Just My Middle Finger Away
 

Of what use is a philosopher who doesn't hurt anybody's feelings?

Most men are within just a finger's breadth of being mad.

-- Diogenes

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Dio's Private Mailbox
Posted:Sep 23, 2018 3:12 pm
Last Updated:Sep 17, 2020 4:41 am
42713 Views


This is a good place for comments, critiques of my blog, general observations or questions. Confidentiality is NOT guaranteed and subject to public ridicule at my discretion.

Constructive critique is highly welcomed as I work to improve my writing.

If you have a question for Dio, this is a good place to privately ask and he can answer it anonymously in his column. Don't be shy.

You're welcome.

Dio

0 Comments , 3 Pending
Think Before You Rant .... For Once
Posted:Sep 18, 2020 8:14 pm
Last Updated:Sep 19, 2020 5:41 am
129 Views

Source : https://www.thefader./2019/06/26/who-owns-lyrics-explainer

By Steffanee Wang
June 26, 2019

Here’s what you need know about sharing lyrics online

Lyrics can hold an immense amount of power. You scribble them on notebooks, repeat them in your head as mantras, adopt as life principles the ones that feel particularly aligned with your soul. You can fuse the words permanently onto your body through tattoos. It’s one of the things that makes engaging with music so powerful and rewarding: geeking out over bars, marveling at phrases and descriptors that feel so insanely correct they must be thoughts taken straight from our own heads. They can begin to feel like they belong to you.

But in the world of copyright and ownership, lyrics have entered a grey area of misuse and misunderstanding, an issue that’s only been heightened by the recent reports of Genius accusing Google for lifting the lyrics published on their site. Who owns lyrics in the first place, and why do they feel like the least copyright-enforced part of songs on the internet?

I spoke with transactional music attorney Erin M. Jacobson about this. Turns out, if you’ve ever shared lyrics online at , you were probably infringing upon somebody’s copyright.

Who actually owns lyrics?

Like every other part of a song, songwriters and/or publishers own the copyrights their own lyrics. Anyone who wants use those lyrics, or even simply republish the lyrics online, would need get permission from the owners via a license agreement, which Jacobson says is most used for reprinting lyrics on greeting cards, T-shirts, books, etc.

This practice should be followed on the internet as well, in the sense that anyone who reposts or republishes the lyrics should be getting a license from the copyright owners beforehand. That can range from lyric hosting sites like AZlyrics, www.thefader./ Metrolyrics, Genius, the way fans posting transcriptions of the lyrics in YouTube comments.

Wait, even those lyrics under YouTube videos that I use when I want sing along my favorite songs are illegal?

Yes, even those helpful netizens transcribing lyrics in the comments out of the goodness of their hearts, out of love for their favorite artists, should be getting licenses.

The spectrum of lyric-sharing is very broad, and it’s made the more complicated by the grandness and share-friendliness of the internet. That’s partly what makes holding copyright infringers account so difficult, for better or for worse. Jacobson also acknowledges that the lack of public education and awareness on copyright law is mostly the reason why lyric infringement still runs rampant today: “Like so much on the web, people just put things either not realizing or not caring that they actually need go get a license from somebody.” Well, now you know.

What about fair use?

Fair use is usually the go- defense for those who’ve been accused of copyright infringement. It essentially states that their use of copyright material is okay because it is using the work for educational purposes or because the original work has been transformed in some way. Satires and parodies — like “Weird Al” Yankovic’s songs — fall under this category, as do educational videos and other art that builds on top of an original work. How much or little of the original work that gets used matters, too, and as its written in section 107 of the Copyright Act “if the use includes a large portion of the copyrighted work, fair use is less likely to be found.” So, say using just one line from a song versus an entire verse.

Fair use judgements are made on a case-by-case basis, Jacobson says, though one indicator that something most likely is not fair use is if it’s used for commercial purposes. “Lyric sites have funding, they have ad support, and they're using all of the lyrics,” Jacobson says. “All of them need to be licensed and any of them that are not licensed are just infringing.”

