A Little Matter of Law

As information gets more and more available digitally, it seems that protections granted to creative people are being understood less and less. Entire essays are reproduced under the claims of "fair use" and legally copyrighted films and songs are being sold under the claims of "public domain" just because members of the public have access to the works.

Both of these examples are illegal.

What is public domain?

A previously-copyrighted item (book, film, song, etc.) enters the status of "public domain" either when the copyright period expires or the owner of the copyright forfeits it and allows it to become public domain. Periods of copyright have changed over the years, so one cannot say exactly what rules apply to what property without researching the copyright records of each specific item. Also, the owner can apply for additional periods of copyright protection -- further muddying the waters as to when a property becomes public. (The copyright law changed in 1978, also complicating matters.)

Generally speaking, the standard copyright policy in effect today in America grants protection for a period of 70 years after the death of the creator of that work. So, if I create something today (in 2010) and live for another 50 years, the copyright for that work would expire in 2130 (70 years after my death). If I create something today and live only another 10 years, it would expire in 2090.

What is fair use?

Public domain should not be at all confused with "fair use" which is a segment of copyright law that allows a VERY SMALL excerpt from a work to be reproduced when accompanying something like a critical review or research paper. Many people claim fair use when they reproduce an entire newspaper article, or film. This is not fair use: it is copyright infringement (even if the person properly credits the author and source of the material). It is illegal unless specific permission has been granted by the creator of the work.

So, if you are analyzing a book, and you reprint a sample paragraph of that book to provide your readers a taste of what it has to offer, that is fair use. If, however, you write a song as an "homage" to a songwriter you admire and use virtually all the words or melody of another song as part of your song, that is illegal.

There are many exceptions to the general rules outlined above. If you want further clarification, you should peruse the actual copyright law here.

Books I Am Reading

Am reading this.

Just finished reading this.

"District 9" Goin' for the Gold!

So, just last month I was all excited because one of my favorite dark-horse films of 2009 got a producer's guild nomination. I like all kinds of weird, indie, foreign films that the various academies and guilds, in their collective "wisdom," never see fit enough to nominate for anything. So, just imagine the cartwheels I am doing today when that same film gets four Oscar noms including -- get ready for this -- BEST PICTURE! Sure, it isn't going to win best pic. It should win best adapted screenplay, but even if it doesn't it is a good day for medium-budget, off-the-beaten-path kind of films that give "cinema" a good name.

"Congratulations on Your Marriage"

It was a Sunday in 1980. I had recently moved to San Francisco, and had gone to the cinema with my best friend Steven G. to see the movie "Ordinary People." I am not sure what happened to me while watching that movie, but when it was over I "came out" and told Steven that I was gay. He was cool about it. That was good.

The next day, I arrived at the bank in Berkeley where I had been working nearly a year and greeted all my co-workers with "Good morning. Just to let you know, I'm gay, and if you don't like it, that's your problem, not mine."

Yes, I became a rebel at the age of 20.

Since then, I have never made it a secret that I am gay -- whether at work, with friends, or wherever. I am not militant about it -- I'm not "in your face"; but I also figure it is my life to live and if you have a problem with me being gay that's your issue, not mine.

Sure, I lost friends over this. My mom didn't talk to me for two years after I told my parents -- in an odd turnaround, I thought my dad would freak out and my mom be supportive. It was exactly the opposite.

I met Matt in 1994 and we got married in California in July 2008. We became one of the 18,000 lucky couples whose same-sex marriages were designated by law as still valid after the entire PropH8 mess.

So, we attended a taping of "The Big Bang Theory" on 24 November 2009. That day was a Tuesday, it was the 15th anniversary of the actual day we met (a Tuesday) even though we met on 22 November 1994.

During the taping of the show, there are gaps between scenes when the cast and crew are not filming. To fill those gaps, and keep audience members alert and peppy until the cameras roll again, they have a guy who tells jokes, organizes games, hands out chocolate, etc.

During one of those breaks this guy asked for audience members to step up and tell why they liked "The Big Bang Theory." Of course, being a huge fan of the show, I hopped right up and told the audience I was a fan because it had characters who were people like me (smart and socially outcast). So, we chatted for a while, this guy and me, and he asked me what else was going on.

I mentioned that this day was my 15th anniversary with my spouse, and that we came to the taping as an anniversary present. The audience applauded. The guy asked where my spouse was, and I pointed to Matt and Matt stood up to a round of applause from the audience.

So now I'm thinking: "Here is my chance to put in a plug for the fact we got married," so I said: "We were one of the lucky couples who got married in California last year when it was still legal." As soon as the words left my mouth, I thought: "What kind of reaction is this going to get? They already applauded twice, will they applaud again? Will they be repelled? Will someone throw something at me?"

