Left In Lowell

Today’s Hamilton Canal groundbreaking event was really well-run, and very well attended. I saw media folks from NECN, Ted Panos of WCAP, the Sun was there (I stood next to Matt Murphy, where I could get the good photo shots) and LTC was there taping it (I’m sure they will be running it on multiple channels soon). But the least pleasant “media” run-in I had (okay, the only unpleasant one) was one John McDonough, producer of the too-AM LTC show, City Life. McDonough walked up to me, and in a very nasty tone, told me to not use his show on my blog. Then abruptly walked away.

As always, you think of the retort far too late to do any good, but seconds later I realized that yes, he has a right to tell me not to use his show on the blog, but no, he does not have the right to tell me not to run short clips of his show on my blog (like here) for use in commentary and discussion. It’s called “fair use” and it’s pretty clear that my post and clip falls so far into the boundaries of fair use, it’s in the capital city.

What are the boundaries of fair use? You can read a lot about it here, but some highlights:

In fact, the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy.

Let’s run quickly through the six scenarios, with the reminder that these only apply to copyrighted works, not to public domain or Creative Commons-licensed items.

Comment or critique. “Video makers have the right to use as much of the original work as they need to in order to put it under some kind of scrutiny… So long as the maker analyzes, comments on, or responds to the work itself, the means may vary.” Just don’t copy so much that the new piece becomes “a way of satisfying the audience’s taste for the thing that is being quoted.”

I know that my little one-minute clip no where near satiated your need to watch the whole two hours of City Life. (Yes, that was sarcasm.)

Copying to launch a discussion. The paper suggests that posting video clips of copyrighted works to kick off a discussion is fine because the purpose of starting a conversation is a “transformative” use of the clip in question. Just realize that “the mere fact that a site permits comments is not enough,” and posters should make it clear that they want to discuss the clip’s content.

I’m not getting paid distributing these clips. I am putting very short clips, in this case, 1 minute 9 seconds worth, into a post for purposes of discussion and commentary, both of which are obvious fair use. It’s plain in my post that I include it for purposes of discussion on that topic (that of Hayden, the campaign, and his reaction to having his views exposed for all to see), and to show a point.

So, sorry, John McDonough, but I can use pieces of your show on this blog under Fair Use rules, and I won’t let you intimidate me. And trust me, I’m not interested in falling asleep right after waking up by watching your show, so it won’t happen often anyway. (And a word of advice…if you don’t want my attention, you shouldn’t mention and insult the blog and its bloggers too often. Just, you know, some common sense.)

“Life. Support. Music.”
with special guest performance by Jason Crigler
Thursday, November 12, 7PM, UMass Lowell, O’Leary Library
61 Wilder Street, Lowell. Free admission!

Follow the inspirational journey of hope and recovery as experienced by NYC guitarist/musician Jason Crigler, who suffered a near-fatal brain hemorrhage in 2004 while onstage in Manhattan. Though he survived this life-shattering episode, his road to recovery was painful and staggering. Remarkably documented by film director and close friend, Eric Metzgar, this moving, brilliant, and award-winning film will premier in Lowell with a special guest appearance by Jason himself, who will give first-hand insight into the last five years of his life, and, honor everyone with a special live performance. Presented in partnership with Moses Greeley Parker Lectures and 119 Gallery.

I attended the groundbreaking ceremony of the Appleton Mills phase of the Hamilton Canal District project. Trinity sponsored a big tent near the site for the speeches and the traditional turning over of shovels, as well as a luncheon the Brush and our own Lowell Art and Design Center (the name we call the conglomeration of X/O Studios, Studio II, and the studio I share with Pixelbytes).

Ultimately, this was just a ceremony. But it is a ceremony which is the culmination of the work and partnership of so many entities, from the private and public funding sources like MassHousing, MetLife Inc; and the designation of the HCD area as a Growth District, a program created by Governor Patrick to treat the outlying urban centers in the Commonwealth like the local economic engines they could be. Lowell has or is receiving a total of around $16M (Sun article) of the monies allotted for Growth Districts for the first phase of this project, a more than our fair share of the total. And we cannot forget the contribution of regular jus’ folks of the city, who came out to the public meetings and expressed their views on what they hoped to see in the new district.

In eighteen months, the Appleton Mill restoration and build-out is scheduled to be complete. I still can’t believe that the mess that is that poor, ruined mill can be turned around into usable housing (affordable artist rental units) that quickly. I am lucky to get a front row seat, so to speak, from my downtown studio, and I am going to document the progress as best I can.

Here are a few more pictures for you from today. Look for more photos as the project progresses; I plan on getting some good use out of my camera!

Governor Patrick strolls the artist studios at the Brush

The big tent!

It was a great turnout, showing once again that this project has captured the attention and imagination of the residents of the city.

Patrick is introduced for his speech.