What’s the incentive to go after fans?

Sadly, there doesn’t need to be an incentive outside of the fact that the owner of the copyright simply wants to, and can. Often it's up to the principles of the songwriters and owners. Prince, for example, said in his 2007 statement that he was suing YouTube and Ebay for copyright infringement, that he was going to “reclaim his art on the Internet.” That same year, Universal sent a DMCA takedown to Stephanie Lenz for a video that featured her -month-old dancing “Let’s Go Crazy.” That incident led the near decade-long court case, Lenz v. Universal Music Corp., that ended in 20 and decidedly ruled in favor of Lenz and fair use. (Granted, this case wasn’t over song lyrics, but it’s not hard imagine something similar happening over a non-official lyric video going viral.)

It also wasn’t that surprising when Taylor Swift, who wrote in a 20 Wall Street Journal op-ed that “music is art, and art...should be paid for”, had her legal team send cease and desist letters Etsy vendors who were selling items with Swift’s trademarks and lyrics printed them. “It becomes a business decision about whether they want go after a person or not,” Jacobson says, “because they are completely in their rights go after them if they want .”

But don't panic, yet! For the most part, Jacobson says, “You could have a full staff just tracking of those infringements, but from a business perspective, sometimes it’s just not worth it spend the time.” Especially for smaller infringements that are generally unknowingly committed by fans, Jacobson says, “You might look at it and say ‘Is the backlash we're going get [by taking action] going hurt the artist or the writer, more than its actually going help them?”

At the end of the day, copyright law is severely outdated.

The Digital Millennium Copyright Act — an amendment the Copyright Law most publishers have been using take down copyright infringements — was signed by Bill Clinton in 1998, when the internet was far less of a force than it is today. More recently, the Music Modernization Act passed in October 2018 in an attempt to enforce royalty rates and payments in the age of streaming, but there is still a huge gap when it comes to addressing the new ways in which music listeners interact with and share songs and lyrics currently.

“Technology has moved so fast that the law hasn't really caught with it yet so that’s the first problem,” Jacobson says.“Hopefully, we can get the lyric sites licensed, but the law and policy take a while get changed. The Music Modernization act was several years in the works but it’s definitely a starting place for getting songwriters and rights owners fairly compensated for the music that they make.”

Add in the lack of resources and technology available actually go after all cases of infringements in terms of lyric republishing, and it means that songwriters and publishers will always be one step behind from being fully compensated for their work. Which sucks. So the least we can do is for our music.


Note that this piece was properly sourced in its entirety according copyright laws. Emphasis is my own.
7 Comments
A Harridan, a Pearly White and a Daily Points Giveaway Walk Into a Bar ....
Posted:Sep 16, 2020 12:04 pm
Last Updated:Sep 18, 2020 4:25 pm
495 Views



Here's a free idea for a daily points giveaway question....

Is it the left or right incisor that's gone AWOL? Or both?

You're welcome.

FWIW, missing body parts should be addressed in photos under the truth in advertising clause.

*** Disclaimer -- toothless Harridans are JUST NOT MY TYPE ***

Updated 9/17/20 to reflect that it is an incisor. Top front teeth for us nomenclature-challenged non-dental neophytes. Kinda figured as tight-lipped as that smile is. What a pretty picture that paints. And a little hint in getting your four free giveaway points. C'mon, say "cheese" for us.

You're welcome.
10 Comments
Saturday's Song: Elements - Lindsey Stirling (w/pics)
Posted:Sep 12, 2020 7:58 am
Last Updated:Sep 18, 2020 2:17 am
832 Views


These words really spoke to me.
5 Comments
I Did My Own Poll ....
Posted:Sep 11, 2020 4:45 pm
Last Updated:Sep 16, 2020 5:02 pm
997 Views

I drove around the city and did an unscientific yard sign poll.

Biden is a distant third place behind Trump and free firewood.

8 Comments
New Pictures Coming Soon ...
Posted:Sep 3, 2020 5:53 pm
Last Updated:Sep 12, 2020 3:21 pm
1598 Views


As soon as I figure out this new software program, I'll post some new selfies ....



