adoreble fashionable

Can I Use Ex-Employer's Customer List?

2012-01-06T06:00:00.000-08:00

Dear Rich: Simple question: Can my ex-employer stop me from using the customer list I developed when I worked for him? Sorry, but it's not that simple. You should check out this article to determine whether your customer list qualifies as a trade secret. If it doesn't, it's unlikely that it can be protected by state trade secret law or an NDA you may have signed. On the other hand, state laws vary and most states honor noncompete agreements (not California) which may affect your ability to compete against your ex-employer by soliciting his clients. So, if you signed paperwork with your ex-boss, now's the time time to review it (or have an attorney review it).

Somebody Took My Dot-Org

2012-01-05T06:00:00.000-08:00

Dear Rich: A company has copied our domain name but used it with a dot-org, not dot-com like we do. I thought you had to be a nonprofit organization to get a dot-org domain name. Can anybody be a dot-org? The Dear Rich Staff is sorry to hear that you are no longer the master of your domain ... and yes, anybody can be a dot-org.
The skinny on TLDS. When top level domain names (TLDs) such as .com, .org, .gov, .net, and .edu were created by the Internet Corporation for Assigned Names and Numbers (ICANN), the intention was that each TLD would cater to a specific type of domain name holder. For example, .org was intended for nonprofits, and .net for network related entities. But only some TLDs are really restricted--for example, .edu for educational institutions, .gov for government agencies, and .mil for military agencies. To get one of these you must qualify. But that’s not the case with .org, .net, and .com. all of which can be obtained freely by just about anyone, for any purpose.
What can you do about the interloper? If someone has taken your company’s trademark and is using it in bad faith to compete against your business as a .org, you can either sue for cybersquatting in U.S. federal court (very expensive), or you can request ICANN arbitration (approximately $1500 if you use only one arbitrator). We discussed cybersquatting in a recent post.
P.S. Coming Soon: Custom TLDs. ICANN has announced that companies can – commencing January 12, 2012 -- buy custom TLDS. For example, Nike can buy exclusive rights to .NIKE and Apple can buy .APPLE. Supposedly these custom domains will sell for $185,000, so it's for serious players only.

2012 Mehndi Styles

2012-01-04T18:42:00.000-08:00

2012 Mehndi Styles
2012 Mehndi Styles
Best Mehndi designs 2012 for indian and pakistani girls

Arabic Mehndi Designs 2012

Stylsih Mehndi Designs for Legs 2012


Best Mehndi Designs 2012

Can We Use Cars in CD Cover Art or Movie?

2012-01-04T06:00:00.000-08:00

Dear Rich: On music CDs and in the movies I see images of different kinds of cars, and I wonder if the artist has had to pay any royalty to the car manufacturer. For example, the Beatle's Abbey Road album has a white Volkswagen Beetle right behind George Harrison. Does this imply endorsement of Beatle's music by Volkswagen Motor Company? And remember Walt Disney's use of a Volkswagen in the movie, The Love Bug. There are many classic old Fords and Chevys seen in movies all the time. Also, there is a musical group called REO Speedwagon. Using a car's image or trademark may (or may not) trigger problems on a CD cover or in a movie ... it depends on a few factors.
The Abbey Road Cover. The image of a VW on the Abbey Road cover (above) is unlikely to trigger any trademark issues because the usage is primarily editorial -- that is, it's an incidental use and no particular attention is drawn to the car. Of course, at the time, fans saw hidden meanings in the presence of the car (Beetle = Beatle) but it turns out the car was simply a vehicle owned by someone in a nearby flat. (BTW, the license of the car was stolen soon after the album came out). If consumers were likely to be confused into thinking that Volkswagen (or any other car manufacturer whose vehicle appears on the street) endorsed the Beatles (or vice versa), the car company never saw fit to take action. After all, if the world's most popular band at the time is including your product on a popular album, that's not something you're likely to complain about. (In general, it was a less litigious world back in 1970.) BTW, an editorial use of a trademark -- for example, a picture of a Ford truck in a documentary about trucks -- is not infringing.
Herbie and VW Marks. As for Herbie and the Love Bug movies, Disney removed the name and logos (scroll down) from Herbie in the first movie in the series. Apparently the company was concerned about claims of trademark infringement. But several years later when the sequel appeared (Herbie Rides Again) in 1974, VW sales were down and the VW company insisted that Disney put the trademarks and names back. (The names and marks stayed on Herbie for the subsequent four Love Bug sequels.)

REO Speedwagon. The band, REO Speedwagon, was able to get away with using the name and logo of the REO Speed Wagon company probably because the auto company had likely abandoned any claims to the mark when it ceased production in 1936 (or some time in the later 1940s -- we're not sure) or perhaps when the later owners of the REO Motor Company declared bankruptcy in the early 1970s. An abandoned mark is free for anyone to use, although ceasing production of an automobile is not always a clear sign as to the status of the mark.
As a general rule, you want to avoid making people think the car company is affiliated or endorses your product or service -- for example, calling your band Miata -- or diluting a famous mark by tarnishing its reputation in a commercial context. However, we also note that there's plenty of leeway in these standards as the Caterpillar company found out when they tried unsuccessfully to prevent the use of their villainous tractors in a George of the Jungle movie.

Will Disclosure Docs Help Under First-to-File?

2012-01-03T06:00:00.000-08:00

Dear Rich: Once the change is made to “First Inventor to File” under the America Invents Act, will the USPTO still accept filings of invention disclosure documents, as these would still be relevant and useful in derivation proceedings? Hey, welcome back everybody. It's 2012 and we're starting our fifth year of helping creative types answer pressing intellectual property questions. Sure, we never get selected for any "Best of" blog lists, and our Google Analytics are embarrassing, but hey, that's what happens when you're down in the trenches answering questions about Disney princess costumes, Miami Heat logos, and the copyrightability of reuben sandwich recipes. We're not sure how many zillions in dollars we've saved our readers in legal fees (or if we've actually saved anybody any money). But the important thing is that we think we're doing something worthwhile and so we continue on, paving a course that's punctuated by moments of unobscured clarity and unsuspected profundity. Did we say, "Welcome Back?"
Right, you had a question. Yes, disclosure documents might be helpful in the soon-to-come "derivation hearings" -- a process whereby the true creator of an invention is determined. However, if you are referring to the government's official Disclosure Document Program, that's been discontinued and so would not be available when first-to-file (and derivation hearings) kicks in on March 16, 2013. Patent it Yourself author David Pressman agrees with you that a record of conception and testing will be vital in a derivation proceeding, but in the absence of disclosure document filings, inventors will have to keep their own records. By the way, we've posted a series of articles on invention ownership issues at our Patents and Business site.

Midwinter Style

2012-01-02T21:00:00.000-08:00

Chilly weather can be the fast-track to a fashion rut. Cozy boots, long coats and dark colors galore define winter style, but lately, they seem like external manifestations of severe seasonal affective disorder. That's no fun. I stumbled across two options for spicing up cold weather wear:

1. High-top sneakers: I could probably get away with wearing these to the office. For those who don't work in an environment where things like snakeskin-print trousers are acceptable, they're ideal for running weekend errands. Why? High-top sneakers are surprisingly great at enduring all sorts of precipitation. My Nike Dunks made it through three Chicago winters. Just add luxe touches like fur and leather to keep them from looking too grungy.

2. Khakis: If winter's mild (read: not Chicago, but maybe New York), khakis are such a cute and unexpected alternative to denim and knit tights. Pair them with a short wool jacket and booties. Plus, I feel like so much winter style has a black or navy palette—brown's a little more fresh. To avoid looking like you're confused and think it's still October, make sure everything else is a warmer, darker tone.

Which look do you like best? (I'm all about #1 myself).

[photo cred here and there]

The Wildy's World Top 40 albums of 2011

2011-12-31T20:59:00.000-08:00

Yes, we're on the cusp of a new year, with new experiences out in front of all of us. But before the tide turns again, let's take a look back at the top 40 albums we reviewed on Wildy's World during 2011. No big fanfare or drawn out countdown this year. Just the facts, ma'am.

Rank	Artist	Title
40	Amy Black	One Time
39	Anna Atkinson	Mooniture
38	Monika Borzym	Girl Talk
37	Andy Statman	Old Brooklyn
36	Ron Sexsmith	Long Player, Late Bloomer
35	Jeneen Terrana	See The Light
34	Hannah Miller	O Black River
33	Gattis	E.P.
32	OST	Catch Me If You Can - Original Broadway Cast
31	Laura Roppe	I'm Still Here
30	Renee Wahl	Cumberland Moonshine
29	OST	Anything Goes - New Broadway Cast Recording (2011)
28	The 23 String Band	Catch 23
27	Beth Bombara	Wish I Were You
26	Tally Hall	Good & Evil
25	Imelda May	Mayhem
24	Sarah Jarosz	Follow Me Down
23	Eric Church	Chief
22	Sutton Foster	An Evening With Sutton Foster: Live At The Café Carlyle
21	Forrest Day	Forrest Day
20	John Shipe	Villain
19	Abbie Barrett & The Last Date	The Triples: Volume I [EP]
18	Mark Erelli	Little Vigils
17	Jason Plumb And The Willing	Alive & Willing
16	Skyler	Take You Away
15	Zaz	Zaz
14	Sierra Hull	DayBreak
13	Shayna Zaid & The Catch	Lighthouse
12	Seth Glier	The Next Right Thing
11	Jeannine Hebb	Whileaway
10	Bruce Cockburn	Small Source Of Comfort
9	Bess Rogers	Out Of The Ocean
8	Grace Stumberg	To Whom It May Concern
7	Sunday Wilde	Whay Man!? Oh That Man!!!
6	Emmanuella Grace	London Stories
5	Tommy Shaw	The Great Divide
4	Brandon Schott	13 Satellites
3	Marian Call	Something Fierce
2	Paul Simon	So Beautiful Or So What
1	Ron Hawkins	Straightjacket Love

A New Year

2011-12-31T10:31:00.000-08:00

I've been thinking a lot about the new year lately. Usually, it stands as a fresh start, the opportunity for growth. Everyone makes resolutions in order to spark some sort of change in their life, whether that be flossing more often (for me, yes) or drinking less gin and tonics (for me, never).

But for 2012, I don't even know what I should resolve to do. There's been so much change in 2011 that I'd appreciate some sort of stasis in the next year. My life was turned upside-down: I left Evanston for a NYC (read: miniscule) apartment surrounded by pigeons and litter, somehow landed a wonderful job for which people pay me to write (I know, right? And you're getting this for free!), and my best friends either moved to Africa or stayed in Chicago. Do you know what it's like when your best friend is in the Tanzanian jungle? It feels horrible. I don't wish it on anyone but my very worst enemies.

So I'm just going to do what I should have been doing anyway. I'm going to floss because my dad's a gum surgeon who went on a long lecture about gingivitis the last time I let him look at my teeth. I'm going to keep my network of scattered friendships as close as possible, given the circumstances. And most of all, since I already have that New York City shoebox, I'm going to explore the city. Really, really explore it. This means walk outside the radius between my apartment and my office.

Hope you have the happiest New Year ever!

[photo cred here, here, and there]

Does Provisional Trump Regular Patent Application?

2011-12-30T06:00:00.000-08:00

Dear Rich: Can you answer a question about provisional patent applications? We've invented an automobile accessory and we filed a provisional patent application. Then we filed a regular patent application. We recently learned that someone else has filed a regular patent application before ours (but after we filed our provisional). Do we lose the race because they filed a regular application before us? Under current patent law (first-to-invent) there is no race to the patent office. The issue is who invented the device first. That said, filing dates are important because they often reflect the date of invention (or constructive reduction to practice). Your filing of a provisional patent application, assuming it accurately reflects the invention in your regular application, can be used as prior art to stop a later inventor (or filer in this case) from obtaining a patent. In summary, if you wrote a good provisional patent application, you're probably the winner. This rule was demonstrated in a court case about a year ago. An inventor, Giacomini, filed a patent application claiming a method of selectively storing sets of electronic data. Another inventor, Tran, filed a patent application after Giacomini for a similar invention. However, Tran’s application was based on a provisional patent application that accurately described the invention and was filed before Giacomini’s application. In that case, the Federal Circuit held that Tran as “first inventor,” could claim patent rights and use his patent application as prior art against Giacomini. In re Giacomini, 612 F.3d 1380 (Fed. Cir. 2010).
Would the outcome be any different under the America Invents Act? On March 16, 2013, the U.S. switches to a first-to-file system. Under that system, the first inventor to file gets the patent. So, the outcome would likely be the same as your provisional patent application would be considered the first filing. Again, that's assuming your provisional patent application accurately reflected the invention claimed in your regular application.

Adam Cross - Sirens

2011-12-30T03:00:00.000-08:00

Adam Cross – Sirens
2011, Adam Cross

Aiken, South Carolina singer/songwriter Adam Cross has seenhis heartbreak. This is evident on Cross’self-released debut album, Sirens. Whether you take the title as a warning, orperhaps as a treatise on the things that draws us out of ourselves (andsometimes pushes us back in), Sirensis a remarkably mature and subtle disclosure of vulnerability and strength,healing and pain.

Sirens opens withthe pure pop rock of “Dance”, a catchy-yet-reserved statement of intent that isthe perfect intro to Sirens. Cross has an appealing voice; staying withina comfortable range that doesn’t restrict his ability to deliver a quietlydynamic performance. “A Feeling” is amelancholic reflection on love as faith, in a love that, if not requited,certainly isn’t available. Cross buildsthe song nicely throughout, growing in intensity through the final bridgebefore drawing back. “Scared To Pieces”is a love ballad written from a less than tenable romantic position. The smooth, radio-ready chorus is full ofsound and sonically appealing. Cross isreminiscent of an edgier Rob Thomas here, both for his sound and for his pop sensibilities.

Cross engages in a confessional style on the stripped-down“Save Me”, punctuating the effort with a jump into his upper vocal register onthe chorus. This last leaves him a bitexposed with a sound that’s less than ideal, but the song has great flow andworks on many levels. “Time Of OurLives” is a wonderfully upbeat love song, although the verse has a stilted feelthat’s somewhat distracting. Theexecution here doesn’t quite match the intent, but it’s a solid, pop-friendlyeffort. “Thursday” is a song of loss,written through the perspective of time, although Cross’ deliberate vocal styleoffers the impression of a suitor who is choosing his words carefully. He’s still in love, you see, and still pursuingher even if he isn’t certain what it is he wants from the pursuit. There’s a stylistic grace to this song thatworks, even with its somewhat awkward pace, as he struggles with the competingfeelings of love and hatred.

“Burning Castles” wants to a big pop/rock song but neverquite lives up to its pretensions. It’sa solid tune, but just never fully becomes. The chorus is mildly catchy, and Cross builds the musical tensionappropriately, there’s just never a payoff. “Time Wasted” laments a relationship that didn’t work out, seen again,through the lens of time. This one has anice, Adult Alternative sound that will play well with radio programmers andfans alike. “Tragedy” finds Crossintroducing more of an electronic element into the arrangement. The result is a somewhat uninspired soundthat seems ripe for pop radio but fails to live up to either the melodic orcreative potential Cross seems to possess. Sirens closes with “Lost”, asix-minute acoustic number that’s among the best on the album. There’s a prayerful melancholy that pervadesthis number, as Cross laments both a past lost and a seeming lack of future. The chorus is gorgeous and slow, dressed indark musical timbres.

