriously considering using your service until, the Boycott. Now even after the changes in ToS, I still Cannot use your service and I am making sure the entire highest level of American art knows that your ToS is a disservice to the Fine Art World World Wide. Set up a CFZ ToS for "REal ARtists" as your new and current ToS is bad business and undermining and disempowering for real art businesses. Yahoo! Changed the ToS for people who were negotiationg but knew nothing about how the arts works as a business. Unfortunately, the new ToS is not flexible enough for me as a major emerging American Artist and others like me to use. I cannot become a Yahoo! customer and just before the boycott I was considering the use of Yahoo! Auctions. I also contacted many people who are on the highest level of American Art and discussed this problem with them. Three of the top galleries in Santa Fe and several on Canyon Road. The American art world is small and as it goes these galleries have other offices in NYC and Texas. As they say sneeze on Canyon Road and the whole American Art world knows. I also circulated Art Santa Fe last weekend and let those galleries and dealer know, we are doing several other art events this year and also open studios. Many of these dealers and national and international level and they are shocked at the ignorance of Yahoo! in relations to cultural properties. Due to the successs in my career, many people respect my ideas world wide. This respect comes on many levels and on all levels of American Art and especially so since my studio is located in Silicon Valley and they know that I am very aware of what is happening here. I am truley saddened that the arts are so far behind in SiliconValley and American and that a greedy American corporation has not bothered to do enough business research to where it could develop more creative business that would benefit the entire artworld and the community in a profitable win win partnership. The ToS will not work for the entire fine artworld!!!! It is still a very visionless document. Stanford did not own the trains when people drove them on the tracks! Free? - Ethics = call it what it is a spade a spade! You want artists to give up there work for your Yahoo! products for free! PAINS!!Protect Art it's not Shareware! http://www.rhinode.vcom/M My advice to the American Art and international art worlds is STAY AWAY FROM YAHOO! and any other internet corporate loosers who have not clue about the arts and who are trying to enslave the cultural property for gain by those who have nothing to do with the arts, who do not support the arts and who never even bothered to research the business of art let alone cultural property. I am very saddened as a former potential customer of Yahoo! that I cannot use the Auctions because theri new ToS is so disrespectful to the art word and the fine artists and their galleries and dealers. Yahoo! alt.get.a.clue.com I am droping off my brick today!!! I would rather pitch it through your windows, but being the kind helaing artist I am I will just give you the Boycott Banner - FREE COPYRIGHT - as a reminder that Real Artists are out here and you are doing a huges disservice to a business that has been econmically racked since the art crash in 1989. Do you think artists live in Ghettos and work their entire lives to giv eit to you all for FRee ? Your listing service is not free = DO NOT CALL IT THAT !!!!!! It costs the artworld deeply and you are all m.bar.assing. yourselves greatly in your locak of knowledge. Having been a Woman of Achievement in SiliconValley - this is the top organization for women in the Silicon Valley for business. We are having a lunch at the famous Capital Club on Wed. of this week! Private invitations only. I am saddened to say I will have to update all these powerful women reguarding the fact that Yahoo! even after the ToS was adjusted is stilll something to avoid due to their insensitivity to the AmericanArt world and the Art world beyond. The lack of research in this department is amazing and a real let down to customers. I was gong to be a Yahoo! Auction customer before the boycott and was hoping to be after, Still after the concessions on ToS were made by people who know nothing about the real fine artworld I cannot be a Yahoo! customer. What are you doing for the Arts Yahoo! ? Let me know as everyone I talked to so far even after ToS changes is NO Way! on Yahoo! still. Yahoo! you all missed a whole market...eg. American Art Market, World Art Market, yes, the fine artists....the artist who are REAL artists who do not clip and paste on some computer...you ToS totally negates the nature of our businesses and you have to revisit it...the ToS I suggest you do it with the help of CA Law 4 the Arts. Let us know when you fix it so the American Art world and the International Fine Artworkd can do business with you. As of now we can't. More to think about... and to help you understand the art world I am sending some thought which you can outline from.... The CA Royalty Act applies the sale of works of fine art that takes place in the State of California after Jan. 1, 1977 ro which are sold after that date by the seller residing in California or his agent. The right survives 20 years after the death of the artist. Under the act, in any initial sale (other than from the artist himself) or resale (subject to certain exceptions) of such art during the lifetime o fhte artist, 5 % of the sale price must be withheld for the artist. If the artists cannot be locatd, the 5% is withheld for the California Arts Council. Failure to withhold exposes the seller to an action for damages. California Royalty Act S 986 Calif Civil Code This is just an abreviation of the act... Has Yahoo! provided for this in its contract ? other ideas Talking to attornies is one thing especially if they do not specialize in the arts. The do not know what we need. Talking to management is another thing...they DEFINATELY do not know what we need in art businesses if they did none of this would have happened. Land grab...this compares more to the violations of Hitler grabbing the artists works. Get some real arts experts in there. I am