... should only take a few years to learn but the pictures will be current.

Trust me.

(Note: I did not take the original picture. Nor did I do the photo editing. I did take the screenshots on the video on how to do the editing.)
9 Comments
Where Did You Come From?
Posted:Sep 1, 2020 8:42 pm
Last Updated:Sep 9, 2020 9:58 am
1868 Views

A couple of weeks ago I decided it was time to shampoo the carpets. They were long overdue as I hadn’t deep cleaned them since just before we got the new puppy, which was exactly two days after I had just cleaned them. I told TheWife my plan with the caveat, NO MORE FUCKING ANIMALS. She agreed completely.

The cleaning was uneventful other than the dogs nipping at the spray nozzle, but after a couple of blasts of the cleaning liquid they decided to go lay on the bed. Peace, at last. Peace, at last.

We had some ants crawling around the counters the previous few days. They were a minor annoyance, but nothing that required napalming the kitchen. I was perfectly content to use the mini-strainer to keep the critters out of my coffee when I poured the boiling water out of the electric kettle into my cup. TheWife let me know that she did not approve of my ad hoc method of pest control, which led to a planned trip the next day to the hardware store for some ant bait.

I captured a few wandering around the counter and threw them into a glass of water, hoping to drown them so I could inspect them to determine just what species of ants I had. Here is a picture of one of them I drowned. Or thought I had drowned.



He/she/it had sunk to to the bottom of the glass so I used a pair of tweezers to retrieve him and put him on a slide so I could inspect it under the microscope. As I was peering through the microscope, a strange thing happened. The fucking ant started wiggling his legs and antenna. Bear in mind, he had been on the bottom of the glass, under water, for at least three minutes. And here he is coming back to life, right before my eyes. I had told TheWife, no more animals, and here I am naming a new one. I christened him Jesus. At least, that’s what I called him after he started crawling all over the index card I had placed under him. For the record, he is officially classified as an acrobat ant and he very well may be leading a religious movement back at the ant hill this very moment as I released him outside after my rigorous examination.

Anyway, I went to the hardware store the next day to buy the traps. I set the traps as per the instructions on the package and we went on about our business thinking the traps would take care of the issue.

Late that night, when I was getting ready to go to bed, I told her I was going to check the trap line. That was a huge mistake. There were, in my kitchen, literally hundreds, if not thousands of ants crawling across the soffit of the kitchen cabinets, down the wall, across the counter to the bait trap. The ones that weren’t going down to the trap were going back up the wall to return to wherever the fuck ants live. Houston, we have a problem.

So rather than just going to bed and letting nature run it’s course like any sane person, TheWife wants to pull out the refrigerator so we (me) could inspect to find the source whence they came. Fuck, almighty. There was a continuous stream of ants from the top of the counter to the top of the baseboard. They were both coming and going. TheWife wanted to just start bashing them, but the instructions said to let them carry the poison back to wherever the fuck ants live and let it poison the colony. We went to bed.

The next morning, I caulked the crevice they were coming out of, put a bunch of boric acid powder along the floor, pushed the refrigerator back and called it good enough. Other than a few residual stragglers stranded on the wrong side of the caulk, we haven’t seen an ant since.

I kind of miss Jesus.
7 Comments
What's In a Name.?
Posted:Aug 23, 2020 10:12 am
Last Updated:Aug 29, 2020 1:47 pm
2840 Views

I’ve never named another human being. Sure, I’ve called other drivers’ names when they’ve done something stupid, but the names I called them aren’t printed on their birth certificates, nor will it likely appear on their tombstones. Unless, of course, they go by a nickname. “Dumbass”, “Dipshit” or maybe “Stupid Cocksucker” to name just a few.

There are lots of animals I’ve named over the years. Many dogs, a couple cats. A crocodile named Crucible that I won in a radio station contest. Snakes, fish, monkeys, lizards. But never a human being.