Adam Cross impresses with Sirens, even if he doesn’t always hit his mark. There’s a distinctive musicality in Cross’songwriting that has an edgy, Indie-feel, yet a melodicism that pop sensibilitythat make him accessible to the commercial market. Musical melancholia fans will enjoy Cross’tales of love lost, just missed or never gained. All of this is delivered without a sense ofself-pity, but rather with a clinical eye that has assessed the past andpresent, and in spite of the pain, taken something of a logical approach toeach heartbreak. If Sirens is any indication, there are great things to come from AdamCross.

Rating: 3 Stars(Out of 5)

Learn more about Adam Cross at www.adamcrossmusic.com or www.myspace.com/adamcrossmusic.

Project Progress: the RestoBar

2011-12-29T23:00:00.000-08:00

so i have been working on this project for quite some time now, and construction will start as soon as the holiday has finished :)

Reality is, you can squeeze your brain out every time you have to design for something but you also have to consider the (1) Budget (2) Market (3) Period of Lease (4) Maximum Capacity (5) Kitchen Space (6) Food/Drinks that will be served etc. etc. so restraining one's self should be observed.

Initially, we had to go Modern + Minimalist since the idea was to mix Asian + Western (Burgers +Milk Tea + Beer at night) so I had this in mind...

Moodboard: White Brick walls, Cement finish, Oak Wood, Tom Dixon inspired drop lights, and suspended bulbs...

And another option with the flooring and walls...

And here was the Layout...

I was already excited with the execution of the design, but after some thoughts the partners decided to skip with the "Milk Tea" and go straight with "Burgers + Bar + Beer". So I have to revise everything again (STRESS- was already done with the elevations, rcp, and shop drawings, but ohwell :)

and this is what we have agreed upon to :)

Some items were retained, but the furniture went from Modern to Masculine. Also the ambiance got a little rustic and old-feel. While the suspended light accents MUST stay :)

Then Option 2 without the divider between the bar and booth seat :)

I'm already excited (and scared) at the same time with the outcome of this project :) We would be expecting that the Opening would be before Valentine's Day :) But after meeting with the contractors and clients again, we have to expect some changes... cost-wise. But anyway, I hope its nothing major, and I hope it would still look great with the revisions of materials and some layouts they were suggesting. But as always, whatever the client says, stays. And our role as designers is to help clients get what they want, not ours (unless given the opportunity, why not :)

but for now, i have to enjoy the Holiday and will keep you posted :)

Happy New Year Everyone :)

Can I Reproduce Images From Crystal Bridges Museum?

2011-12-29T06:00:00.000-08:00

Dear Rich: I live near Crystal Bridges, America's newest art museum. Crystal Bridges is the brain child of Wal-Mart Heiress, Alice Walton and is a billion dollar museum. We here in Northwest Arkansas are so excited to have access, free access in fact, since the museum has been given an endowment by Wal-Mart that will allow the non profit museum to be forever free to the public, to see great American art from colonial times to the present. Many of these artworks are early works (pre 1923) and are part of the public domain. I have a new website I’m developing for public domain images. Crystal Bridges allows photographs to be taken of the art as long as a tripod or flash is not used. However, their photography policy states that photos of the art are only to be used for personal use. I take this to mean that they can not be used on my site which shares images with the whole wide web world. Am I correct in my assumption that they don’t have the right to restrict the use of my photographs of their public domain artworks? I am not trying to claim copyright of the photographs, since they will be merely reproductions of public domain works. Whether you can reproduce imagery that's in the public domain really depends on one thing: Did you enter into an agreement with the museum not to reproduce the images? You're probably thinking, "I didn't enter into any agreements with Crystal Bridges." But obtaining an admission ticket, if the ticket contains certain terms and conditions, may qualify as the type of agreement we're talking about. This may seem incredibly creepy -- to condition admission into the museum based on your promise not to reproduce public domain imagery -- but it's not uncommon in the copyright world and these so-called licenses are generally enforceable. Here's what public domain expert Steve Fishman has to say about the practice in his excellent public domain guide.

Many copyright experts believe that licensesimposing copyright-like restriction on howthe public may use public domain materialsshould be legally unenforceable. This isbecausethe federal copyright law preempts(overrides) state contract law and preventspeople from using contracts to create theirown private copyrights. Moreover, thereare sound policy reasons for holding suchlicenserestrictions unenforceable—theirwidespread use diminishes the public’saccessto the public domain.However, almost all courts have ignoredthe experts and enforced these licenses.

What's a valid license? To have a valid license, you and the museum must assent to the terms and conditions, typically at the time when you enter. If the admission ticket contains no restrictive provisions and you never assented knowingly to such conditions, there probably is no license in place. For example, it's unlikely that an after-the-fact assertion of rights -- a sign on the way out of the museum that tells you that you cannot reproduce the imagery -- is legally enforceable as a contractual license.
What about the Crystal Bridges website? Each page of images at the Crystal Bridges website contains the statement:

Works of art in Crystal Bridges' collection are protected by copyright and may not be used without permission. For more information visit Rights and Reproductions.

That sounds foreboding but we're not sure that statement creates a binding license. It reminds us more of a tip jar, left in view in the hopes that its presence will trigger a hoped-for result. The museum would have a much stronger argument that its terms and conditions are binding if the user had to assent to these terms and conditions -- that is, click a "Yes, I Agree" button to access the works. The fact that the site includes "copyrighted" photographs of public domain artworks also doesn't affect your ability to copy and reproduce that artwork. Courts have held that "slavish copying" of public domain works does not make the photographs protectible under copyright law. Although we're not a betting blog, if we had to bet, we'd place our money on the fact that currently public domain images at the site can be copied and reproduced without permission.
One last thing. Just because a painting was created before 1923 doesn't mean it's in the public domain. It must have been published before 1923. You may be surprised to learn that displaying a painting in a museum, for example, does not amount to publication. Publication (scroll down) refers to reproduction of the image, for example in a magazine, post card, or book. To learn more about these tricky public domain rules, check out Fishman's tome.
One other last thing. We're not encouraging you to get chased by the museum and we appreciate the fact that great art is being made available to the masses at no charge. But is it really free? The driving force behind these efforts to restrict reproduction is a desire to jack up gift shop sales and generate licensing revenue. We hope the museum rethinks its desire to reclaim and restrict rights to artwork that our government has designated to be freely available to the public.

Can I Use Artwork Created from Coloring Books?

2011-12-28T06:00:00.000-08:00

Dear Rich: My daughter, who has Down syndrome, loves to color design coloring books such as Ruth Heller's Designs for Coloring. She has a good eye for color and puts hours into each picture. She would like to submit her work to a book compiled by Woodbine Publishers about Down syndrome artists. Is she allowed to? We think you should try to get permission first. Assuming you can get in touch with the copyright owners, we believe they are likely to grant permission. We think that because the reproduction won't harm their sales, it's the right thing to do, and it's good public relations. If you can't get permission, we think you can probably get away reproducing the imagery without permission (though we can't guarantee that result).
How do you get permission? The copyright is likely held by the Ruth Heller Trust Fund but we think the place to start your request is with Grosset and Dunlap/Penguin Putnam Books for Young Readers, the publisher. They have an online permission system and a set of FAQs explaining the process and their online database indicates they control about a dozen Ruth Heller books. If the coloring book you are using is not covered, perhaps G&P can lead you to the proper source or to the trust.
Can you use it without permission? We think including one or two images (with proper attribution) would probably not trigger a cease and desist letter. Although the copyright pages of the coloring books don't specifically grant permission for uses like yours, a coloring book is an implied invitation to create a derivative work. It can also probably be argued that the sale of a coloring book implies a limited right to post and reproduce the resulting "colored-in" works. And for what it's worth, the company has not objected to the posting of colored-in versions of their imagery at Amazon. Again, we can't guarantee that the copyright owner won't object to your use, but it's difficult to imagine that they would.

Jeremy Schonfeld – Iron & Coal

2011-12-27T21:06:00.000-08:00

Jeremy Schonfeld –Iron & Coal
2011, Jeremy Schonfeld Music

Growing up in a family of Holocaust survivors, JeremySchonfeld has a different perspective on life than many Gen-Xers. His understanding of the world around him isshaped by the tales of suffering of an entire generation of European Jews atthe hands of Nazi Germany. This darknesshas occasionally entered into his songwriting over the years, but Schonfeld hasshown a remarkably bright side as well. His musical Drift (writtenwith Craig Pospisil) had a two-year run at the New York Musical Theater Festival. He is also a founding composter and lyricistsfor A-Train Musicals. Schonfeld’sperformance style is enigmatic and powerful, as audiences at such venerated NewYork venues as Joe’s Pub, Birdland, B.B. King’s, CBGB’s and Lincoln Center havecome to know. Schonfeld’s must recentwork, Iron & Coal, is his mostpersonal to date, however. It is arecast of his father’s memoirs of Auschwitz; a highly personal and powerfulstory born of his father’s experiences, his own emotions, and that fine linebetween fact and art that breeds the best of stories.

Schonfeld himself is an enigma. If Gordon Lightfoot had gone into musicaltheater instead of folk/rock they’d sound quite similar. Whatever imperfection you might perceive in Schonfeld’svoice become a part of his larger persona, i.e. Randy Newman or Bob Dylan. The theatrical flair in his songwriting isalso never far from the surface. Schonfeld knows how to create moments in song. Opening with “I Gotta Song”, Schonfeld offersup an exultant and beautiful prayer of thanksgiving for “borrowed time”. The song is in movements like a classicalpiece, but is a folk/pop/Broadway blend than runs nine minutes without everfeeling tired. “Story Of Love” is aninspired tune that thrums with Schonfeld’s persona. This is a true performer’s moment that makesyou wish you could take in the song from the third row of a concert hall withthe lights low and just Schonfeld and a piano on stage. “The Mourner’s Kaddish” opens in Hebrew butturns into story-song full of the oft-complicated love of a song for hisfather. Love and the drive todifferentiate are at war here, but it’s not the sort of battle that does harmto anyone other, perhaps, than the one writing it. It’s a powerful tune that will cut deep forthe male listeners in the audience.

“Dead Beat Heart” finds Schonfeld moving more into a 1980’srock sound. Big guitars and even biggermelody are built around a mellow groove for a very enjoyable listeningexperience. “Good Stuff” is a rock androll party song, pure and simple. Verycatchy and danceable, this one is likely to become a guilty pleasure for fansof Kim Mitchell of Cheap Trick. “SaveMe” is an angry and argumentative number that asks for succor but seems tofight it with every note and every word. Schonfeld uses the percussion here to give the song a deeply unsettledfeel – a theatrical contrivance that’s quite effective. “Yedid Netesh – Good Man” fades quickly intothe glam, funk and soul of “Bad Man”. While the song itself is catchy and entertaining, Schonfeld’s backupsingers provide the perfect counterpoint that makes the song fly.

Schonfeld is emotionally lost on “Piece Of Me”, a solidpiece of pop/rock songwriting that is sonically pleasing: a high quality albumtrack that holds its place by advancing the story and very quietly holding moreof your attention than you might at first expect. “Nothing Really Matters – Stop, Stop” begins asa musical soliloquy and turns into a frenetic rockers. This one will get stuck in your head with itsmanic feel. “If Ever” opens with anintriguing pizzicato string arrangement and turns into one of the bestnon-traditional ballads to come out of 2011. Don’t be surprised if this song gets covered many times over down theroad. “Time”, the penultimate track onthe album, advances the story, but feels like its simply holding place. This isn’t inappropriate in the story line,but it is something of a pause musically that’s simultaneously distracting andpossibly necessary to the story line. Schonfeld brings down the curtain with “Yet”, a song of self-convictionabout moving forward and remember that things will somehow be okay. It’s a quietly powerful moment that exploresthe resilience of human heart in the wake of inescapable tragedy, wrapped up ina stunning arrangement that’s perfect for the Broadway stage, but easilytransmutable to the pop/rock/folk world.

Jeremy Schonfeld lives on the edge of death for much of Iron & Coal, but like hisprotagonist he truly lives. The factthat the lines at times become blurred between protagonist and story-telleronly makes the story more powerful. Schonfeld’s compositions are golden – everything flows as if time itselfwere the driver. You could easilyimagine this cycle being reworked into a show, although it perhaps flows bestas it is. A successful musicalpresentation would force too many changes, but as a single work of art, Iron & Coal is a thing of beauty.

Rating: 4.5 Stars(Out of 5)

Learn more about www.jeremyschonfeld.com or www.facebook.com/jeremyschonfeldmusic.

Making Merchandise from Video Game Characters

2011-12-26T06:00:00.000-08:00

Dear Rich: For a while I have been making digital merchandise based off of famous movie and video game characters. At first I wasn't really making any money off of them. I know now that not making a profit doesn't change anything as far as trademark violations, but I thought it did before, so I stopped selling the merchandise a while ago because I had started making real money and didn't want to make money off of other people's creations without their permission. But now, after so many months, I find myself still wanting to make and sell that merchandise, and other people are asking me to as well. Its a bit frustrating, because I see other people creating things based off of trademarked characters, both in my market and in other markets on the internet. Like all of the Star Trek merchandise you see on Etsy. What's the likelihood of a small one-person business like me getting permission to create merchandise like this? If it's possible, how do I do it? The likelihood of getting permission is very slim. Owners of video game characters usually only deal with established merchandisers (with serious sales voodoo). Also, they often enter into exclusive licenses. That means they can't grant permission to you without violating their license with someone else. It's possible that if you were offering a new product category, you might have a chance. But that's tough to pull off. (PS. Here's the lowdown on trademark licensing.)
How do other people get away with it? It's a matter of odds. The owners of valuable character properties usually put their resources into pursuing the bigger fish, and for the most part, that often bypasses individual sales at Etsy or eBay. So, unless the trademark owner is intending to make an example of a small fry infringer, a cease and desist letter may be sent, and that's sometimes the end of it.
What should you do? We wish it wasn't frustrating to get permission. Like, wouldn't it be great if you could pay "per impression" for reproductions of licensed characters. Of course, that may blow any standards of quality ... but hey, merchandise happens. Anyway, infringement is always a gamble and we'll leave the risk assessment to you.

Snafu Caused Loss of Domain Name: Now What?