not impressed by management or attornies so far...hope you see my point. more.... You will just have to pick the ideas that help. State the primary responsibility you have to the artworld, creative internet world, public, customers and priorities of the corporate institution strategic plan in line with ethical standards outlined by a leadership group Hold corporations accountable for their responsibility in ethics, standards, management and program assessment outlines in relation to mgmt of cultural properties Diversify sources of input for the formation of the BoR Use media to promote awareness of the commitment to leadership in relaton to the management of cultural properties Develop sharing pratnerships with organizatons that are willing to advance these goals for the betterment of the planet and creativity on it as a whole Comit resources to provide leaderhip to implement reccomendations of the B of R more... After scanning some art related mission statements planning concepts and keeping in mind that private internet industry has no clue in the management of culturlal property as it appears by the rail roading Tos so popular at this moment in time You have to consider that the art needs management and there are already established avenues for that and basically what is needed is a marriage between arts and cultural management, entertainment and private industry. This seems very possible and viable in post war economic trends we are seeing today Your companies are like museums. You have three audiences, artists, visitors and customers you have to serve There is also a huge educational component in there too It would not hurt you all to become familiar with the way museum are run because you will learn about all three audiences by doing so and beable to invent new cyclic business by respecting all three groups and not railroading one You are going to have to be more creative about business More... Require your staffs to achieve an understanding of the characteristics of the audiences you are underserving and why this is happening Do your research adn find out why people are not visitng or are not opting for you ToS Find out who your special needs audiences are eg. artworld develop ongoing relationships with these groups to expand services and make information more accessible to them Add new staff with skills and knowledge to handle the mandates some of these new groups might make Initiate scholarly research inconjunction with issues proposed Invlove various communities oand diverse cultural groups in the research and documentaion process relative to theie experiences Develop collaborative efforts with enhance the ability to manage arts and creative needs on the internet for individuals, corporations, orgainzations that fulfills a mission that protect cultural properties and empowers customers and visitors Recognize your responsibility in the management of cultural properties These are a jumble of ideas.....hope they help raise some conciousness as it is needed at this time You are seeing a melding of education internet art museum services private industry entertainment cousumerism etc more... A written collecting cultural property management statement to be drafted and reviewed at regualr intervals with the basis of professional recommendations be at the basis for decisions relating to cultural properties Negotiations concerning the aquiring of items of cultural properties needs to be conducted the scrupulous fairness to sell or buyer or artist Not one artwork should be valued to the detrement of the owner or artist, nor should the objects be taken or retained on with the deliberate intention of improperly procuring it Important that all professional responsibility ensures that all items of cultural property accepted are fully documented to facilitate provenance, identification, condition and treatment all artworks accepted be properly protected Careful attention shoudl be paid to ensure all protection against internet theft of items of art displayed Members of corporations handliing cultural properties should not delegate cultural property management responsibilites to employees who are not appropriate trained and fully knowledgable to assist the the care of colletions and cultural properties An essential ethical obligation of the management of cultural properties is required to ensure the proper care and conservation of existing and newly aquired collections. They must also ensure the collectins of cultural properties are cared for and passed on for future generations in a good and safe a conditon with reguard to current knowledge and resources Documentation of collections is as the proper recording of new and existing collections should include details of the source of each image, and the condtions of acceptance of it and the management of the owners copyrights be kept in a secure environment with systems providing adequate and easy retrival of the data by staff, visitors, customers, and artists Yahoo! I used to lunch with the H of HP and I can tell you your weakly researched service does not desreve to stand in the shadow of this valley. Mattison Fitzgerald Artist http://www.rhiondev.com/M
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 10675b,e38438febca1c419,start X-Google-Attributes: gid10675b,public X-Google-Thread: 103916,f4a08cdf5c37a791 X-Google-Attributes: gid103916,public X-Google-Thread: 107d03,e38438febca1c419,start X-Google-Attributes: gid107d03,public X-Google-Thread: 10e835,e38438febca1c419,start X-Google-Attributes: gid10e835,public X-Google-Thread: 101049,e38438febca1c419,start X-Google-Attributes: gid101049,public From: ~Artist~ <mattison@att.net> Subject: Theft of Copyright ... Artists Take Note! Date: 1999/07/12 Message-ID: <378A27D0.54AA@att.net> X-Deja-AN: 500172477 Content-Transfer-Encoding: 7bit References: <930983948.7903@www.remarq.com> Content-Type: text/plain; charset=us-ascii X-Complaints-To: abuse@worldnet.att.net X-Trace: bgtnsc03.worldnet.att.net 931799177 12702 12.72.55.99 (12 Jul 1999 17:06:17 GMT) Organization: 'M' Mime-Version: 1.0 NNTP-Posting-Date: 12 Jul 1999 17:06:17 GMT Newsgroups: tx.general,chi.general,la.general,nyc.general,dc.general