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Tuesday, July 14, 2009

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”

“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.

The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.

“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.

“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.

“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.

“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Friday, September 28, 2007

Bat for Lashes is the doppelgänger band ego of one of the leading millennial lights in British music, Natasha Khan. Caroline Weeks, Abi Fry and Lizzy Carey comprise the aurora borealis that backs this haunting, shimmering zither and glockenspiel peacock, and the only complaint coming from the audience at the Bowery Ballroom last Tuesday was that they could not camp out all night underneath these celestial bodies.

We live in the age of the lazy tendency to categorize the work of one artist against another, and Khan has had endless exultations as the next Björk and Kate Bush; Sixousie Sioux, Stevie Nicks, Sinead O’Connor, the list goes on until it is almost meaningless as comparison does little justice to the sound and vision of the band. “I think Bat For Lashes are beyond a trend or fashion band,” said Jefferson Hack, publisher of Dazed & Confused magazine. “[Khan] has an ancient power…she is in part shamanic.” She describes her aesthetic as “powerful women with a cosmic edge” as seen in Jane Birkin, Nico and Cleopatra. And these women are being heard. “I love the harpsichord and the sexual ghost voices and bowed saws,” said Radiohead‘s Thom Yorke of the track Horse and I. “This song seems to come from the world of Grimm’s fairytales.”

Bat’s debut album, Fur And Gold, was nominated for the 2007 Mercury Prize, and they were seen as the dark horse favorite until it was announced Klaxons had won. Even Ladbrokes, the largest gambling company in the United Kingdom, had put their money on Bat for Lashes. “It was a surprise that Klaxons won,” said Khan, “but I think everyone up for the award is brilliant and would have deserved to win.”

Natasha recently spoke with David Shankbone about art, transvestism and drug use in the music business.

DS: Do you have any favorite books?

NK: [Laughs] I’m not the best about finishing books. What I usually do is I will get into a book for a period of time, and then I will dip into it and get the inspiration and transformation in my mind that I need, and then put it away and come back to it. But I have a select rotation of cool books, like Women Who Run With the Wolves by Clarissa Pinkola Estés and Little Birds by Anaïs Nin. Recently, Catching the Big Fish by David Lynch.

DS: Lynch just came out with a movie last year called Inland Empire. I interviewed John Vanderslice last night at the Bowery Ballroom and he raved about it!

NK: I haven’t seen it yet!

DS: Do you notice a difference between playing in front of British and American audiences?

NK: The U.S. audiences are much more full of expression and noises and jubilation. They are like, “Welcome to New York, Baby!” “You’re Awesome!” and stuff like that. Whereas in England they tend to be a lot more reserved. Well, the English are, but it is such a diverse culture you will get the Spanish and Italian gay guys at the front who are going crazy. I definitely think in America they are much more open and there is more excitement, which is really cool.

DS: How many instruments do you play and, please, include the glockenspiel in that number.

NK: [Laughs] I think the number is limitless, hopefully. I try my hand at anything I can contribute; I only just picked up the bass, really—

DS: –I have a great photo of you playing the bass.

NK: I don’t think I’m very good…

DS: You look cool with it!

NK: [Laughs] Fine. The glockenspiel…piano, mainly, and also the harp. Guitar, I like playing percussion and drumming. I usually speak with all my drummers so that I write my songs with them in mind, and we’ll have bass sounds, choir sounds, and then you can multi-task with all these orchestral sounds. Through the magic medium of technology I can play all kinds of sounds, double bass and stuff.

DS: Do you design your own clothes?

NK: All four of us girls love vintage shopping and charity shops. We don’t have a stylist who tells us what to wear, it’s all very much our own natural styles coming through. And for me, personally, I like to wear jewelery. On the night of the New York show that top I was wearing was made especially for me as a gift by these New York designers called Pepper + Pistol. And there’s also my boyfriend, who is an amazing musician—

DS: —that’s Will Lemon from Moon and Moon, right? There is such good buzz about them here in New York.