2011-12-23T06:00:00.000-08:00

Dear Rich: I had a URL (domain name), connected to a network of 3 sites. Due to an email account error, the registration was lost. The day it went public and I found out it got bought. I have been running the domain name for a mortgage network and I've owned this site since 2004. I noticed the place-holder page put up for the domain is for a company that is in the Cayman Islands so I am sure it is a crook who bought it for cybersquatting or to steal it. I have sent the company a letter saying they must release it or they will get a cease and desist and I will file with ICANN. What are my rights, what can I do? We're sorry to hear about your domain name loss. Apparently there are companies out there who wait for domain names to expire and then snap them up. Sometimes, the purchase is made in order to sell it back to the previous owner (who is often unaware that the domain has even expired). Sometimes, it's purchased because the new buyer believes that the domain still has some SEO value and so, it can be sold to a third party who can milk it for a few percentage points in Google Analytics.
Is it cybersquatting? Cybersquatting is when someone buys and sells a domain name with the bad faith intent to profit from another company's trademark. (We explain it in more detail, here.) For example, it would likely be cybersquatting if (1) the company set up a site that diverted your customers, (2) the company, in advertising the domain name for sale, mentioned that the potential buyer could trade off your previous traffic, or (3) the company set up a page with Google Ads listing you and your competitors. If the company contacted you, unsolicited, after buying the domain and offered to sell it back to you at a much higher price, that would likely be cybersquatting, too. It would not be cybersquatting if the company set up a non-competitive site for another company or if the company did nothing but set up a blank page. That's because there's no proof of bad faith intent. After all, it's not illegal to simply buy and sell domain names (without bad faith).
Should you proceed to ICANN? You are unlikely to get the domain name back by sending threatening letters. Most domain name dealers are not cowed by legal letters. They know you can only get the domain name back by (1) filing a federal cybersquatting lawsuit (probably way too expensive for you), or (2) by seeking domain name arbitration at ICANN. If you go the ICANN route, your filing expenses are, at minimum, $1500. It takes six months, requires a considerable amount of paperwork and documentation and may cost more if lawyers are involved. Remember, it's not enough to say that the company bought your domain name, you need to prove bad faith. And of course, there's no guarantee you'll prevail (although complaining parties prevail in 84% of the cases). Many people don't want the wait or the uncertainty of ICANN so they simply contact the new owners and pay for the domain name -- often forking over a sum between $2,000 and $3,000 because that's how much they would likely end up paying in time and money for an ICANN arbitration.

Can We Use European Poster?

2011-12-22T06:00:00.000-08:00

Dear Rich: I am an author in the process of publishing a book about modern day Europe. There is a poster (left) which was issued years ago by the Council of Europe, with a slogan which says "Many Tongues One Voice." We would really like to include this in our book but the publisher says we must first get permission from the Council of Europe since the poster is copyrighted. Could you advise as to the proper procedure to get this done? In case you're not aware, there are many who believe that Satan had a hand in the creation of this poster. We don't know if that contribution rises to co-authorship but we sure wouldn't want to run up against the Evil One in a federal court case.
Right, you had a question. The typical procedure for getting permission would be to contact the apparent owner of rights -- the Council of Europe -- and to ask for permission. Here's their contact information. Although the Council of Europe is a multinational organization -- a bit like the United Nations -- it can retain copyrights. For example, the Council of Europe is listed as copyright claimant for seven U.S. copyrights (although there is no registration for the poster). You can review their U.S. copyrights by searching at the Copyright Office. Click "Search the Catalog" and filter your search by "Name." If you can't get a response for your requests, document your attempts in the event that you decide to claim fair use. As we've indicated before, there are a line of cases that make thumbnail reproductions, whether in books or on the web, more likely to be excused as a fair use, especially when accompanied by commentary or criticism.

Does the VEOH Case Affect My Website?

2011-12-21T06:00:00.000-08:00

Dear Rich: We're a web startup (a pre-startup, actually). Can you explain the effect of the recent VEOH ruling regarding website infringement? Wow, a pre-startup! That sounds hopeful!
The case you're referring to -- UMG Recordings v. Shelter Capital, Partners -- has to do with the level of policing required by a website when users post infringing content. Veoh, a site that permits users to upload video content, was sued by Universal Music, after infringing videos were discovered on the site. Veoh had complied with all requests to remove content and had used software to seek out and identify infringing content, but some infringing music videos still made it on to the site.
DMCA as a shield. Universal argued that Veoh (our source for the kitty video) must have known of the "apparent" infringements and should not be able to use the Digital Millenium Copyright Act (scroll down) as a shield. The 9th Circuit Court of Appeals -- the first appeals court to rule on this issue -- held that the burden was on Universal to report the infringements to Veoh, stating,"Copyright holders know precisely what materials they own, and thus are better able to identify infringing copies than service providers likeVeoh." The ruling doesn't shield websites from liability for infringement but it does permit websites to use the DMCA as a shield when the website has anti-infringement policies and has otherwise responded to all requests for takedowns.

Fur Better

2011-12-20T21:00:00.000-08:00

Ann Taylor has fluffy and adorable fur pillows ($78; anntaylor.com). YOU ARE WELCOME.

[photo cred here]

Does Filing For Patent End NDA?

2011-12-20T06:00:00.000-08:00

Dear Rich: If company A and company B have both signed a legal nondisclosure agreement (NDA) and then company A applies for a patent on the business plan covered in the NDA, does that make the information public and therefore make the NDA null and void? Information in a patent application becomes public when the USPTO publishes an application 18 months after filing. If the applicant does not plan on filing in foreign countries, the applicant can opt out of the 18-month publication program. If the applicant has opted out, the application will only become public if the application issues (or the applicant changes position on foreign filing). (We've discussed that previously, here.)
What happens after publication. Whenever the information is published, that information can no longer be protected as a trade secret and will not be subject to an NDA. That doesn't necessarily make your NDA "null and void." If other nonpublished information has been included as part of the NDA, that should still be protected. For more on the subject, check out our NDA site.

On the Dot

2011-12-19T21:30:00.000-08:00

Let's talk about polka dots. I was never a fan of them as a print on clothing (too ladylike for my taste, I think), although I could see myself falling for them on a silk tie-neck blouse. Otherwise, I think they're far more fun in decor. I love them as an accent, whether they be on a duvet or on a lamp. An entire room of polka dots is tempting (oh so tempting), but probably not doable in real life. What is?

This rug (left, $99 and up; pbteen.com) and that lampshade (right, $49; pbteen.com) are perfect examples. I love that the rug's dots are off-kilter and not at all uniform. It seems so playful and quirky; I could totally see it on my floor and under the coffee table. The lampshade is special because it's white-on-white polka dots. The texture is so special, and the ripple pattern, genius. What do you think?

[photo cred here and there]

Scotty Alan - Wreck And The Mess

2011-12-19T04:05:00.000-08:00

Scotty Alan - Wreck And The Mess
2011, Spinout Records

Scotty Alan lives on the south shoreof Lake Superior in Michigan, in a log cabin he built himself. Alan lives very much on his own labors,hunting, fishing and farming. Livingwithin two-and-a-half miles of the house he grew up in, Alan is part of anextended family. While his ruralexistence didn’t expose him to a lot of music over the years, Alan has beenmaking his own since his early teens. From punk to singer/songwriter, Scotty Alan has always shown a penchantfor understanding and commenting on the world around him through song. Scotty Alan’s latest effort, Wreck And The Mess, finds Alan treadingthe backwaters of country, Americana and pop.

Wreck And The Mess opens with "Goodbye", a rustic song of partingwith a messy, organic feel. Amidst the violin, slide guitar and perfunctorypercussion, Alan plies an amiable, off-kilter voice that's part Luther Wright,part Roger Waters and part Mike Scott. "Your Hero?” a swaying littlecountry rocker, has a hypnotic appeal and a chorus that will get caught in yournoggin; you'll be singing along by the second time Alan runs through thechorus. "Ain't Much" blends spoken word and sung vocals in anyincredibly catchy number built on a minimalist arrangement with its roots inrockabilly. "Barn Dance" has a plaintive, relentless feel; a sense ofbelonging as palpable as it is ever-present.

"Not Ready To Be"describes a pair of star-crossed lovers in cliché-ridden imagery. In spite ofthis, there's a stubborn authenticity to the song that demands to be heard. On"Do It Alone", Alan takes a comically DIY perspective on his nextgreat love. The song is incredibly catchy and entertaining; the sort that wouldplay well on a movie soundtrack or on the old Dr. Demento Show. "Was ItEver?" looks back on a relationship in sadness, questioning everything andunderstanding little. The emotional impact of the tune is striking, especiallygiven the plaintive, almost rock-a-bye feel to the arrangement. Scotty Alanfinds a mild Pogues vibe on the country-flavored "So Loud". Startingout as a promising love song, "So Loud" descends into an emotionaldestruction that seems inevitable even if the song's narrator never saw itcoming. The song is catchy, with rudimentary pop hooks that snag your attentionand won't let go.

"Dusty Hollow" reflects aseemingly eternal angst born of having better places to go but no motivation toleave a place with little left to offer. The song ends in an almost spokenresolution, but it's not clear whether momentum ever changes in thefatalist-melancholy that pervades. Similarly, "Sinkin' In" wallows ina deepening sorrow over a goodbye that may or may not be final. Alan'sarrangement is sorrowful and dark yet retains a distinctive melodicism in spiteof its plaintive, dirge-like feel. Wreck And The Mess winds down withthe exuberance of "Someone To Fight", driven by a rapid-speak vocalstyle that's entertaining and raw.

Scotty Alan brings a unique andentertaining charisma to Wreck And A Mess, rough around the edges yetpossessing a distinctive, hard-won polish that simply can't be practiced. Itcan be difficult to stay with Alan through some of his more depressing countrynumbers, as the mood that pervades often surpasses melancholy quickly on theway down. Yet when Alan is changing up speeds between his darker and lightmaterial, and using his not inconsiderable wit to highlight the spaces inbetween, the results can be very entertaining. Wreck And A Mess is certainlynot an album you take lightly, for the darkness of mood here is more than justpalpable at times, but Alan has a way of throwing in the occasion backroomanthem with a wink and a nod just to let you know that everything is going tobe alright. Maybe.

Rating: 3.5 Stars (Out of 5)

Learn more about Scotty Alan at www.scottyalan.com or www.myspace.com/oldkilnroad.

Please note that the Amazon.com prices listed above are as of the posting date, and may have changed. Wildy's World is not responsible for price changes instituted by Amazon.com.

All Wrapped Up

2011-12-18T21:00:00.000-08:00

This weekend, I finished up my Christmas shopping. I had a long list this year: my family, of course, my friends, and then the wonderful people who helped me get to the place I am today (which would be: employed). At first, I was a little lost. What should the price point be? Are there any things I shouldn't give?

I'm not a very good gift-giver, but I have one rule when I'm searching for the perfect present: it has to be something that the person will love but wouldn't normally buy him- or herself. Things like Lollia bubble bath, which is beauty-editor approved (not by me, but a seasoned beauty director)(I promise), is just extravagant enough without being excessive. C. Wonder (created by Tory Burch's ex-husband and co-founder of her eponymous clothing line) also has a fantastic selection of affordable yet adorable trinkets. I love these bright enamel boxes and pretty glass plates.

What are your go-to gifts?

[photo cred here and there]

Can We Report Neighbor for Blasting Copyrighted Christmas Music?

2011-12-16T06:00:00.000-08:00

Dear Rich: Every year, my neighbor blasts Christmas music (and some non-Christmas music) with a synchronized Christmas light show. As you can imagine he goes overboard and drives most of the neighbors crazy. We've asked him to turn it down (or off), complained to the authorities, and none of it does much good. We're thinking of suing him as a nuisance. One of the neighbors wondered if we could report him for playing copyrighted music without permission. Is that possible? To whom do we report it? That's the Christmas spirit! We can totally relate. We once visited a Dear Rich Staff member in the hospital at Christmas time and somebody down the hall was blasting 'Silent Night' on a toy piano (talk about an oxymoronic choice of material). What is a 'humbug,' anyway?
Right, you had a question. The neighborhood blasting of copyrighted music would likely qualify as a public performance (sidebar on right) under U.S. copyright law. In other words, it falls into the same category as playing music at a ballgame or at a bar, and requires permission. If it is done without permission, it would be considered an unauthorized use of the music -- that is, an infringement. The gatekeepers for almost all of these public performance rights are two organizations, BMI and ASCAP. They grant permissions on behalf of thousands of songwriters. They also enforce rights and sue organizations and individuals who publicly perform music without permission. You could report your neighbor to the appropriate organization although you would need to identify the copyrighted songs from the performing rights organization's repertoire -- for example, BMI has over 7,000 registered songs with the word "Christmas" in the title. The organization could then choose to enforce rights. That's where you might run into a problem. Following the strange flap over the Girl Scouts/Macarena debacle, performing rights societies might be gun-shy about going after a homeowner playing Christmas music in his cul-de-sac. We think you and your neighbors would be better served by handling this in the traditional American way -- small claims court.

2011-12-15T21:14:00.000-08:00

I am writing to you today with a mixture of sadness andexcitement. All good things musteventually find their terminus, and so it is with Wildy’s World. Wildy’s World has been a labor of love forthe past four years. With over 2,600 reviewsand closing in on 400,000 distinct visitors, the site managed to carve its ownlittle niche in the Indie Music landscape. Wildy’s World has been a resource for Indie musicians, major labels andeveryone in between. So it is with somesadness that I announce you today that Wildy’s World will cease publication asof December 31, 2011.

The last few weeks have been inconsistent. I’ve been sitting with the decision for awhile, wanting to make sure it was the right one. But at this point in my personal andprofessional life I have so many other priorities that I cannot dedicate thetime to Wildy’s World that it needs to continue to successfully serve the musiccommunity at large. I’d rather go outwell than feebly. To that end, there arestill reviews to be published this year, and we will close it all out with ourtraditional year-end countdown of the Top-50 albums reviewed by Wildy’s Worldin the past year.

As many of you know, Wildy’s World was always a hobby; onethat found a place alongside my professional duties in the working world (awayfrom music) and my family. Because ofWildy’s World I have also been offered opportunities to write commercially,writing the occasional review for pay for various publications and ultimatelywriting artist biographies and project pitches. I have been writing bios for a NYC-based agency on a free-lance basisfor over a year now, and have done a handful of on-demand projects privately aswell. Going forward I will be focusingmore of my energies in that direction. Iwill also continue to publish music reviews through BlogCritics, although at amuch less frequent rate than with Wildy’s World (likely 1-2 per week). I may also look to start something else inthe social/digital atmosphere after I’ve taken a couple of months away frompublishing every day. We shall just haveto see.

So if you wish to submit material for review on BlogCritics,I suggest you send me streaming or sample files so I can check them out. If I choose to review, I will, as always, askyou to submit a hard copy for that purpose. But as I am previewing the music, I won’t ask for a hard copy unless Iplan a review. To that end, the emailaddress wildysworld@gmail.com, andthe physical address will not change. Ifyou need the address just drop me a line. If you’re an Indie or established artist whose trying to do DIY, but youneed help with a bio or one sheet or need a one time writing project done,please drop me a line and we’ll see if I can help you out. If you work in PR or the industry and needsomeone to craft bios, liner notes, pitches or other such projects, get intouch with me and we’ll see how we can help each other out.

It’s been a lot of fun spending almost every day with youover the last four years. I’d love tokeep it going, but I just don’t have the time or energy to do this the rightway anymore. I hope to continue to be aprofessional resource for the creators and purveyors of Indie Music. And you never know, I may get bored and startsomething else up down the line.

In the mean time, if you’ve contributed to Wildy’s World inany way over the last four years, thank you. Whether you’re an artist who has submitted music to be heard, a PR rep,a label rep, a music fan or even the multitude of spam bloggers in Asia andRussia who continue to pepper the blog with spam comments, you’ve all made itinteresting. I wouldn’t trade theexperience for anything, and I’ve even made a few new friends along theway. So thank you. We’re still here for two more weeks, and we’llclose out the year counting down to the best album of 2011, just likealways. Until then, my friends, be well.