The audience gave us the biggest round of applause yet, including a few cheers. I was totally floored by the warm and accepting reception.

After the taping, we were talking with a security guard to get directions back to our hotel, because the Warners lot is huge and confusing. A group of five or six young women -- probably college-age (because the minimum age to attend the taping is 18) -- walked by us and one called out "Congratulations again on your marriage. That's just so great!" They were all fresh faced and smiling; and I remembered this group of young women was the source of cheering earlier. I said: "Thank you" and they left.

It was at this point, for the first time, I think, that I understood that gay marriage would one-day become a reality for every same-sex couple who wants it. To have so much genuine and warm support from a group of young people was gratifying and reassuring.

By the way, if you or someone you know is part of a same sex marriage, then visit my other blog site We Are Married Too. We are trying to get every gay and lesbian married couple to add their stories.

Betty White

If anyone deserves a lifetime achievement award it is Betty White -- and not just for her work in film and on television.

Oh, and Tornadoes, Too.

As you can see by the photograph (click to enlarge) Phoenix was under a tornado warning last night during our huge storm. Our house got about 2" of rain (that's a lot for a desert) while other near-by areas got almost 4"!

Yes, They Closed the Airport

I know, I know. The east coast gets blizzards, the south gets hurricanes and the mid-west gets tornadoes. Well, Phoenix gets shit for weather. That's right: shit. Here is the usual weather year in Phoenix: For ten months the weather is: hot today, hot overnight. For six weeks, the weather is: warm today, cool tonight. But, for two wonderful weeks of the year -- right about now, in fact -- the weather forecast includes the word "rain."

So, we're getting three whoppin' ass storms that just left California (number two is hitting today, see image) that our local weather people are characterizing as being of "historic proportions." I know, right? The forecast is that we could get up to six inches of rain today -- just from this second storm. Six inches, big deal. Well, let me remind you that in most years, we get less rain than that during the entire year!

The 60+ mile-per-hour winds accompanying this storm are why they closed Sky Harbor International Airport a couple hours ago. What? Closed the airport? They never close the airport. When was the last time that happened? (26 June 1990, when the temp hit 122 and the airplanes could not take off because their settings did not allow for such a high temp. Seriously.)

Well, here's fingers crossed that our house won't go floating away tonight, or get blown away by the wind!

Glen Bell RIP

Glen Bell (1923 - 2010), founder of my favorite fast food restaurant (pictured).

Books I am Reading

Am reading this.

Just finished reading this.

Goodbye, I Love You

Someday, I would really be interested to find out who started the habit of people ending their telephone conversations with the words "Goodbye, I love you." I mean, I understand why people do it: So they can say, during their tear-filled television interview -- and you have all seen them -- when they explain how their loved one died in that terrible car accident, "And the last words I said to him [or her] were 'I love you.' "

And that is important why?

I am pretty confident it is correct to say, in most cases, the last thing going through the head of that loved one is not "The last thing she [or he] said to me was that she loved me." I think it more likely the last thought would be something along the lines of "SHIT! That SUV with the woman [or man] on the cell phone just ran the red light and is heading right for me!"

I know quite a few people (mostly women, interestingly enough) who are members of the "Goodbye, I love you" club. They are usually the same people continually bad mouthing their husband or boyfriend to me. They take what appears to be an odd pleasure in relating to me how they ended an argument with "Fuck off" as they stormed out of the room. At what point were they thinking, if at all, "The last words I said to him right before he died of a heart attack were 'Fuck off!' "?

Sure, just because they curse their spouses does not suddenly mean they do not love them. But it is also true that just saying the words "I love you" does not suddenly mean you do.

Actions, as everyone knows, speak much louder than words. "Love" is something that you show another person (or an animal). It is not just a word you parrot.

Matt knows I love him because of the thoughtful things I do, or the little stuffed kitty I bring home after work just because I happened to see it and buy it for him, or in how I am supportive of him whenever I speak about him to others (either in his presence or not). I know Matt loves me when he runs to the drug store for something and just happens to return with a Reese's Peanut Butter cup for me because he knows how much I love them, or when he sets up the Wii for me so that don't have to.

Does this mean I never say those words to Matt? No. I save them for those times when the meaning is especially important, and those words really mean what they say.

So, in the long run, while I still think it weird, I guess it doesn't hurt to be a member of the "Goodbye, I love you" club. I just hope the people who strive so hard to always say those words spend an equal or greater amount of energy striving to live them.