NK: Yes! They have an album coming out in February and it will fucking blow your mind! I think you would love it, it’s an incredible masterpiece. It’s really exciting, I’m hoping we can do a crazy double unfolding caravan show, the Bat for Lashes album and the new Moon and Moon album: that would be really theatrical and amazing! Will prints a lot of my T-shirts because he does amazing tapestries and silkscreen printing on clothes. When we play there’s a velvety kind of tapestry on the keyboard table that he made. So I wear a lot of his things, thrift store stuff, old bits of jewelry and antique pieces.

DS: You are often compared to Björk and Kate Bush; do those constant comparisons tend to bother you as an artist who is trying to define herself on her own terms?

NK: No, I mean, I guess that in the past it bothered me, but now I just feel really confident and sure that as time goes on my musical style and my writing is taking a pace of its own, and I think in time the music will speak for itself and people will see that I’m obviously doing something different. Those women are fantastic, strong, risk-taking artists—

DS: —as are you—

NK: —thank you, and that’s a great tradition to be part of, and when I look at artists like Björk and Kate Bush, I think of them as being like older sisters that have come before; they are kind of like an amazing support network that comes with me.

DS: I’d imagine it’s preferable to be considered the next Björk or Kate Bush instead of the next Britney.

NK: [Laughs] Totally! Exactly! I mean, could you imagine—oh, no I’m not going to try to offend anyone now! [Laughs] Let’s leave it there.

DS: Does music feed your artwork, or does you artwork feed your music more? Or is the relationship completely symbiotic?

NK: I think it’s pretty back-and-forth. I think when I have blocks in either of those area, I tend to emphasize the other. If I’m finding it really difficult to write something I know that I need to go investigate it in a more visual way, and I’ll start to gather images and take photographs and make notes and make collages and start looking to photographers and filmmakers to give me a more grounded sense of the place that I’m writing about, whether it’s in my imagination or in the characters. Whenever I’m writing music it’s a very visual place in my mind. It has a location full of characters and colors and landscapes, so those two things really compliment each other, and they help the other one to blossom and support the other. They are like brother and sister.

DS: When you are composing music, do you see notes and words as colors and images in your mind, and then you put those down on paper?

NK: Yes. When I’m writing songs, especially lately because I think the next album has a fairly strong concept behind it and I’m writing the songs, really imagining them, so I’m very immersed into the concept of the album and the story that is there through the album. It’s the same as when I’m playing live, I will imagine I see a forest of pine trees and sky all around me and the audience, and it really helps me. Or I’ll just imagine midnight blue and emerald green, those kind of Eighties colors, and they help me.

DS: Is it always pine trees that you see?

NK: Yes, pine trees and sky, I guess.

DS: What things in nature inspire you?

NK: I feel drained thematically if I’m in the city too long. I think that when I’m in nature—for example, I went to Big Sur last year on a road trip and just looking up and seeing dark shadows of trees and starry skies really gets me and makes me feel happy. I would sit right by the sea, and any time I have been a bit stuck I will go for a long walk along the ocean and it’s just really good to see vast horizons, I think, and epic, huge, all-encompassing visions of nature really humble you and give you a good sense of perspective and the fact that you are just a small particle of energy that is vibrating along with everything else. That really helps.

DS: Are there man-made things that inspire you?

NK: Things that are more cultural, like open air cinemas, old Peruvian flats and the Chelsea Hotel. Funny old drag queen karaoke bars…

DS: I photographed some of the famous drag queens here in New York. They are just such great creatures to photograph; they will do just about anything for the camera. I photographed a famous drag queen named Miss Understood who is the emcee at a drag queen restaurant here named Lucky Cheng’s. We were out in front of Lucky Cheng’s taking photographs and a bus was coming down First Avenue, and I said, “Go out and stop that bus!” and she did! It’s an amazing shot.

NK: Oh. My. God.

DS: If you go on her Wikipedia article it’s there.