Wildy

Andy Statman - Old Brooklyn

2011-12-15T21:02:00.000-08:00

Andy Statman - Old Brooklyn

2011, Shefa Records

Andy Statman is the sort of talentthat only comes along once or twice a generation. The Flatbush Brooklyn resident grew up in afamily full of cantors and professional musicians, and seemingly was born withan insatiable love of music. Klezmermusic was an early love, but once Statman discovered the work of Flatt &Scruggs he was forever hooked on bluegrass. An artist in the traditional sense, Statman can play anything, but heseems to come just a bit more alive when he digs into the roots of Americanculture, while never forgetting the Klezmer music from his own culturalroots. Andy Statman recently releasedthe double album Old Brooklyn. It’s a revelation.

Statman opens with "OldBrooklyn", alternating between traditional bluegrass forms and bouts ofmessy, improvisational noise. Some Celtic flavoring gets added into the mix.The picking is incredible, but the manic-aggressive tendencies of the breakdownsmay put off some listeners. "Pretty Little Gal" is a hot littleinstrumental that burns bright, and sets stage for the deeply nuanced andintriguing "The World Will Provide". Ricky Skaggs sits on as guestvocalist, offering a fluid guide to offset Statman's edgy and unusualinstrumentation. The result is a gorgeous and haunting piece with asurprisingly crisp backbone.

Statman explores the delta wherejazz and Middle Eastern styles meet on "Totally Steaming", aninteresting musical backwater that allows his ensemble to show off theirtalents. "Zhok Mahoney" keeps the Mediterranean flavor but is morefree-form in nature. Statman's progressive tendencies get the better of himhere, however, as he tries to do too much at times to fill up space. "EitanAnd Zaidy" blends 1970's rock, bluegrass, funk and jazz into an intriguingmusical hybrid. The musicianship is excellent throughout, and music theoryfanatics will have fun pulling this one apart.

Statman kicks back with a blend ofback porch jazz and R&B perfect for a lazy summer afternoon in "SinceI Met You Baby". There's an unrefined sound here that's not quite as messyas it might first sound. Brooklyn goes country on "A Brighter Day", amischievous little waltz that's easy going and fun. "Life Cycles" isan introspective and pretty solo piece for clarinet that is a must-hear.Sometimes just a solo voice or instrumental can tell the whole story, with apanache that the largest orchestra just can't touch. This is one of thoseperformances.

The slow country waltz comes aroundagain on "Bourbon In Jackson Hole", but Statman is ready to shake offthe mood and get down to some good, old-fashioned rock and roll. This happenson the wonderful "A Boppin' Crib", which finds Statman and his bandweaving together a mix of R&B, jazz and early rock in subtle measure. Thesong is fun and danceable, and will refuse to get itself out of your brain.Things get tricky on "Waltz For Mom". Guest Bruce Molsky and Statmanare true to the title, facing off two fiddles on the bifurcated melody line,but there's an Irish jig dancing around inside screaming to come out.

Bela Fleck makes an appearance,lending his prodigious banjo to "Shabbos Nigun". "Mah Yedidus(How Beloved Is Your Rest)", however, features some of the finest instrumentalwork of the album. That lazy afternoon feel returns on "Blues In 3",a song with great sound and little ambition; and a great listen. Molsky returnsfor another fiddle faceoff on "Uncle Mo", a catchy and danceable reelyou simply cannot ignore. Statman closes with "Long Journey Home", anamped up acoustic instrumental that blows the roof off and leaves no doubtersbehind.

Andy Statman is consistentlyinconsistent on Old Brooklyn, refusing to be hemmed in by considerationsof genre or style. The result is an eminently pleasing and entertain gin listenthat should garner some real attention from critics and on year-end lists.Statman's sound is varied enough to work against him from a commercialperspective, but placement on a soundtrack or popular compilation would explodeStatman into much wider recognition. Statman certainly deserves the exposure.Even with a few bumps, Old Brooklyn still stands to be one of the finestefforts in Americana and World music of the year.

Rating: 4.5 Stars (Out of 5)

Learn more about Andy Statman at www.andystatman.org.

Please note that the Amazon.com prices listed above are as of the posting date, and may have changed. Wildy's World is not responsible for price changes instituted by Amazon.com.

What's the Meaning of "Relationships" Clause in Contract?

2011-12-15T06:00:00.000-08:00

Dear Rich: I was reading the basic NDA on your website and I'm unsure of one clause you included. "5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose." This is a confusing statement. Would you be able to explain what this means? Any help would be appreciated. Thanks! If you were reviewing an NDA at our NDAsforFree.com site, then the explanation should have been available to you by clicking on the hyperlink for "Relationships." If you were unable to access it, here's an explanation below. (Note that this clause is also sometimes referred to as a "No Joint Venture" clause, too.)

Your relationship with the receiving party is usually defined by the agreement that you are signing -- for example an employment, licensing or investment agreement. To an outsider, it may appear that you have a different relationship, such as a partnership or joint venture. It's possible that an unscrupulous business will try to capitalize on this appearance and make a third-party deal. That is, the receiving party may claim to be your partner to obtain a benefit from a distributor or sublicensee. To avoid liability for such a situation, most agreements include a provision like this one, disclaiming any relationship other than that defined in the agreement. We recommend that you include such a provision and take care to tailor it to the agreement. For example, if you are incorporating the NDA provision in an employment agreement, you would delete the reference to employees. If you are using it in a partnership agreement, take out the reference to partners, and so forth.

Fancy Pants

2011-12-14T21:00:00.000-08:00

Yesterday, I wore a snappy pair of vintage-print Diane Von Furstenberg corduroy shorts. (Yep). (You read that correctly). They're the sort of things that I always want to buy but never actually buy, although apparently, the chances of me saying no when they're hanging on a sample sale rack are nil. So they became mine, and naturally, I layered them over a pair of warm black tights. The thing is, I've never loved the look of tights under shorts. Personal opinion: the pairing looks inappropriate and a little off-kilter. However, I wanted to wear these shorts so badly that I would've put them on over ski pants. The kicker: the shorts didn't look terrible. I wore them ("they" in question being black with pink polka-dot clusters)(yes, you read that right)(no, I'm not blind)(come one, guys, Diane Von Furstenberg always creates baller patterns!) with black tights, a black silk tee, and black flats.

This brought me to my conclusion that as long as the color palette is subdued and the shorts are somewhat fancy (patterned, sequined, not denim), they're a-okay with tights. And then I saw the above picture, and now I'm dying to throw denim shorts over tights and top them off with a cozy sweater and an awesome pair of boots. It's like fashion schizophrenia. So help me: where do you stand when it comes to winter shorts?

[photo cred here]

Can a Legal Notice Be Sent By Email?

2011-12-14T06:00:00.000-08:00

Dear Rich: I got a cease and desist notice by email. Is that legal? How can they prove that I got it? Yes, a cease and desist letter has the same legal effect whether it is sent by U.S. mail, email, or as a text message. The two laws that confirm the acceptability of electronic notices are “UETA” (the Uniform Electronic Transactions Act), adopted in all states except Georgia, Illinois, New York and Washington, and “ESIGN” (Electronic Signatures In Global and National Commerce Act), a federal law. Unless some other law prohibits it, UETA and ESIGN permit the use of typical electronic notices. Put another way, under both of these laws, a legal notice cannot be denied admission in court simply because it is electronic (and not on paper). The key to admission in these cases is demonstrating authenticity of the email and receipt. So, if a lawyer sends you an email cease and desist notice, under UETA, that email is considered to have been “received” when your email server (the one connected with the your email account) receives the message from the lawyer. The email protocol used when sending email over the Internet confirms your address. However, demonstrating receipt may require discovery mechanisms to obtain your email server records. Note, that you are considered to have “received” the email even if it falls into your spam filter, provided that you have the ability to obtain the message from the filter or have control over the filter’s settings. Lawyer's often use a system such as RPost (http://www.rpost.com/) when sending electronic email notices.

Hit the Lights

2011-12-13T21:00:00.000-08:00

Hi, I'm Susi, a blogger for Arcadian Lighting, where I write about design and lighting ideas and inspiration for the home. I love visiting blogs like Mellow Fever as a guest blogger. My post today is about 8 fashionable apartments. Small on space but not on style, these apartments are chic and fashionable. What makes a space fashionable for you? Floor, furniture, light fixtures, decorative accessories--each can make a stylish contribution. Enjoy!

Clean, modern lines make this open apartment feel fashionable and chic. Vintage and contemporary pieces mix together, just like in fashion, to create a cool living space.

I love this dining area that is bordered by a bookcase. Combining a dining room and library can give an apartment a fabulous chic pied a terre feeling. Eclectic finds make the space feel personal.

This chic apartment living room seamlessly combines living and home office areas into one fabulous apartment. A mix of furniture styles, crisp artwork, and clean lines make the space fashionable.

When the view out the window is spectacular, the décor of the apartment should be downplayed to avoid competition. The neutral décor of this fashionable living room manages to still be stunning, without competing with the skyline.

In fashion, black never goes out of style. In decorating, black is a bold statement on walls. Here, the kitchen and dining spaces are joined by the color black, expanding both spaces. The simple pendant light picks up that black theme.

For an apartment that is big on style but small on space, low profile seating is a good idea. Backless and simple take up less space than big, bulky pieces. I love the gallery wall.

Lovely elaborate “gates” separate the living room from the hall in this gorgeous apartment. A light pastel palette gives the apartment a fashionable, feminine style.

Beautiful ceiling lights set the stage for gorgeous art and furniture in this fashionable apartment. The dark chocolate walls recede, making the space feel larger.Wouldn't you love to come home to one of these fashionable apartments? Stop by Arcadian Lighting's blog for even more stylish ideas and decorating inspirations!

(Images: 1, 2, 3, 4, 5, 6, 7, 8)

How Do I Word a Copyright Disclaimer for YouTube?

2011-12-13T06:00:00.000-08:00

Dear Rich: I've seen a lot of different statements posted by people at YouTube so they won't get sued over copyright infringement. What is the best thing to write to prevent getting sued? These statements -- known in legal parlance as "disclaimers" -- are intended to prevent (or at least limit) copyright infringement claims. The most common of the half-million disclaimers used at YouTube is apparently "No Copyright Intended" which -- despite its ambiguous meaning -- is about as effective as going 90 MPH in your car with a sign that says "No Speeding Intended." Other disclaimers state that the user is claiming fair use. Unfortunately, claiming fair use doesn't mean that the work qualifies as a fair use. Only a court can determine that. In truth, we don't believe that there is really any disclaimer (scroll to bottom of page) that would be effective in preventing a lawsuit if your video infringes someone else's work.
So what do you say? Knowing that disclaimers won't prevent a lawsuit, you might be able to limit damages in a lawsuit by stating something to the effect of "No copyright is claimed in [content copied] and to the extent that material may appear to be infringed, I assert that such alleged infringement is permissible under fair use principles in U.S. copyright laws. If you believe material has been used in an unauthorized manner, please contact the poster." Don't expect this to do much -- most copyright owners will bypass this and have it removed under a DMCA notice -- but it may set a more sympathetic tone for you as a defendant if you find yourself responding to a lawsuit.

Can Yoga Moves Be Copyrighted?

2011-12-12T06:00:00.000-08:00

Dear Rich: I've been following the Bikram Yoga stories and it's still not clear to me. Can I practice Bikram Yoga techniques at my studio or will I get sued by the Bikram people? The jury is still out on the case you're discussing in which Bikram founder Bikram Choudhury sued a former Bikram practitioner who started a competing "hot yoga" school (Yoga To The People or "YTTP") for copyright and trademark infringement. We thought we answered a similar question a while back but we couldn't dig it up so we assume it was written in a parallel universe.
The copyright case(s). Bikram and his competitors have been in and of courtrooms over the past ten years. One group of yoga practitioners sought relief after Bikram sent out a bunch of cease and desist letters in approximately 2002 and 2003. That battle ended in a settlement in 2005 but not before a court weighed in on a few important issues. The court determined that: individual yoga moves could not be protected; a compilation of moves might be protected if sufficient originality could be demonstrated; even if a copyright were granted for a collection of moves, it would be a "thin copyright" and would likely be limited to performing the moves in the exact sequence; and the performance of yoga moves did not necessarily amount to their publication. As for the use of heat as part of the sequence -- and who wouldn't want to be in a yoga room packed with half-naked sweaty people -- no protection can be granted for this "concept." In September of this year, Bikram started up again, this time going after YTTP for copyright and trademark infringement. Bikram has received several copyrights for books and other compilations. However, the Copyright Office announced last week that yoga moves are not eligible for copyright protection. Bikram's lawyers discounted that decision as meaningless because Bikram's copyright has already issued and is presumed valid. It's true that there is a presumption of validity associated with a copyright registration but it's a rebuttable presumption and courts periodically eighty-six registrations when the situation calls for it. This may prove to be one of those situations.
Can you use the trademark? Probably, the strongest claim that Bikram can make is for trademark rights -- specifically as to the use of the name, Bikram Yoga. Bikram hasn't made the mistake of Pilates and permitted the unlicensed use of his name. So, if he can demonstrate that the Bikram marks (and we're not sure what is claimed beyond the name) have been used, he may be able to succeed on trademark infringement claims.
Can it be patented? We don't think a collection of yoga moves is patentable, an opinion shared by other patent practitioners and by the patent office, although it is possible to obtain patents on yoga products, like the yoga gloves and shoes, shown above). (And of course let's not make the sad journalistic mistake of confusing copyrights and patents.)
Bottom Line Dept. If we were a betting blog, we would bet that Bikram will fail in his current copyright case though we doubt if that will deter the celebrity attraction that is associated with his "brand." The takeaway point, however, is that, until stopped by a published court ruling, the company is likely to continue to aggressively "protect" its turf.

Morning Glory

2011-12-11T21:30:00.000-08:00

This weekend, I went to margaritas with the fashion department before heading home to bake cookies and decorate my miniature Christmas tree. Did I say bake cookies? I meant eat them. Oops. My mistake. The thing about grabbing drinks with the fashion department is that even while wearing two necklaces and wedge boots, I still manage to be the most underdressed person there. You know what could help? A choose-your-own-~~adventure~~-outfit video from Madewell. After twelve years of wearing plaid kilts and knee socks, I'm not good at dressing myself in new and imaginative ways. If I do in fact find a creative combination, I'll wear it once a week until I do my dry-cleaning. So tomorrow, I'm going to let this cute video decide. Where did your choices take you? (Mine were: Tea, geeky chic, handbags, dress down, confetti).

Will Negative Review of Art Reduce Permission Chances?