TheFirstWife had two when we got married. They were old enough that they already had names. TheCurrentWife also had two when we married and they too were already named. TheNextWife doesn’t exist, thank God.

The closest I came to the privilege of naming a homo-sapien was TheGirl#3 who is the biological of TheGirl#1, making her TheGrandGirl#1 technically. We knew we would adopt her, so I got somewhat of a say in her moniker.

The proposed name was Anastasia. I told them no fucking way. That sounded like some wizards and demons kind of name, and if they chose that one, I would blare Uriah Heep non-stop until the graduated from high school. They relented and she ended up with a name that was actually longer but had an obvious shorter nickname that I could easily teach her to spell. Which was the real reason I didn’t want Anastasia. If I didn’t know how to spell it, how was I going to teach her when the time came?

I got that idea from my parents. My older brother has six letters in his name. My name has five letters. The next siblings each have four letters. The baby of the family has just three letters in her name.

And this is my hypothesis of how parents choose their ’s names. They start out hopeful and optimistic of their offspring’s mental capacities but as another one comes along, disillusionment, disappointment and reality set in and they progressively pick shorter names. Each subsequent one easier to teach how to spell.

Are there any single letter names?
13 Comments
Embracing the Inner Hag ...
Posted:Aug 4, 2020 5:07 am
Last Updated:Sep 12, 2020 4:50 pm
4943 Views

Deny an allegation of "hag" and post a photo to prove it.

Say "cheese"!!

16 Comments
Fun Math Fact #1
Posted:Jul 30, 2020 5:51 am
Last Updated:Aug 13, 2020 12:38 am
5462 Views


A woman's level of desperation is directly proportional to the number of comments, quotes and re-quotes of herself she makes on a post.

16 Comments
Fight Night
Posted:Jul 29, 2020 5:30 am
Last Updated:Sep 5, 2020 3:52 pm
8609 Views

IT'S TIME. (best Bruce Buffer voice)

In the red corner, MamaC

In the white corner, PaulX

Have at it.

Pass the popcorn, please.

PS. I haven't posted anything lately and never anything that entertaining so ...
.
61 Comments
Mandated Masks ...
Posted:Jul 22, 2020 4:48 pm
Last Updated:Jul 26, 2020 2:59 pm
5872 Views

Well, the governor issued an executive order mandating masks be worn in all indoor areas/crowded public areas. We've been required to wear them at work since March unless at our desk, eating or drinking. I've been doing a lot of sitting on my ass at my desk, eating and drinking. No mask and not much work.

But now that the governor has imposed a hundred dollar fine, it's mask time. I was going to make a mask out of a Franklin but it turns out that's considered defacing currency which is a federal crime with an even stiffer fine. Sound's like an expensive circular reference issue waiting to happen. Oh well, it was a good idea.

So I've tried to change my outlook on "the wearing of a mask". Changing it's name from a "diaper of dork-dom" has helped a little. I call it my "cloak of compassion" because now people think I care about them. I don't, at least, not any less than I did before but if it makes them feel like I do, great. Shut the fuck up and back up. Give me my ten foot social distance. Better yet, make it a mile.

I'd much rather have my Harry Potter "cloak of invisibility" back and not have to wear a mask or deal with people but I set that fucker down someplace and can't find it anywhere. Somebody told me I'll finally find it the last place I look. What a stupid fucking thing to say, why would I keep looking for it after I found it? That's something a "mom" would say. Or a "Karen" if she's not bitching at me about being mask-less.

Anyway, anyone know where I can pick up a "cloak of immortality"? That's the one to have.
6 Comments
Thoughts I Have When I See A Genie Poll
Posted:Jul 21, 2020 5:22 am
Last Updated:Sep 12, 2020 5:17 pm
6116 Views

How many noise complaints have been filed due to the bats flying out to feed every night?

Since when did a proctologist need a third hand?

At what point does that proctologist say, "I've seen enough, time for a new career."

If the gravitional pull of a black hole is so great that light can't escape, how is he still around?
10 Comments

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