NK: That’s so cool. I’m really getting into that whole psychedelic sixties and seventies Paris Is Burning and Jack Smith and the Destruction of Atlantis. Things like The Cockettes. There seems to be a bit of a revolution coming through that kind of psychedelic drag queen theater.

DS: There are just so few areas left where there is natural edge and art that is not contrived. It’s taking a contrived thing like changing your gender, but in the backdrop of how that is still so socially unacceptable.

NK: Yeah, the theatrics and creativity that go into that really get me. I’m thinking about The Fisher King…do you know that drag queen in The Fisher King? There’s this really bad and amazing drag queen guy in it who is so vulnerable and sensitive. He sings these amazing songs but he has this really terrible drug problem, I think, or maybe it’s a drink problem. It’s so bordering on the line between fabulous and those people you see who are so in love with the idea of beauty and elevation and the glitz and the glamor of love and beauty, but then there’s this really dark, tragic side. It’s presented together in this confusing and bewildering way, and it always just gets to me. I find it really intriguing.

DS: How are you received in the Pakistani community?

NK: [Laughs] I have absolutely no idea! You should probably ask another question, because I have no idea. I don’t have contact with that side of my family anymore.

DS: When you see artists like Pete Doherty or Amy Winehouse out on these suicidal binges of drug use, what do you think as a musician? What do you get from what you see them go through in their personal lives and with their music?

NK: It’s difficult. The drugs thing was never important to me, it was the music and expression and the way he delivered his music, and I think there’s a strange kind of romantic delusion in the media, and the music media especially, where they are obsessed with people who have terrible drug problems. I think that’s always been the way, though, since Billie Holiday. The thing that I’m questioning now is that it seems now the celebrity angle means that the lifestyle takes over from the actual music. In the past people who had musical genius, unfortunately their personal lives came into play, but maybe that added a level of romance, which I think is pretty uncool, but, whatever. I think that as long as the lifestyle doesn’t precede the talent and the music, that’s okay, but it always feels uncomfortable for me when people’s music goes really far and if you took away the hysteria and propaganda of it, would the music still stand up? That’s my question. Just for me, I’m just glad I don’t do heavy drugs and I don’t have that kind of problem, thank God. I feel that’s a responsibility you have, to present that there’s a power in integrity and strength and in the lifestyle that comes from self-love and assuredness and positivity. I think there’s a real big place for that, but it doesn’t really get as much of that “Rock n’ Roll” play or whatever.

DS: Is it difficult to come to the United States to play considering all the wars we start?

NK: As an English person I feel equally as responsible for that kind of shit. I think it is a collective consciousness that allows violence and those kinds of things to continue, and I think that our governments should be ashamed of themselves. But at the same time, it’s a responsibility of all of our countries, no matter where you are in the world to promote a peaceful lifestyle and not to consciously allow these conflicts to continue. At the same time, I find it difficult to judge because I think that the world is full of shades of light and dark, from spectrums of pure light and pure darkness, and that’s the way human nature and nature itself has always been. It’s difficult, but it’s just a process, and it’s the big creature that’s the world; humankind is a big creature that is learning all the time. And we have to go through these processes of learning to see what is right.

Monday, September 5, 2005

OpenTheGovernment.Org, a coalition of conservative and liberal nonprofit groups, released a 2005 report (PDF, 12 pages) saying that all branches of the U.S. Federal Government are being significantly more secretive, and spending significantly more money on document secrecy. In 2004, federal officials classified 15.6 million new documents, which is 81 percent more than in 2001. Over the same period, the cost of classifying those new documents rose from $4.7 billion to $7.2 billion. These figures do not include documents classified by the CIA, as that agency’s information is itself secret.

The report is also critical of the fact that only $48.3 million was spent on declassifying old documents in 2004. They concluded that for every dollar spent on declassification, the federal officials spent $148 creating and storing new secrets, more than in any previous year. It is estimated to cost $460 to classify one document.

The state secrets privilege allows the executive branch to classify federal court hearings and documents. On average, the Bush administration has used this privilege 33 times more per year than cold war administrations (1953-1976), and nearly three times the 1977-2001 average. The report sees other measures of government secrecy, such as the number of secret patents on the rise as well.