2011-12-09T06:00:00.000-08:00

Dear Rich: I'm writing an academic essay on art criticism and some artworks I criticize and others I say better things about. In looking for free copies of these images, how do I handle the galleries whose artists are coming under critique? Is it ethical to hide the fact that they won't come out so well? I feel far more comfortable asking for free copies of images from galleries and museums in which the artist comes out better. We know what you mean about that ethical thing. The Dear Rich Staff has worked as a reviewer and sometimes we feel funny panning somebody's work even if we didn't have to ask permission for anything. That's because we know how much effort went into the thing and we feel bad deflating the tires, so to speak. On the other hand, everybody's a reviewer these days so maybe reviews really don't matter any more.
Right, you had a question. Obviously your chances of obtaining permission are reduced if you inform the person from whom you're seeking permission that you intend to pan the artwork. So, our suggestion would be not to mention it. Like Admiral Hopper used to say, "It's easier to ask for forgiveness than it is to get permission." Though some may disagree with that approach, we feel it's fine in this situation. After all, academic criticism is valuable and is intended to provide benefits to the artist and the public. So, we see nothing wrong with simply stating that you are preparing an academic essay and need a high quality reproduction of the work for reproduction with your essay. If you cannot get permission and you are going to produce a printed publication, you may be able to reproduce thumbnails under fair use principles -- at least that's been the trend recently for books and websites. And of course, though it may be expensive, some artwork can be licensed with few questions asked through sources such as VAGA and ARSNY. (Columbia University has a site explaining the licensing principles of museums and galleries.) And while you're at it, we're curious what you think of this artwork?

Can We Do a Book About the Rolling Stones?

2011-12-08T06:00:00.000-08:00

Dear Rich: I am a small publisher with a writing background who wants to release an e-book covering the 50th anniversary of the Rolling Stones. I have asked many experts three questions: who is their favorite Rolling Stone? What is their favorite Rolling Stone song? and What is a memorable experience that they had regarding the Stones and their songs? I plan to publish the findings in a e-book and sell/release it for download. My questions are: (1) Do I have to ask the band's permission to release the book? (2) If the company decides to sell the book, do we have to compensate the Stones? (3) Am I okay to publish this if I dont include any copyrighted logos/materials etc in the publication? The Dear Rich Staff has decided that its favorite member of the Rolling Stones is Keith Richards because we loved his autobiography, he set the standard for all rock and roll guitar playing, and because if we find certain old pictures of him, he kind of reminds us of the way we wanted to look back in the day. (Of course, our second favorite Rolling Stone is Charlie Watts because he is the best dresser and drummer in rock and roll.) Our favorite Rolling Stones song is You've Got the Silver because Keef sings it but if you're looking for tracks that Mick sings, then it would be Wild Horses or Angie. Our most memorable and most depressing Rolling Stones experience was the so-called "Inflatable Penis" tour in 1975. We saw the show at Indiana University Convention Center and the setlist was awesome. But it was the first tour that the Stones used props on stage and we remember thinking at the time -- maybe it was the Hoosier audience, the awful sound mix, or maybe it was the sad use of the props -- that this was the end of rock and roll. And of course, we were correct about that.
Right, you had a question. If you don't use any copyrighted materials owned by the Stones -- lyrics, photographs, etc., -- then you won't need to ask permission or deal with compensation. If you do use some limited excerpts or clips, you may be able to excuse that use under fair use principles. For example, under U.S copyright law, you can probably get away with thumbnail reproductions of album covers as a fair use. You're probably fine to use Rolling Stones logos and trademarks because your uses are strictly information/editorial and permissible under trademark law. However, we think you are best avoiding the use of of logos (such as the logo reproduced above) on the cover of the book as that may imply endorsement by the Stones.

Can I Sell Sports App That Uses RSS Feed?

2011-12-07T06:00:00.000-08:00

Dear Rich: I've already made an app that feeds RSS feeds from SkySports and goal.com. The app informs people on the go about their football team. I'm about to change the app slightly and putting more work into it. I'm thinking about selling it for 1 pound. Would this be copyright infringement because I'm making a profit (or am I just feeding people the infomation from the direct source, that is, skysportsnews.com and goal.com)? Start by considering the two extremes of RSS feeds apps. On one end you have RSS reader apps like Xnews. These apps don't infringe because they are simply providing access to a variety of feeds. On the other end you may have a news app that pulls feeds from a few specific news sites and reproduces the material within the app. This is more likely to be copyright infringement because it is reproducing specific RSS feed content for readers, as well as trademark infringement because it is confusing consumers as to the source of the material. (BTW, we wrote about this issue about six months ago.) Your app seems to be somewhere in between these two extremes (and the fact that you are charging money doesn't affect the determination). The more you move away from the reader model where the user chooses the RSS feed and gets unadulterated content, and the more you hype the name of the company supplying the feed, the more likely you will run into problems. In your case, reproducing content from two specific feeds (whose trademarks are featured) could trigger a cease and desist letter.

Your New To-Do

2011-12-06T21:30:00.000-08:00

Are you feeling blue? A little down? Like a party popper? Unpoopular? (If you have no idea what I'm talking about, watch this RIGHT NOW. Then come back and finish reading.) Brighten up:

1. Soak in a bath for an absurdly long period of time. Bring a good book and clean, fluffy towels.
2. Swipe on red lipstick. It will boost your confidence so much that you'll smile at your reflection in every single window. Don't you feel better just thinking about that?
3. Organize your desk. A happy byproduct: your thoughts will be a tad less chaotic.
4. Order a cappuccino...to stay. No need to go on your merry way when there's foam to stir and sip. Sit down. SIT. DOWN.

[photo cred to 1, 2, 3 and 4]

What is a Registered Patent?

2011-12-06T06:00:00.000-08:00

Dear Rich: The company I requested to review my "pending patent" said I must first have a "registered patent" before they will review it. What is a "registered patent"? You either have a patent or you don't, so we think the term "registered patent" means that the company wants you to have one. If you're patent-pending, you don't have a patent. You've filed the appropriate paperwork but the USPTO has not approved your application. Some inventors mistakenly believe they have a patent after filing a provisional patent application (PPA). The PPA preserves your place in line at the USPTO and it may serve as a deterrent but it's not a patent. You cannot use a PPA to stop others from copying your invention, and it only has value if you file a regular patent application within one year of filing the PPA. Because less than half of patent pendings "matriculate," into patents, a lot of companies are wary of patent pending status.
(BTW, there's a lot of helpful patent business info at Nolo's new patents and business site.)

Flat Out Gorgeous

2011-12-05T21:30:00.000-08:00

I love a good wedge, but my affection for ballet flats is no secret.

Help a terribly indecisive girl out. Which style is your favorite?

(From left to right): Madewell skimmers, J.Crew ballet flats, and Marais maryjanes

[photo cred to AMY STONE // COFFEE TALK]

How Do I Protect My Doll?

2011-12-05T06:00:00.000-08:00

Dear Rich: I am the author of a childrens' book about a little girl. Per my requst, my illustrator made a doll that looks exactly like the character in my book. This book is the first in a series, by the way. My question is this: Do we need to obtain a trademark or copyright on the doll? I want to use the doll when I read the book at various places (it is a picture book for children ages 5 through 8). I have tried to research this myself, but it is confusing. Speaking of confusing, we're not sure what to make of the Bitty Baby doll and its accompanying diaper bag. Do other dolls come with their own doll? Is this the right message to send children about overpopulation? Is it the right name for a doll? We guess we'll never know.
Right, you had a question. Yes, you can protect your doll under copyright law. You can file an application electronically or by using the Form CO (PDF). You would register it as a work of the visual arts. Circular 40 explain the rules.
Did the illustrator assign rights to you? According to your question, the illustrator created your doll. That might make the illustrator the copyright owner. If you and the illustrator jointly developed the doll, you may be co-authors. In any case, it's probably in your best interest to get an assignment of copyright from the illustrator. (This Artist's eGuide includes one).
What about trademarks? You can register your doll's name with the USPTO. But you don't get federal rights until you've started selling the doll (although you can reserve rights). If money is tight -- trademark registration costs approximately $300 -- you can wait until sales from the doll justify filing the application.

Rise & Shine

2011-12-04T21:30:00.000-08:00

This weekend, I accidentally spent an afternoon devoted to myself. First, I went to Via Quadronno, an Italian café in the heart of the Upper East Side that features delicious paninis and the best cappuccinos ever. It cost me a mint (or let's be honest, about eight mints), but the wild boar prosciutto panini was worth it. The cappuccino was light, foamy and rich. It completely lived up to my expectations, and I'm probably going to dream about it for the rest of my life.

It didn't stop there (of course not). I went to Ladurée. Duh. About every other word on this blog is about macarons. During the forty minutes waiting outside on line, I steeled myself to resist temptation and only get five. Once I got inside the actual shop, I gave myself a break and bumped that up to six. And then, when I reached the counter, I ordered eight. One chocolate, one caramel salted butter, and six raspberry macarons later, my bank account is empty and my appetite, satiated. They too lived up to my expectations: melt-in-your-mouth and perfectly sweet.

How was your weekend? Please tell me it was as good as mine or I'll feel awful for having devoted this post to gloating.

[photo cred here and there]

2011-12-03T04:11:00.000-08:00

Ashley Brooke Toussant - Sweetheart
2011, Ashley Brooke Toussant

Kent, Ohio's Ashley Brooke Toussant is a modern singer/songwriter with a deep love and respect for old-time sounds and genres. Moving to Chicago and back over the last few years, Toussant has continued to explore his musical gifts while amassing a number of songs. These creations come to life on Sweetheart, the follow-up to the 2008 EP, All Songs In English. This time out, Toussant's work has more of a country feel, but the singer/songwriter pastiche has not been forgotten.

Toussant has an unusual voice; almost a bit uncomfortable at first, but she grows on you. Imagine Jewel with Dolly Parton's vibrato and you're getting close. Distinctive enough to stick with you, and after an initial adjustment, really quite appealing. The songwriting on Sweetheart is anything but uneven; in fact, it's perhaps too consistent to really maintain listeners' attention. Toussant starts off well on the title track. "Sweetheart" shows Toussant's voice at its sweetest and most supple in a folksy country number reminiscent of early Jewel. "Without Feathers" is full of unusual and striking imagery, promising, perhaps, great an unusual things to come. Unfortunately, the suggested greatness never quite materializes.

Toussant settles in for a consistent run through songs full of love and melancholy, all played against the backdrop of country-ized folk/pop arrangements. The songs are solidly written and performed, but there's a general lack of dynamic here that's suggested by the two opening tracks. Toussant may remind listeners more of Cowboy Junkies during their popular phase; boxed into a sound that is appealing on some level, but suffers from a lack of contrast, and thereby losing the subtle nuance and detail for lack of aural backlighting. Toussant does surprise us in the end with a well-thought cover of Henry Mancini's "The Sweetheart Tree", but unfortunately some listeners may have tuned out by then.

Ashley Brooke Toussant is a talented singer/songwriter with a distinctive sound. In spite of the initial displacement at her sound, Toussant's inherent sweetness of sound will draw you in. Sweetheart is well-intended, but the lack of real stylistic or sonic variation, outside of the first two tracks, dooms the album to background listening. It's a shame, because Toussant and her band employ intriguing imagery in her lyrics, and some wonderfully subtle, reverb-washed instrumental work in support. But the lack of dynamic variation may cause these subtle details to become lost in the wash.

Rating: 2.5 Stars (Out of 5)

Learn more about Ashley Brooke Toussant at www.ashleybrooketoussant.com or ashleybrooketoussant.bandcamp.com.

Manufacturer Wants Invention But Not the Patent

2011-12-02T06:00:00.000-08:00

Dear Rich: I have your book, Profit From Your Idea, and I'm in licensing negotiations with a manufacturer. I created an invention that involves snowmobiles and portable cookers and it's currently patent pending in the U.S. and Canada. I proposed a deal whereby the manufacturer would advance me $7,000 most of it for patent prosecution costs, and a 7% royalty. However, the manufacturer responded that they do not see the value in a patent so they don't want to pay the $7000. They seem to want to avoid talking about patents in the contract (perhaps just to avoid the $7000 or perhaps for other reasons). Question 1: Can I legally make a contract without having patent pending (or other forms of intellectual property) to offer them? The advantage of selling them the 'idea' and not only the 'patent' is that we would continue to receive royalties if the patents do not issue. If they agree to this, is this an acceptable approach? I know for a fact that certain inventors do license without any IP (for novelty items for example). On the other hand, your book, and advice from David Pressman seems to argue that some sort of intellectual property must be exchanged for royalties (you can't just sell your 'idea'). Question 2: Let's assume we do license the 'idea' and the manufacturer sells a bunch of units. And let's say our patents do not issue because the idea has already been patented by a third-party. Can that third-party sue us directly for having sold an 'idea' to a manufacturer that we do not own? First of all, thanks a real, real, lot for buying our book. If you saw our recent Nielsen numbers you'd know why we're so grateful. Second, we hope you're being careful out there snowmobiling with burgers and wings frying in the back -- talk about distracted driving.
Right, you had a question. Yes, you can license without a patent. A lot of manufacturers don't want to mess with patents because they may believe that the key to success is getting to market first (and patents take years to obtain). Still, there are some obvious advantages to having a patent, in particular you have a monopoly on the invention and may be able to control derivative versions as well.
How do you describe what you're licensing? In your question you state that the invention is patent pending in the U.S. and Canada but then you ask whether you can license something that's not patent pending. So, we're not sure of the status of things. Either way -- patent pending or not -- is okay. In Chapter 8 of the book, we provide language for licensing a patent pending invention -- "The 'Property' refers to the invention(s)described in U.S. Patent Application No(s)._______, a copyof which is/are attached to this agreement." Following that we also provide language if the innovation is not patent-pending. In both cases, providing an accurate description of what you're licensing is most important.
Is it legally binding if I have no IP protection? It helps to be able to point to a patent or a trademark registration when licensing but not having a government registration doesn't preclude you from licensing an idea. The idea may involve trade secrets or know-how, or some other product of the mind, and the fact that a licensee is willing to pay for it indicates that it has property value. Ideas are commonly licensed in the toy and entertainment industry.
You're not licensing your patent, you're licensing your rights. If you make the deal and the patent doesn't issue, that shouldn't affect your arrangement unless the agreement specifically states that the license is contingent upon acquiring patent rights. For example, many license agreements set two standards of royalties: one if the patent issues; one if it doesn't. Because the licensee isn't interested in the patent, you shouldn't have language penalizing you if it doesn't get issued.
Yes, you can get sued if you infringe someone else's patent. Unless the manufacturer is willing to indemnify you (very rare), you can be sued for infringement. Usually, it's the other way around. The manufacturer wants you to indemnify them. Please read the section on Warranties and Indemnities in Chapter 12. If you must indemnify, we describe a system based on an incoming royalty fund in the book. See if you can get the licensee to accept that so you won't risk out-of-pocket payments.
P.S. We just redesigned a patent site that may provide some help for you.

Fallon Cush - Fallon Cush

2011-12-02T04:21:00.000-08:00

Fallon Cush - Fallon Cush

2011, Fallon Cush

Fallon Cush was born almost inspite of front man Steve Smith's stubborn individualism. Smith, a twenty-plusyear veteran of the Australian Indie scene, went into the studio to record witha group of long-time friends and collaborators including Scott Alpin (keys);Josh Schubeth (drums); Bill Gibson (bass); Matt Galvin (guitar) and BertThompson (drums). The songs had never been heard before; really just roughoutlines of melody, lyrics and guitar. What started out as a recording sessionturned into a Kafka-esque transformation, and before long a new band, FallonCush, was born. Smith has long had an almost preternatural fear of bands,stepping away from Catherine Wheel before they could sign with a major label ashe feared they had reached their creative peak. But even Smith knows betterthan to walk away from the siren song of The Muse. The band's debut album, alsocalled Fallon Cush, was released this summer.

