When I was just starting out on the copy desk, it fell to me to copy-edit a piece by Nora Ephron titled “Dear Frequent Travelers.” It was a parody of frequent-flier rules, and because it was supposed to be a form letter from an airline, and because corporate writing is famously not beautiful—no extra letters to make the words bouncier—I was hesitant about styling the word “travellers” with the double “l.” I thought the author might object on the ground that “traveler” with just one “l” is more vulgar, better suited to the context. Her fictitious airline would never go to the trouble of making the “traveler” more comfortable by padding the word with extra consonants. This was, after all, a parody. So I left it alone. — Why The New Yorker Doubles Consonants : The New Yorker
If judges were allowed to use colloquial language, the Prince v. Cariou appellate decision might read something like this:
To: Richard Prince
Cc: The House of Gago
You got yourself in a lot of trouble with this Canal Zone thing. Actually, you got yourself in a lot of trouble when you got sued and then you didn’t take the legal proceedings seriously, which really pissed off the district court judge. That was unappreciated.
However, the system can’t just go overturning current copyright jurisprudence because you were obnoxious under oath. Since you apparently don’t want to or are otherwise unable to argue transformative intent, I’m going to do that on your behalf right now (thank your lawyer). It’s pretty clear from looking at your artwork that the series is totally different from the underlying Cariou works. I get that feeling because they mostly seem to make fun of said works.
It’s not the usual way to defend fair use, but I can’t really argue with the work itself. Cariou’s photos are clearly meant to document, while yours seem to be intended to piss people off (including the artist being appropriated). That is, in fact, one way of being transformative. I find that your complete lack of regard for the meaning of the original works is decent evidence you weren’t stealing them outright.
It’s also pretty clear to this court that “Richard Prince collectors” and “Patrick Cariou collectors,” if the artist ever marketed his work enough for this latter group to exist, are unlikely to overlap in any way. So you’re not really stealing money from Cariou, either.
As much as it pains me, I’m going to rule in your favor (in favor of fair use, really). However, because you’ve been sort of a pill during this process, I’m also going to rule that a few of your paintings actually might not be transformative enough for fair use and send you back to that district court judge who really hates you to get a final decision. Have fun!
Barrington D. Parker, Circuit Court Judge
I was fortunate to begin writing for LinkedIn Influencers in January. It was during my introductory call with my editor that I realized how disruptive a business model this program is. “I’m so excited to write for you guys, because as a former teacher, I’m really passionate about educating the world about social media and leadership,” I told my editor.
— Presented without comment.
How LinkedIn Quietly Built a Massive Media Empire | LinkedIn
Love this cartoon
(via Letter to a Young Social Entrepreneur: the poor are not the raw material for your salvation | Pioneers Post)
Over the past four years, the rock band Phish has generated over $120 million in ticket sales, handily surpassing more well known artists like Radiohead, The Black Keys, and One Direction. Since their start 30 years ago, Phish has consistently been one of the most popular and lucrative touring acts in America, generating well over a quarter billion dollars in ticket sales.
It is bad enough that the Chinese have illegally entered our seas, navigated without boat papers and crashed recklessly into a national marine park and World Heritage Site,” said World Wide Fund for Nature Philippines chief executive officer Jose Ma. Lorenzo Tan. “It is simply deplorable that they appear to be posing as fishermen to trade in illegal wildlife. — Ship illegally carrying 22,000 of endangered anteater meat runs aground | News from the Field | OutsideOnline.com
Consider Sandra Navidi. According to Wikipedia, Navidi is a “frequent media contributor,” who has “a global network with access to key decision-makers,” “frequently appears as a keynote speaker and panelist all over the world,” and “provides financial markets analysis that has resonated in the financial community.” On Twitter, Navidi has an impressive 5,000 or so followers. Which key decision-makers in the financial community follow Sandra Navidi’s resonant analysis? Mitch Tan, a “girl with simple dreams,” who only ever retweets and from three accounts; Kathleen Culver, who has 13 tweets to her name; and Vanessa from “Midwest, USA” who has tweeted 17 times, but only says things like “2eme jour sur twiiter =D.” According to Status People, a web site that analyzes Twitter users, 96% of Ms. Navidi’s followers are fake, and another 3% are inactive. Only 1%, or 50, of her followers are really following her.
— Kevin Ashton raises an interesting question: is Sandra Navidi fake, or is she real? Let’s go to the evidence: (1) I’ve seen her hanging out a lot with the likes of George Soros and Nouriel Roubini; (2) Her company is called BeyondGlobal. I’m going with fake.
How to become internet famous for $68 – Quartz
She and the other runners waited in a crowd, with more runners filing in, like cars slowing to a halt on a highway where there’s been a crash. They walked to keep their quads from tightening. Then, she said, the most beautiful thing happened. “People on the sidelines just started handing us their telephones, telling us to call our families and then to hand it to the next person. ‘Take this. Call whoever.’ ” Locher sent a text to her husband saying she was O.K., and then asking him to alert the rest of her family. On September 11th, he had been living a block and a half from the World Trade Center, and her mind flashed back to the comfort she felt when he had called. — A Woman From a Boston Marathon Photograph Tells Her Story : The New Yorker