The report does not explore the larger economic impact of the increase in secrecy per se. However, it observes that taxpayer savings due to whistleblower activity is on the rise despite the elimination of traditional whistleblower protections.

It also notes that 64% of advisory meetings were closed to the public. Such meetings provide lawmakers with advice on scientific and technical matters which are supposed to be free of special interest. Legislation covering such meetings states or assumes that they are open to the public, but some agencies, like the Department of Defense, have traditionally been permitted to hold closed meetings. Once such agencies are excluded, the report finds a threefold increase in closed meetings since 2001.

The report is critical of poor funding for processing Freedom of Information Act (FOIA) requests, with which the majority of federal agencies surveyed can not keep up. There is concern that more of the financial burden for such requests may be being born by those organizations making the requests, instead of the agencies holding the classified documents. FOIA requests increased by 25% between 2003 and 2004, to 4 million, while funding for processing such requests increased by only 5%.

How much of this secrecy directly relates to various current events, such as the War in Iraq or terrorism, is unclear. In 2004, the Foreign Intelligence Surveillance Court approved 1,754 requests from law enforcement officials last year to conduct surveillance on foreign nationals within the United States, double the number issued four years ago.

The report is also critical of the rise of “sensitive but unclassified” information, as well as new state based secrecy initiatives.

Friday, September 8, 2006

From September 3 to 8, experts gathered at the 10th International Congress on Obesity in Sydney, Australia, to discuss what they call the worldwide “obesity epidemic”. According to the World Health Organization (WHO), 1 billion people in the world today are overweight, and 300 million of those are obese. “Obesity and overweight pose a major risk for serious diet-related chronic diseases, including type 2 diabetes, cardiovascular disease, hypertension and stroke, and certain forms of cancer“, a WHO fact sheet states. According to AP, experts at the conference “have warned that obesity is a bigger threat than AIDS or bird flu, and will easily overwhelm the world’s health care systems if urgent action is not taken”.

Of particular concern is the large number of overweight children. Dr. Stephan Rossner from Sweden’s Karolinska University Hospital, a leading obesity expert who was present at the conference, has warned that as a result of the increasing number of overweight children, “we will have, within a decade or two, a number of young people who are on kidney dialysis. There will not be organs for everybody”. UK-based International Obesity Task Force has said that junk food manufacturers target children, for example, through Internet advertising, chat rooms, text messages, and “advergames” on websites. Politicians are not doing enough to address the problem of obesity, including childhood obesity, the experts said.

According to Wikipedia, examples of junk food include, but are not limited to: hamburgers, pizza, candy, soda, and salty foods like potato chips and french fries. A well-known piece of junk food is the Big Mac. The US version of just one Big Mac burger contains 48% of calories from fat, 47% US Recommended Dietary Allowance (RDA) of fat, 52% RDA of saturated fat, 26% RDA of cholesterol, 42% RDA of sodium, and little nutritional value. It also has 18% of calories from protein. According to WHO, most people need only about 5% calories from protein. Staples such as rice, corn, baked potatoes, pinto beans, as well as fruits and vegetables such as broccoli, cauliflower, zucchini, oranges, and strawberries, provide more than this required amount of protein without the unhealthy amounts of fats or sodium, without cholesterol, and with plenty of fiber, vitamins, and minerals.

Both WHO and the American Centers for Disease Control and Prevention (CDC) define overweight in adults as a Body Mass Index (BMI) of 25 or above, and obese as a BMI of 30 or above. To combat overweight and obesity, WHO recommends that, among other things, people should be taking the following steps

• eating more fruit and vegetables, as well as nuts and whole grains;
• engaging in daily moderate physical activity for at least 30 minutes;
• cutting the amount of fatty, sugary foods in the diet;
• moving from saturated animal-based fats to unsaturated vegetable-oil based fats.