One of the advantages of thecreative process used by Fallon Cush is the loose, organic sound that oftenresults. Fallon Cush captures this aura in a catchy Americana-style medium,evident from the opening notes of the first track, "Tiny Town". Thesong has a solid, commercial sound with distinctive pop sensibility and akiller chorus. "The Trouble With A Moonlit Night" features plussongwriting and an affably informal style. The melody here drives the song,with sonically appealing rough edges ala early Badfinger or Beatles recordings.Fallon Cush impresses with the simple force of songs such as "Kiss YouAwake" and "Disintegrate", and the sweet melodies of"Sleeping Giant" and "Dog Day Afternoon". Perhaps thehighlight of the album is "The Great Divide", a catchy, messy andloose tune that's as close to a live-to-tape experience as you'll find. FallonCrush closes with the solid sensibility of "Postcard", a perfectbookend for an experience that might be fleeting but will last in memory.

Fallon Cush may not stand the testof time. There's no telling when Steve Smith might pull the plug, as he wouldconsider it dishonorable to continue any band beyond its creative peak. Butthere's a sort of low-level magic that thrums through the songs on FallonCush. Even in its quieter moments, Fallon Cush is filled with acreative energy and drive that's palpable. Smith's willingness to surrender thedevelopment of the songs on Fallon Cush to a group creative process hasraised his art a notch, while retaining the individualism he so fiercelyprides. By all accounts, Fallon Cush is an artistic success.

Rating: 3 Stars (Out of 5)

Learn more about Fallon Cush at www.falloncush.com or www.myspace.com/falloncush. Fallon Cush is available as a CD or Download from CDBaby.

Say Yes...

2011-12-02T00:00:00.000-08:00

...to wintertime.

Yes to the NYTimes Life Report.

Yes to wearing a sweater and no pants when you're home alone...

...à la Carrie Bradshaw.

Yes to chocolate-covered Oreos.

Yes to a heartwarming story.

YES.

[photo cred here and there]

Can We Paraphrase Three Paragraphs?

2011-12-01T06:00:00.000-08:00

Dear Rich: What is the rule on paraphrasing. I was told that it's okay to paraphrase articles from the web at our site if (1) the original work has been posted for more than a year and (2) only three paragraphs are paraphrased. I can't find anything about this rule on the Internet. That's because there is no such rule. The idea that paraphrasing always excuses infringement is one of the more popular copyright myths. We can't tell you the quantity of paraphrasing that's permissible but here are some cases to guide you:
The caselaw. In a 1974 case, a text book publisher took a popular child psychology book and hired a series of freelance writers each to rewrite the chapters of the book so the result was all paraphrasing. The writers were instructed to maintain the same sequencing of topics and weighting of subject material. A court found such massive copying to be an infringement. Another court later stated, “We recognize that even in the absence of closely similar language, courts have found copyright infringement on the basis of “recognizable paraphrases.” The Second Circuit Court of Appeals stated that infringement occurs when “an alleged infringer borrow[s] virtually an entire work and attempts to avoid liability by doing little more than changing the verbatim language or slight details in the structure.” But wait, there's more: Another 1970 case held that extensive paraphrasing amounts to infringement including the rewording of legal agreements, and in 1972, a court would not excuse extensive paraphrasing when the defendant rewrote a book about guitar playing.
Bottom line dept. Courts examine paraphrasing on a case by case basis. Don't assume that changing the words automatically absolves you from liability.

Gregory Douglass - Lucid

2011-12-01T04:33:00.000-08:00

Gregory Douglass - Lucid
2011, Emote Records

Gregory Douglass defines the modernconcept of an Indie artist. The Burlington, Vermont singer/songwriter releasesalbums through his own record label, Emote Records. He's also maximized his fanbase over eight albums, with fans funding some or all of his last five albumsthrough pre-orders and donations. Douglass' 2008 album, Battler,inspired by a particularly dark season of HBO's Six Feet Under, was acollaborative effort. Douglass worked with Righteous Babe Records' AnaisMitchell and singer extraordinaire Grace Potter to craft an album that resultedin universal acclaim. The album spawned a video for "Hang Around"that charted for six consecutive months on LOGO TV's Click List Top 10Video Countdown, and appearances with artists such as Jason Mraz, ReginaSpektor, Margaret Cho and Melissa Ferrick. Gregory Douglass' latest album, Lucid,is a much more personal affair. Long a fan of dream interpretation, Douglassdecided to put his dreams to music. But this time out Douglas worked with AbletonLive, creating electronic layers and depth around his compositions,resulting in his most sonically ambitious work to date.

Lucid opens with "The Night", a dark, dream-likesoliloquy that plays like a lullaby for those who cannot rest. It's anintriguing start, simultaneously soothing and subtly disturbing."Lucid" is a solid album track. This is the first time Douglassreally digs into his more electronic sound, and the song is compelling for thechoices he makes as he layers sound upon sound. Like most first steps, the songhas some rough edges, but Douglass' distinctive ear wins out in the end."White Out" blends soul, electro and rock in compelling fashion,although there is an overly recursive nature to the tune that asserts itself.

Douglass strips things down a bitfor "Naysayer", building on a simple arrangement in subtle fashion.This is the most sonically compelling piece on the album. Listeners will sitand wait for the big breakout that never comes, but Douglas continues to buildin small, almost imperceptible detail, fulfilling the social contract of thesong but always leaving you wanting a bit more. It's brilliant. Lucidfalls into a bit of a rut in the middle, recovering on the intriguingmelody of "Raven”. Douglass creates tremendous movement in the melodyline, buttressing it with the dark timbres and shading of the starkarrangement. This musical climax winds down slowly through two additionaltracks, "One True Thing" and "From Now On", both musicalaperitifs that slowly draw the album to a close.

Gregory Douglass brings hisintriguing voice to bear against the stark backdrop of dreams on Lucid.The result is downright compelling at times. Douglass creates musical intriguewith a newfound love of electronic layering, but this is a double-edged swordat times, as it also fills in the nuance of his songwriting at times, levelingthe sonic landscape and creating a sense of continuity that is, at timesoppressive. Like many experiments, Lucid has its moments of grandeur andglitz, as well as moments soon forgotten, but the album marks the continuedevolution of Douglass as an artist. There's little doubt that Douglass learnedas much from this project as listeners will from listening, and will continueto build on those lessons as he moves forward. For now, Lucid, remains acompelling experiment from a prodigious artist; one very much worth exploring.

Rating: 3.5 Stars (Out of 5)

Learn more about Gregory Douglass atwww.gregorydouglass.com or www.myspace.com/gregorydouglass.

The Fine Print

2011-12-01T00:00:00.000-08:00

Do you have time to read the paper in the morning? I subscribe to NYTimes.com, but it's not until the evening that I have a spare moment to pore over the articles. Therefore, I'm oh-so-pleased to see this Little Printer. Created by BERG, it allows you to curate content from sources such as The Guardian and Twitter to create your own miniature, receipt-sized newspaper. Plus, when it's not in use, it doubles as a tiny, quirky tsotchke. But my favorite part, as someone who works for a magazine and majored in English Literature, is the paper component. I see screens so often that sometimes, my dreams appear in a computer monitor in my head. I'm so pleased to see paper that I can fold, scribble on, and tuck in my purse at the forefront of this concept.

My ideal pint-size paper would most likely consist of a game of Sudoku, a photo of my friends or family from one of my Facebook albums, and a headline each from the business, fashion, and health sections.

What would your personalized newspaper include? Wouldn't this make a fantastic stocking stuffer?

[photo cred to Fast Company]

Family Named Business Can't Always Use Family Name

2011-11-30T06:00:00.000-08:00

Dear Rich: Our family has had a restaurant business since 2003 and recently we got a letter from a large chain asking us to change it because their lawyers say it is too similar to the chain's trademark. I don't know how they found out about us. We're a pretty small operation. Can they really make us change our restaurant's name? We're sorry to report that -- depending on the circumstances -- you may have to change your name. We've written an article on the subject of family names as trademarks so check that out, first. Assuming the chain has been using the name longer than you have, the wisest course is for you to hire a business lawyer to determine your response.
P.S. Speaking of restaurants, here's an adventurous desert we recently ordered at our local seafood shack -- Chocolate ganache wrapped in filo topped off with peanut butter sauce and hot fudge. It was great!

The 23 String Band - Catch 23

2011-11-30T04:12:00.000-08:00

The 23 String Band - Catch 23
2011, The 23 String Band

Eastern Kentucky is the home base ofThe 23 String Band, an acoustic quintet consisting of Chris Shouse (guitar,lead vocals); Curtis Wilson (banjo, vocals); David Howard (mandolin, vocals);Scott Moore (fiddle, vocals) and T. Martin Stam (bass, vocals). In spite oftheir acoustic approach, the band brings electric energy to modern songs withtraditional bluegrass stylings. A live set from The 23 String Band could easilyfollow a traditional bluegrass tune with a Beastie Boys cover; theunpredictable nature of the band has earned them a significant following in ashort time. And their "original hillbilly music" has earned them therespect of bluegrass fans both modern and traditional. The band released Catch23 earlier this year. The only surprise here is that they haven't receivedwider acclaim.

Catch 23 opens with "Fat Frankie", the frenetic tale of asmall time drug dealer. The dark and urgent modern bluegrass arrangement iscompelling, and The 23 String Band has created a classic story song. The violinwork of Scott Moore is particularly amazing. "Long Hot Summer Days"features solid, deliberate pick work. Shouse gets soulful on the lead vocal,and there's a distinct blues feel blended into the bluegrass arrangement."Catch 23" is a dynamic instrumental that breaks out into a jazzifiedbreakdown. Once again, fiddler Scott Moore is a standout. The band is forwardand fun on "Leave Everything To Me", an amusing little love song witha memorable melody.

"Listen To Her Heart" is asoliloquy sung to a romantic interloper; an attempt to hold on to the one heloves. The arrangement here is pure gold, with tremendous instrumentalinterplay and absolutely gorgeous vocal harmonies intertwining throughout. The23 String Band goes old school on "Bees Knees", getting back to deepbluegrass roots so completely you'll think you're in a time warp. "HeyPretty Mama" is a tongue-in-cheek come-on song that's fun andentertaining. It's followed by the vibrant instrumental clinic of "DeerTick". It's the barrelhouse for "Raleigh & Spencer", aprohibition era fiddle tune that's relentlessly entertaining. The band getsreal props for their original read on "Cripple Creek", in a renditionthat's vaguely reminiscent of the Grateful Dead's version, but has a more lyricfeel.

The 23 String Band are a marketer'sdream. Riding the high energy of youth, this finely tuned musical machineapproaches traditional bluegrass with great reverence, but can also kick outthe jams and update their sound to the minute. With the rise of Americana musicas an over-arching pop form, it's a matter of time before a band from its ranksbreaks out into pop-culture stardom. That band could easily be The 23 StringBand, and Catch 23 could be just the vehicle to take them there.

Rating: 4.5 Stars (Out of 5)

Learn more about The 23 String Bandat www.the23stringband.com or www.facebook.com/the23stringband.

'Tis the Season

2011-11-30T00:00:00.000-08:00

Unforeseen perks about living in New York City during the holidays: passing by Christmas tree stands, which virtually appeared overnight. There seems to be one every two or so blocks, and when I walk by, I'm smacked in the face with the warm, refreshing scent of fir trees. I'm that girl who stops and buries her face in the lush needles. Are you surprised? Not at all? Is that a compliment? No? Plus, at night, there are strands of bobbing lights criss-crossed over them. It's like a Christmas fairy just decided to do something about the smell of trash sitting on First Avenue.

When my family opted to buy an enormous (and fake) 12-foot tree, I insisted on getting my own real miniature tree. I just love the fragrance: inviting, a little sharp, and cozy. I get that needles make a mess and dry trees make for an unpleasant fire hazard, but I think that that's worth it. (Although I'd probably take a different stance if I, say, accidentally burned down my building). (Knock on wood). (Pun unintended but so awesome that I'm going to allow it). Real or faux, which do you prefer?

[photo cred here]

Pets: Saki

2011-11-29T08:53:00.000-08:00

last week, our puppy was confined with Parvo :(
it was heartbreaking, knowing that 50/50 of puppies survive from the virus.

(first day at home)

i wasn't able to work for days... and i'm not even a dog person, but seeing this helpless creature from hyper to motionless led me to crying :(
so with tears in my eyes, i asked my dad to bring him (at 1am) to a pet hospital.

good thing there's Vets in Practice in Mandaluyong, which my cousin recommended, since all their pets go to the same place.

I just called the clinic earlier, and visited him after being confined for 5 days, he has recovered! :)
and i can bring him home tomorrow!

(here he is after days of being confined - now needle free! :)

i'm just thankful for God for helping this poor pup live a more meaningful, longer life :)
and again, i'm so thankful for all the doctors and nurses at Vets in Practice :)

now i can't help but look around for nice beds to design for him,
just in case im no longer busy :)

contemporary pet accessories design by Unicahome

Kenneth Cobonpue inspired bed... why not :)

spaces design by atlanta interior designer decordemon

DIY luggage bed :)
xoxo

Wants to Quote Movie Dialogue in Novel

2011-11-29T06:00:00.000-08:00

Dear Rich: I don't see anything in your Getting Permission book on getting permission to quote dialog from films. I assume that the process is similar to getting permission to quote song lyrics, but it would be better if you covered this in detail. I want to quote with attribution some movie dialog in a novel I am writing. Any suggestions? Speaking of film dialogue, we were surprised recently when reading the French classic Pere Goriot to find a line about someone "making him an offer that he cannot refuse." Did Balzac travel to the 20th Century, watch the Godfather, return to the past and copy the movie dialogue for his novel? We guess we'll never know.
Right, you had a question. The rules for using film dialogue in a novel are the same as for all text uses (explained in Chapter 2 of the book). As you're probably aware, there is no fixed amount of words that you can use without permission, although some uses are so minimal as to be considered de minimis (scroll down). The difference with using film dialogue is that it's often difficult to figure who owns the rights and even harder to get permission for the use.
Why is it difficult to get permission for movie dialogue? Generally the studio (or a producer) owns all rights to the movie including the dialogue. But in some cases, screenwriters may retain rights. In other cases, if the movie were based upon a book, the author may retain certain rights. That's the challenge when using one layer from a multi-layered work -- determining who has the right to grant permission. Even if a studio does own the rights to the dialogue, you still have the practical problem of finding the person authorized to grant permission (and convincing that person not to hang up on you).
What's a novelist to do? If you're publishing the book yourself, you're probably less at risk because you won't be indemnifying against infringement. Publishers get uptight about stuff like that and insist on some security in the form of warranties and indemnity. On the other hand, a publisher may be able to assist you with getting rights and permissions from a studio. If you're on your own and you're still concerned about getting chased, consider whether you can make a realistic fair use claim. That is, can you demonstrate that your use of the dialog is transformative -- for example, Woody Allen's use of dialogue from Casablanca in Play It Again, Sam, was transformative (though Allen likely acquired permission for that and the film clips).
Speaking of great movie dialogue ... we're partial to Things Change (Don Ameche's swan song). It's got dialogue -- written by David Mamet and Shel Silverstein -- with some serious staying power.

For the Love of Leopard

2011-11-29T00:00:00.000-08:00

On any given day, I walk at least 44 blocks to and from work. It's actually a fantastic commute—I just stroll down First Ave, under the 59th St Bridge, and cut over to Third. I think it's very good for my temper that I don't try to squeeze into a rush-hour 6 train, but the havoc that my walk wreaks on my feet? Not so much. Pumps are out of the question, and I'll only wear wedges when I'm desperate. (I keep a pair of each under my desk). (Obviously).

I'm crushing on a good pair of flats that, comfort and endurance aside, will make an easy transition to the office. My Bensimon sneakers won't cut it (cute as they are) and my satin Marc by Marc boat shoes are already really pissed that I let them near the gritty sidewalks of Chicago. These Madewell leopard print skimmers ($118; Click to Buy) are perfect. I love the pointed toe and the honest-to-God calf hair. Bonus: they're neutral enough to match almost everything, but still add a playful touch. And it's at moments like this that I regret memorizing my credit card number. But are they worth it? Absolutely.

[photo cred to Atlantic Pacific blog, top, and here]

Is My Publisher a Piracy-Denier?

2011-11-28T06:00:00.000-08:00

Dear Rich: I am a writer and my publisher recently sent out an email telling authors not to worry about illegal downloads. It makes me mad to see how easy it is to obtain free copies of my book. How do I tell whether piracy affects book sales? Gee, this is a tough one to answer for a few reasons: (1) Our bodies are still clogged with post-Thanksgiving metabolism-slowing leftovers. (2) Our books have been pirated so we may be too close to the issue to provide a balanced response. (3) When talking about piracy we're never sure which statistics to trust. (4) More importantly, we're not sure whether the statistics even exist currently to answer your question. In general, we don't think anyone really knows the answer, but here are some things to consider:

Using the music industry as a paradigm. One theory about illegal downloads is that the people who download them would not have bought the product in the first place. In other words, no sales are lost. Using that line of thinking, the 95% of international music fans who downloaded an illegal copy of the latest Katy Perry album would never have purchased it. Hmm. Even if that number is inflated by the music industry, it's hard to believe all these Katy Perry fans wouldn't pay for her recordings. Even a small conversion rate would double Katy's sales. Of course, book readers and music lovers are different types of consumers (like they say, we don't need to carry a copy of every book we like in our pocket) so analogizing to the music business may not be proper. But it's also possible that the book industry has not yet reached the same digital precipice (from which the music biz has already fallen).

Does DRM have an effect? Digital rights management (DRMs) built into all eBook readers probably doesn't have too much effect on piracy (and nor will SOPA, if passed). The train has left the station, so to speak.

What about surging eBook sales? It's true that eBook sales are rising dramatically. But that's a measurement of the popularity of iPad and Kindles and only partially counterbalances the disappearing physical book (and physical bookstores). As digital devices become the choice du jour for readers, piracy will probably have an increasing impact on eBooks (just as the popularity of MP3 players triggered the end for the music biz). More importantly, even if not directly, unauthorized digital downloads will be one of the indirect forces causing legitimate revenue to diminish (see below).

Where is the book industry headed? The content business is heading away not just from physical products, but from downloads too (both legal and illegal). The new model is to replace individual purchases with subscription/streaming services as exemplified by Spotify, Netflix, and Rdio. Of course, there will still be print books, but for the most part, consumers won't possess individual units of content; they will subscribe to a service that provides a content library. No doubt Amazon and Google will eventually drag us to library subscription models for books (though there are still piracy problems with that as well). But in any case, we may be headed for a world where all downloads, not just illegal downloads are irrelevant when offered a fulltime streaming/subscription model.

Check's in the mail dept. Alas, all of this digital transition doesn't bode well for author revenues (musicians, take a look at a Spotify accounting statement to see the diminishing profit margin). And that's why, as authors, we admire piracy-deniers like your publisher. We may not know for sure what those diminishing royalty checks mean, but denying that the end is coming allows us to still have a nice day!

Can Photographer Control Photos From Fashion Shoot?

2011-11-25T06:00:00.000-08:00

Dear Sir/Madam: I am a freelance photographer and I am also working on an upcoming online fashion magazine. Recently I organized a photo shoot with a few models I have founded via Internet and a designer who agreed for the models to wear his clothes for the photo shoot purposes. The designer refurbishes and sells branded clothes. Everyone agreed to the photo shoot on these terms:

Everyone gets the photos for their own usage
I will use the pictures however I want, and also the ones I choose will be featured in the online magazine
No fees charged on anyone including models, designer and myself

It's a verbal agreement with everyone and not written. It may not have any value in the eyes of law. Now however the designer (the person who allowed us to use his clothes for the shoot) is giving me trouble setting me deadlines and choosing the pictures I can use for the magazine or anywhere else. I want to use the photos that I want to use, the way I want to use them and whenever I want to. He claims it would be illegal if I used the photos anywhere without his permission and supervision. He hasn't got any photos from me yet so he can't use any either for his own purposes. I would like to know whether I am allowed to use the photos that I took that day, the way I want to and without any restrictions. Or would I have to at least mention his name or his shop's name? We haven’t signed any copyright releases etc. Also would I need to get the models release if I want to upload the pictures? I would like to add that the photos will be used for editorial purposes only and non-commercial. We're back with the "Dear Sir/Madam" that starts your letter. What prompted your uncertainty as to gender? Can Rich be used as a woman's name? There is a female equivalent for Richard -- Richelle (and we were excited to see that a Richard and a Richelle recently married). But we're not clear whether a woman writing this column would be addressed as Dear Richelle, or Dear Rich (or perhaps the more endearing Dear Richie). As a further digression, our research unearthed some surprising data regarding the number of serial killers named Richard.*
Right, you had a question. Unless there is a written document evidencing copyright transfer, you, as photographer own copyright in the photos. You control the reproduction and distribution and you're free to choose and reproduce the photos you want for your magazine. If the verbal agreement is enforceable -- that depends whether there is sufficient evidence to prove the terms and conditions -- you would have to abide by those terms, as well. Even if the verbal agreement is valid, it doesn't preclude you from doing what you want -- choosing the photos you wish to use in the magazine. (And you would be obligated to provide copies of the photos to the other parties.)
Do you need to mention the designer? We're not sure why you have to mention the designer or the designer's store, unless you're contractually bound to do so. The designer has no copyright in clothing design unless he's stitched in some unique artwork--for example, he's added intricate needlepoints. In any case, it might be a nice professional touch to credit the designer as fashion readers expect that information.
What about model releases? Releases are needed to head off two types of problems: invasion of privacy (you may be invading the model's privacy, for example, by showing her partially nude); or violation of the right of publicity (you're using the model's image to sell something). Typically, editorial non-commercial uses wouldn't trigger the right of publicity but with Google AdSense and similar Internet schemes, it's difficult these days to tell sometimes whether an image is being used for commercial exploitation.

*Serial killers named Richard: Richard Angelo - The Angel of Death, Richard Biegenwald - The Thrill Killer, Richard Chase - The Vampire of Sacramento, Richard Cottingham - The Torso Killer, Richard Macek - The Mad Biter, Richard Ramirez - The Night Stalker (and speaking of notorious killers, there's also Richard Loeb (of Leopold and Loeb infamy).

Coffee and a Thought

2011-11-23T02:00:00.001-08:00

I have been terrible about keeping up with blogging. I used to wake up with hours to spare, which I would then spend reading my favorite blogs and updating my own. Now, I wake up to a strict schedule. I'm too anxious to waver from it—between events and working at the office and finding time for the gym and walking everywhere in between, one misstep can throw off an entire day.

But I've realized that I make time for things I find important: a weekly hour of speaking French, boxing classes, going home a few times a month. So why does blogging get the short shrift? I have no idea, but I'm going to change that. If my blog were a kitten, the ASPCA would be hunting me down right now. I love blogging. I love to write about things other than holiday hair styles or the best fashion picks for the season (although I really enjoy that too).

So, in conclusion, I am back and less crazed. Stay tuned for a concerted effort and, in the meantime, here's a shopping list I put together for you.

[photo cred here]

Yael Meyer - Everything Will Be Alright

2011-11-23T02:00:00.000-08:00

Yael Meyer - Everything Will Be Alright
2011, KLI Records

Santiago de Chile native Yael Meyer was drawn to music at a young age. She began studying at a classical conservatory at the age of 5, and at 18, Meyer set her sights on Boston and the Berklee College of Music. Unlike to many of her contemporaries, Meyer has always seemed to understand that the space between the notes is as important to melody and composition as the notes themselves. Meyer writes songs blending a level of complexity and subtle finesse that’s rare in modern music. Meyer recently released Everything Will Be Alight, a sometimes brilliant collection of brilliantly understated songs.

Everything Will Be Alright is as optimistic as its name. Yael Meyer has a sweet and light quality to her voice that makes it difficult not to play along. Kicking things off with "Fire", Meyer strikes a catchy, simple pop pose. It's a solid start, catchy but subtly so. "Backbone" is a love song sung with the cadence and feel of a lullaby. The all-electronic arrangement casts an ethereal cloud on which Meyer's voice simply floats, the perfect fit for the moment. "Used To Be" is a catchy and upbeat song about change and regret. The tempo and energy suggest bright intentions, but there's a quiet melancholy laced through the song that can catch you by surprise. Meyer keeps the vibe going with the soul-searcher "I Wonder How". Exploring her own inability to give her heart completely, Meyer grabs a particularly vulnerable moment, steeped in gentle neurosis, that's remarkably sweet and real.

"I Wonder How" marks the album's apex. The rest of the way it's slow and steady pop for Meyer. Songs that are pleasing in a background-music fashion but don't really grab your attention. It's as if Meyer wrote two EPs: a 5-song number with some very solid songwriting and endearing performances, and a 6-song albumette with gentle story songs that would probably play better in a house-concert or coffee shop than in the studio.

Yael Meyer spends much of Everything Will Be Alright exploring self-doubt and dysfunction as it pertains to love and relationships. Featuring supple, and occasionally overly-subtle songwriting, Meyer makes a quiet mark on each listener. At her best, Meyer's almost-shy presence is quietly engaging. Other times she fades into the background like an eternal wall-flower. There is power in this approach, but Meyer front-loads the best material on Everything Will Be Alright, giving listeners an all-or-nothing experience rather than the gentle up-and-down that so mirrors life. So if the album misses the mark, it's more a matter of song ordering than of songwriting or performance. Meyer has the fundamentals in place, and seems to know her sound and limitations well. This is a very good effort that's mildly flawed by decision making, but not fatally wounded.

Rating: 3 Stars (Out of 5)

Learn more about Yael Meyer at www.yaelmeyermusic.com or www.myspace.com/yaelmeyer.

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What is SOPA and Should I Care?

2011-11-22T06:00:00.000-08:00

Dear Rich: The web's buzzin about SOPA. Are you going to do a post about it? What's your opinion? The Stop Online Piracy Act (SOPA) comprises two distinct pieces of legislation (one awaiting a vote in the House and the other already passed in the Senate) that will need to be conformed. The legislation would enable the Department of Justice (or private parties) to "blockade" pirate sites outside U.S. jurisdiction by cutting them off from search engine results and AdSense revenue, among other things. The legislation has triggered a battle between content providers -- frustrated that they can't shut down rogue pirate movie, software, ebook, and music sites outside U.S. jurisdiction -- and content aggregators who are concerned that the broad language in the legislation would remove the safe harbors of the DMCA and make non-pirate sites (such as Yahoo, Flickr and Scribd) liable for infringement. Opponents are also concerned that SOPA will diminish investment, cause revenue losses, create unnecessary legal expenses, and send jobs overseas. (Similar arguments were made in the battle over "patent reform"). As with the DMCA, those who pursue infringers based on misrepresentations are liable for damages and attorney fees.
Will it pass? Surprisingly, for a Congress that can't seem to get traction on crucial national issues, the SOPA legislation has remarkable cross-party support and is expected to pass the House. The president is reportedly in favor of the legislation while vice-president Biden appears to be opposed. Among those legislators lined up against SOPA are Darrell Issa, Ron Paul, and Nancy Pelosi. (Copyright battles make for strange bedfellows -- remember when Justices Blackmun, Marshall, Powell, and Rehnquist united in their Betamax dissent?)
Cutting off AdSense. Do you wonder why SOPA includes a provision cutting off ad revenue from pirate sites? That's because ad revenue is often the only source of income for the folks who post illegal content. Think about it. How else can they earn money if they're giving away stuff for free?
What's our opinion? Although we are concerned about government injustice and intellectual property (check out this example of stifling innovation), our mission at Dear Rich HQ is to provide practical information that helps readers solve problems. So, we discourage the staff from presenting opinions. Other reasons why we don't have an opinion include:

it takes time to come up with a logical well-thought out opinion and we're already pretty busy.
in terms of human evolution, we're convinced our opinion doesn't matter
also, we're tired of everybody else's opinions (like they say, if I wanted your opinion, I'd give it you.)

What do we have an opinion about? We think Terrence Malick's Tree of Life would have been better without all that dinosaur stuff (although others differ).

Romance in Retrospect

2011-11-22T02:30:00.000-08:00

“They say that each generation thinks it invented love. But from what I can see, my generation seems to fear we’ve forgotten it.” — NYT

Do you go on dates? Or did you? My mom had a boyfriend named Pete; he wore socks with sandals. My dad won't even wear sandals, so it's clear that this wasn't meant to be. Pete happened either before or after she dated Bernie, who, she recalls, was actually attractive. There were dates, which included dinner and movies and dancing. Then my grandfather pulled up in a silver station wagon and whisked her home. There were no preliminary text messages or gin and tonics involved, so I obviously don't relate. (Just kidding). (Kind of).

A new NYTimes essay describes the difference between the perception of love in that generation and that of ours. In high school, instead of shyly passing notes, I printed out AIM conversations. I locked text messages in my phone so that I couldn't accidentally delete them. The saved messages on my phone include voicemails from three different boyfriends. Communication and the consequential intimacy occur so fast that the gradual, step-by-step romance of the past is all but extinct.

The organic chemistry classes at Northwestern were designed to weed out those who weren't dedicated to pre-med. (I'm Exhibit A). Maybe the dates—the coffee, the drinks, the dinner, the goodnight kiss before two people go their separate ways—are a way to weed out the boys who aren't worth it, the guys who don't deserve the goodnight kiss, the preserved conversations that you'll pore over years later, the intact text messages and voicemails. It's a slower and steadier way of developing a relationship, but don't good things come to those who wait? What are your thoughts?

[photo cred here]

The Good Intentions - Someone Else's Time

2011-11-22T02:00:00.000-08:00

The Good Intentions - Someone Else'sTime

2011, Boronda Records

Liverpool trio The Good Intentionsare born of the blend of folk, Americana and bluegrass. Husband and wife teamR. Peter Davies and Gabrielle Monk are joined by longtime friend FrancescoRoskell, blending their instruments and voices with the help of friends fromboth Nashville and Los Angeles on their latest album, Someone Else's Time.