Thursday, April 6, 2006

It has been confirmed that tests done on a dead Mute Swan found in the village of Cellardyke in Fife, Scotland has tested positive for the deadly strain of H5N1 Bird Flu virus. The swan is believed to have been native to Scotland.

Two other swans found in Richmond Park in Glasgow are being tested for the H5N1 virus. They are among at least 14 other dead birds and 12 more swans found in Glasgow, that are being tested for the H5N1 virus.

This is the United Kingdom‘s first confirmed case of the H5N1 virus and would make the U.K. the 14th country to report the virus.

“The risk to humans has not changed by the fact that we have found the virus in the U.K.. There is a better chance of a person winning the national lottery than catching bird flu in the U.K. today,” said Doctor Jim Robertson from the National Institutes for Biological Standards and Control in a press conference.

“We also have to work on the assumption that there is some spread among wild birds. There is no doubt we are getting closer to the day when moving birds indoors will be necessary,” said former President of the British Veterinary Association, Bob McCracken. “The situation is that the virus is there, and it will probably continue to circulate among the birds. It will spread through close contact, irrespective of species. There is one big question mark: Will the virus disappear from wild birds after a period of six months, or will it still be present after a period of six years?” added McCracken.

McCracken also said that the virus could turn up in more birds saying, “I would start from the assumption that a small pool of wild birds in the Fife area are infected and potentially passing it on to other birds” and that seagulls could pose a threat of passing on the virus because they have been known to peck at the bodies of other dead birds that were infected. “We have to assume that,” he said.

In a statement by the Department for Environment, Food and Rural Affairs, released yesterday, the Scottish Executive confirmed that a “highly pathogenic H5 avian flu” virus was found in a sample taken from the dead swan.

The swan was discovered March 29, 2006 and has been confirmed as a domestic species and officials say that it may have caught the virus from another infected bird. Officials also report that the area where the swan has been found is being sealed off.

“In accordance with a recent EU decision the Scottish Executive is putting in place a protection zone of a minimum of three kilometres radius and a surveillance zone of 10 kilometers. Keepers of birds in the protection zone are being instructed to isolate their birds from wild birds, by taking them indoors where ever possible,” said the Scottish Executive in a statement.

Samples from the swan were sent to the European Union Bird Flu Laboratory at Weybridge.

“Bird keepers outside the protection zone should redouble their efforts to prepare for bringing their birds indoors if that becomes necessary. They must also review their biosecurity measures to ensure that all possible precautions have been taken,” said Charles Milne, Chief Veterinary Officer for Scotland yesterday in the statement.

An exercise named ‘Exercise Hawthorn’ was to prepare people for a possible pandemic was taking place yesterday and was halted just after the discovery of the dead swan. Officials were in the second phase of the exercise. Taking part in the exercises were the Ministry of Defence, the Association of Chief Police Officers, the Environment Agency and several other areas of the British government.

“I brought to an end the national avian influenza exercise to ensure that we can bring all our resources to bear on this situation. We are already in a high state of readiness and I have every confidence that officials north and south of the border will work together to manage this incident successfully,” said the United Kingdom’s Chief Veterinary Officer, Debby Reynolds.

However; today Reynolds stated “there is no reason for public health concern” and also stated that in order for Bird Flu to infect humans, it would require “extremely close contact with infected birds, particularly feces.”

According to the World Health Organization H5N1 has killed 109 people worldwide since 2003.

Saturday, April 17, 2010

Journalist, counselor, painter, and US 2012 Presidential candidate Joe Schriner of Cleveland, Ohio took some time to discuss his campaign with Wikinews in an interview.

Schriner previously ran for president in 2000, 2004, and 2008, but failed to gain much traction in the races. He announced his candidacy for the 2012 race immediately following the 2008 election. Schriner refers to himself as the “Average Joe” candidate, and advocates a pro-life and pro-environmentalist platform. He has been the subject of numerous newspaper articles, and has published public policy papers exploring solutions to American issues.

Wikinews reporter William Saturn? talks with Schriner and discusses his campaign.