The album is a solid, lovely listenfrom start to finish. The interplay of instruments and voices on Someone Else's Time is truly worth tuning in for, yet the album is so subtlycrafted and well-blended that those who do not listen carefully will let itpass as pleasant background and nothing more. Opening with melancholy"Gone So Long", The Good Intentions paint subtle pictures with abroad musical brush. This approach continues unabated throughout the album.It's difficult to point out true highlights on the album, as the sound,approach and quality are utterly consistent throughout. The swaying feel of"Everybody Loves A Drinking Man" is notable, but otherwise you need toreally dig into the consistently excellent musicianship and gloriously blendedvoices of The Good Intentions.

Well-written, well-played andsonically appealing, Someone Else's Time actually suffers from its ownconsistency. This is the perfect example of an album that is excellent in allaspects, but likely to be passed over by most listeners because it is what itis very quietly. If you have the time to spare to repeated careful listens, SomeoneElse's Time will bear significant rewards. Unfortunately the utter lack offlash, or even the up and down banter of The Good Intentions live performances,likely doom a really fine album to relative anonymity. And that's a shame.

Rating: 4 Stars (Out of 5)

Learn more about The Good Intentionsat www.thegoodintentions.co.ukor www.myspace.com/thegoodintentionsmyspace.

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Please note that the Amazon.com prices listed above are as of the posting date, and may have changed. Wildy's World is not responsible for price changes instituted by Amazon.com.

Graduation. PSID. InteriorDesign

2011-11-21T09:09:00.000-08:00

so Graduation officially marked my end with school-ing (again) lol, because this (Interior Design) is actually my 2nd course after college :) which took me two and half years of *&^#^%$#^%$^%t! ~~stress~~ challenge! but its alright, nothing's easy. and i'm soo happy i'm finally done and over with it for now *cheers*

and sure, i do enjoy taking this course (sometimes), but i didn't expect that i would be receiving Honors too. it was really a good surprise :)

HARD WORK PAID OFF :)

Our booth bagged First Place, Alumni's Choice and Third Place, Faculty & Overall Best Booth Design.

i feel so blessed :)

Can We Sell Irish Street Art

2011-11-21T06:00:00.000-08:00

Dear Rich: The attached photo was taken in Dublin Ireland. Someone had added a little graffiti and the overall look was pretty cool so we took some photos. It was out on the street, no trespassing involved here. I’m wondering if we would be in the clear to publish a series of these photos to sell as open edition print reproductions? We agree; this is some pretty cool street art. As we've discussed before, art (unlike architecture) that's publicly viewable from the street is protected by the same copyright rules as art that is hanging within a museum. The only exception is that there might be a tendency for judges to be more liberal applying fair use rules. For example, reproduction of this image as one element in a Dublin street scene would probably be fine. But featuring the photo and selling individual prints would likely violate the artist's copyright (we assume the graffiti is not by the same artist and in any case, it is not protectible). We're not experts on Irish copyright law but from what we've read, it seems as if the same basic rules apply in Ireland as in the U.S. (We're also not sure whether the copyright holder is Irish (as Dublin attracts foreign street artists). But in any case, most countries including the U.S. are treaty partners meaning that foreign copyright holders can claim certain rights in the U.S. For all these reasons, resale of this artwork could make you an easy target for an infringement claim.

Fair Isle Femme

2011-11-21T03:00:00.000-08:00

Remember this sweater (on the left) from Stella McCartney's Fall 2007 collection? I do. Because I loved it, saw a girl wearing it in the university library, and promptly fell out of my chair. I've since recovered, but that doesn't mean I've stopped loving the look of quirky and oh-so-cozy Fair Isle.

My favorite part: the absence of rainbow hues means that Fair Isle can double as a versatile neutral. How genius is that? You could pair them with jeans and boots for a low-key outfit or jazz them up with a pair of brightly colored jeans. (The grey would be perfect with red, and for the pale beige on the right? Navy all the way). Steal the Joie sweater for a fraction of the Stella McCartney cost. No offense, Stella, but my wallet needs a hug.

[photo cred to style.com]

Laura DiStasi - Laura DiStasi [EP]

2011-11-21T02:00:00.000-08:00

Laura DiStasi - Laura DiStasi [EP]
2011, Laura DiStasi

Laura DiStasi is a songwriter ofsubstance; the sort who makes an impression that stays with you long term. Born of southern New Jersey and now callingNew York City home, DiStasi captures the urban landscape in song, both in the hardshipof a granite city and the loneliness of the many walls. Her third EP, Laura DiStasi, digs at the wounds of a life spent living so closeto so many and yet so far away, ultimately closing on a moment of beauty withinthe madness.

DiStasi opens with "Colors AndShapes", an intriguing comparison between anonymity in a large city and ina relationship. It's all about getting lost in something that distracts youfrom what you want or need to do. DiStasi shows a distinctive lyrical subtletymarried to a solid, melancholy pop arrangement. "Humming Along" is arun-on rumination on a relationship in a rut. DiStasi shares this internaldialogue in song, displaying conflicting senses of frustration and desire. Thelush, folk/pop setting is the ideal complement. "Go On" is meanderingand melancholy, a reproach of a partner who simply won't commit. DiStasi cyclesthrough disenchantment, monotony, realization that things won't change, andultimately separation. The incessant nature of the song overmatches the messagehowever, as pacing and intentions struggle to match one another. DiStasi closeswith "Covered In Snow", a musical water-color exploring the illusionof rebirth at the first snowfall of the year. DiStasi celebrates the sense thatthings might be better, even while not letting go of the reality of before.

Laura DiStasi proves to be the realdeal on her self-titled, debut EP. With a gorgeous, dulcet voice, and a lyricalrefinement that's both intelligent and elegant, DiStasi crafts highly personalstories that are colorful and universally accessible. DiStasi does struggle abit with the pacing on one track, but otherwise delivers consistentlywell-written songs, and performances full of presence and personality. Get toknow Laura DiStasi. You're going to be hearing a lot more from her.

Rating: 4 Stars (Out of 5)

Learn more about Laura DiStasi at www.lauradistasi.com or www.myspace.com/lauradistasi.

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Alpine White - The Hale E.P.

2011-11-20T02:00:00.000-08:00

Alpine White - The Hale EP

2011, Alpine White

San Francisco rock quartet AlpineWhite is born of the road. First generation German immigrants Colin (leadvocals, guitar, piano, drums) and Ian Denker (bass, vocals) formed the core ofAlpine White, and were joined by friends Ivan Wence (guitar, vocals) and JavierBenavides (drums, percussion) in April, 2011. Songwriter Colin Denker strivesto capture feelings in song, nearly eschewing traditional storytelling stylesfor the colors and nuance of emotion. Alpine White's debut EP, The Hale,is clear evidence of this mission.

Alpine White opens with "WhenShe Gets Home", a nice bit of low-key pop/rock songwriting. Ultimatelytuneful and driven with a solid chorus, The Hale EP gets off to asolid start. It does become evident; however, that Alpine White never reallycame to a solid conclusion to the song. The sudden cut-off chosen hear isjarring and essentially destroys the mood of the song. Alpine White strugglesto capture the same energy and panache and the three remaining songs. "TheEvidence", "Days And Nights" and "All The Weight" areunfocused musically, and never really establish premise nor presence.

Alpine White has something, althoughit's hard to define what exactly that is on The Hale EP. Colin Denker'smiddle-of-the-road pop/rock voice is solid and engaging, but doesn't reallystand out in the crowd. Likewise, the musicianship is solid, but never reallysteps out of the safe zone on the four tracks presented here. There is acharisma that runs through The Hale EP, however, that is hard to ignore.It will keep you engage in spite of a sound that reflects a band that's stilltrying to figure out who they are. It's much too early to define Alpine White,and honestly, it was probably a bit early for an EP. A little time on the roadtogether to let the dynamic of the full band set in would season the sound andapproach. It will be interesting to see what Alpine White puts out next.

Rating: 2 Stars (Out of 5)

Learn more about Alpine White at www.alpinewhiteband.com or www.myspace.com/alpinewhite. Alpine White's website indicated The Hale E.P. will be available on November 1, 2011, but the EP appears to not yet have been released. Keep chcking their website for more information.

Gina Sicilia - Can't Control Myself

2011-11-19T02:00:00.000-08:00

Gina Sicilia - Can't Control Myself
2011, Swingnation Records/Vizztone

Philadelphiasinger/songwriter Gina Sicilia has been making waves in Blues, R&B, rockand country now for four years. The25-year-old has already been nominated for a “Best New Artist Debut” at theBlue Music Awards in Memphis, Tennessee. Sicilia recently released her third album, Can’t Control Myself, showing off her distinctive voice, and ablend of original songs and classic covers.

Sicilia kicks things off with"Addicted", showing off an impressive, deep and smooth alto voice.There's a lot of sound to hang onto here, even if Sicilia sticks to a verycompact range. A more soulful sound works its way into "Crazy Bout YouBaby", and Sicilia works the song through with good energy. There'ssomething missing here, though. Sicilia sounds great, and no one can say shedoesn't put herself into the performance, but for someone whose songs are sosteeped in the blues; you never quite get the sense that Sicilia feels thatfundamental fatalism that underlies the genre. Much the same impression is wonby "Members Only" -- once again Sicilia sounds wonderful, but shedoesn't sell the soul of the song the way she might.

"Before The Night IsThrough" is a great vehicle for Sicilia's voice, and might just be thebest pure vocal performance of the album. "Can't Control Myself"plays in the same territory. Sicilia plays the relentless, heavy cadence of thesong well, although this is perhaps a bit overdone in the end. Listenersfinally get to hear a different dimension of Gina Sicilia on the closing track,"Once In A While". Sicilia opens up voice, showing off some wonderfultimbres in her upper range. The distinctly country feel of the song also is anice change of pace, and fitting for where Sicilia lives musically. This is themost nuanced performance of the album, and bodes well for the future.

Gina Sicilia impresses on Can'tControl Myself. She's got a knockout voice, and a bit more range than youmight think after listening to most of the album. Her more blues and soul basedperformances have an almost academic air at times, seemingly separated from thedeep emotions that underwrite the respective genres, but Sicilia wraps hervoice around you in waves and suddenly it doesn't seem to matter quite so much.The country turn at the end of the album is a great sidebar, and shows off aslice of Sicilia's voice that might be even more intriguing than the big soundshe practices on much of Can't Control Myself. Sicilia has a real futurewith her voice, and while this is a great start, she might have a bit ofsoul-searching to do on her sound. She's definitely one to watch.

Rating: 3 Stars (Out of 5)

Learn more about Gina Sicilia at www.ginasicilia.com or www.myspace.com/ginasicilia.

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Examiner Objects to Facebook Game Trademark

2011-11-18T06:00:00.000-08:00

Dear Rich: I need to register a trademark, which is the title of a videogame that runs on the Facebook platform. The filing was made under IC041 (Entertainment services, namely, providing on-line computer games), but when I sent over a specimen (screenshots of the game featuring the title) I was told that such a game does not constitute a "service", but rather it constitutes "goods" (video game software), thus I should better restart the filing process under IC009 (Computer game software for use on mobile and cellular phones). Am I facing a hardball attorney or are the USPTO guys right and I should restart the process? We agree with the examiner. You would use Class 009 for registering the name for a game. (You would use 041 if you were registering a website that provides the game-related services, or if you were registering the name of the company that makes the game.) The best way to avoid problems in the future is to look up similar goods and see what classes were used for those marks (or check out our book for app developers). Use the basic Trademark Search and type in the name of a video game to see its classes. For example, scroll down to see the classes sought by the Angry Birds folks.
More places to search. To identify the class for your goods, you can also search the USPTO’s Acceptable Identification of Goods and Services Manual. From the Choose Field drop-down list, pick Class, and then type in a description – for example “video game”—into the Enter Search Terms field. The search results will tell you which class is recommended. Another way to figure out which class your product falls into is to check the Trademark Manual of Examining Procedure (TMEP).

Arty Hill And The Long Gone Daddys - Another Lost Highway

2011-11-18T03:45:00.000-08:00

Arty Hill And The Long Gone Daddys -Another Lost Highway
2011, Arty Hill

Arty Hill is well-known insongwriting circles, with songs of his recorded by the likes of Jason & TheScorchers, the Kenny and Amanda Smith Band, Marti Brom and the Sapphires, butHill is a pure performer as well. Drawing crowds from his home base inBaltimore to Austin, Texas, Hill takes honky-tonk country to a new level. Thistranscendence is abundantly clear on the latest effort from Arty Hill And TheLong Gone Daddys, Another Lost Highway.

Another Lost Highway soars, and the reason becomes apparent in the opening track.Hill explores the pure joy of music in "Roll Me A Song", blendingrockabilly, blues and the sort of exuberant pick work usually reserved forbluegrass circles. "Roll Me A Song" isn't just a song, but a missionstatement that describes what is to come. "Mae Dawn" is a love songto a call girl, full of the hope and tragedy that seems like it should becliché but somehow is not. Hill recounts time in detox in "OmahaICU", wrapping a nifty arrangement around a harsh subject painted insubtle undertones. Hill gets back to a love of music on "King Of ThatThing", an ode to a pedal steel man. The six-string guitar work here is sosubtle and refined you'd think that Hill was channeling Chet Atkins.

"Another Lost Highway" isa classic-style country trucker's lament. Hill has constructed a wonderfulmelody here, and a joyously feckless violin dances and fills thecounter-melody. Rock and country blend on "Big Drops Of Trouble",featuring, once again, some seriously notable guitar work. Hill puts onsomething of a clinic here, and the guitar players out there will be dissectingthe song for hours. Hill actively works to nullify heartbreak on "12 Pack Morning",in a classic bit of country pique, before moving into "HalfwayHouse". This is a great tune that bears the essence of Johnny Cash. Anentertaining number, Hill again reminds listener of how good he is with asix-string in his hand.

"Breaking-Up Party" is asolid bit if blue country with a healthy dose of optimism woven inside.

Infidelity is the subject of "Victoria's Secret Is Safe With Me", asolid story song that's perhaps a bit trite, but nonetheless entertaining."Blackwater Wildlife" is a danceable honky-tonk party that breaks outinto fits of raucous rockabilly. You won't be able to get this one out of yourhead. Another Lost Highway closes with "The Last Time I'll Ever GoAway", a sad tale about a travelling man who gains the road but loses hisfamily in the process. When push comes to shove, he realizes that what he'slosing isn't worth what he's gained, and in an unlikely turn in country music,he gets a second chance. This positive lift at the end is perfect closure foran album that turns expectations on their heads.

Arty Hill And The Long Gone Daddyshit new heights on Another Lost Highway. Rather than an apex, however,the album suggests a band continuing to rise. Hill is a masterful songwriterand storyteller, and he is surrounded by first class musicians. Another LostHighway was checked along the way by illness, death of a band member andarguments with Hill's former record label, but you'd never know it from the endproduct. Another Lost Highway is utterly brilliant.

Rating: 5 Stars (Out of 5)

Learn more about Arty Hill at www.artyhill.com.

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Say Yes...

2011-11-17T21:00:00.000-08:00

...to bringing this back. Sorry I got so lazy/busy/lazy.

Yes to Essie in School of Hard Rocks.

Yes to seeing 50/50 (finally!)(have you seen it?).

Yes to warms-you-up, fills-you-up vegetable soup.

Yes to soft slippers...

...and big, comfy throw blankets.

Yes to Friiiday!

[photo cred here]