Sunday, April 16, 2006

The city of Antalya, Turkey, is going to host almost 1000 children from 40 countries on April 23, the International Children’s Day. The children will march through the city and perform special performances. This day was declared International Children’s Day by Mustafa Kemal Atatürk to indicate how important children are for the future of the country.

This day, Turkish children representatives replace officials of various ranks, including the Prime Minister, the President and Ministers, governors of provinces and even the parliamentarians in the House of Parliament, where the children representatives discuss topics concerning children’s issues.

Friday, June 22, 2007

Buffalo, New York —A three alarm fire at a house owned by John and Evelyn Bencinich, two of the initiators of a lawsuit filed against the Elmwood Village Hotel proposal in Buffalo, required firefighters to rescue eight cats and two dogs in Buffalo, New York today.

At about 8:30 (eastern time) firefighters were called to the home on 48 Granger Place to put out a fire that had started in the basement. It quickly spread to the first floor where the main bathroom was destroyed. The fire did not spread to the second floor or attic.

Initial calls said that many animals were inside the house and firefighters quickly worked to rescue all the cats and dogs. At least one cat and one dog had to receive CPR and oxygen, but both are reported to be in stable condition. At least 3 cats are unaccounted for, but after a search of the house, the cats were not believed to have been inside at the time the fire started.

One elderly woman, Anna Bencinich, the mother of Evelyn, was rescued by neighbors who helped her from the burning house.

“There was smoke all over the house. The fire started in the basement and spread to a small portion of the first floor. Two firefighters were injured while fighting the fire and were transported to Erie County Medical Center,” said Division Fire Chief Thomas Ashe who also said that sections of the kitchen wall at the back of the house had to be torn out to stop the fire from spreading through the walls.

One firefighter is being treated for bite injuries to his face that he received while attempting to rescue a dog. The other firefighter was treated for injuries he received to his hand, which was believed to have been caused by glass or a cat scratching him. The names of the injured firefighters are not known. The injuries are said to not be life threatening.

According to witness reports, the home owners had a new water heater installed just last week, but it is not known if the fire was caused by the heater.

“We believe the fire was caused by an electrical (malfunction). An investigation is being conducted,” said Battalion Chief Joe Fahey who also added that they did not believe arson was the cause.

Thursday, May 26, 2011

On Friday evening, an explosion in Chengdu, China caused partial shutdown of a facility operated by Foxconn, one of the world’s biggest electronics manufacturers and a major supplier to companies like Hewlett-Packard, Dell, Sony, Apple, Motorola and Nokia. Initial investigations now suggest the explosion was caused by poor ventilation, which lead to high concentrations of combustible dust.

The blast happened at 7:18PM, around the time workers change shifts. A fire followed. Emergency services had control by 7:30PM. At least three people were killed, at least fifteen injured. Foxconn halted production to investigate, saying “All operations at the affected workshop remain suspended and production at all other workshops that carry out similar processing functions have also been halted pending the results of the investigation. All other production operations in our facilities in China continue operating normally.”

On Monday, city officials gave the cause as combustible dust in the air at a polishing workshop. Hong Kong-based labor rights group Students & Scholars Against Corporate Misbehavior said they reported aluminium dust problems in March when they reviewed working conditions at Foxconn. After the explosion, they commented that workers were complaining “the ventilation of the department is poor. Workers polish the iPad cases to make them shiny. In the process, there is lots of aluminum (aluminium) dust floating in the air. Workers always breathe in aluminum dust even though they put on masks. When workers take off their cotton gloves, their hands are covered with aluminum dust.”

Foxconn responded by saying the group was trying to “capitalize on the tragic accident” and misrepresented “Foxconn’s commitment to the health and safety of our employees.”

Foxconn is responsible for making iPads and iPhones for Apple. Research group IHS iSuppli said the explosion may cause loss of production of 500,000 iPads during this quarter of the year. They said there is a larger facility in Shenzhen, but it cannot cope with re-compensating the possible loss.