Surveillance After Snowden - David Lyon and what Snowden tweeted while watching December Democratic Presidential Primary

Thinking of Edward Snowden and how important his contribution to the idea of privacy and personal acts of Courage is for us as we think about issues the politicians should be speaking about in this primary season. HRC called Snowden a criminal. Snowden live tweeted this after the Democratic Presidential Primary Debate in December: "Sanders unexpectedly more credible on foreign policy than OM and Clinton, who repeat conventional wisdom that failed for a decade.#DemDebate
— Edward Snowden (@Snowden) December 20, 2015

I think of Snowden as an American Hero protecting our Constitution and freedom of expression

I know I know ... BUT give a listen/read 'This Song Is Uncomfortable': Macklemore On The Contradictions Of 'White Privilege' : NPR

'I know I know ....but give a listen to the song and the discussion .. you might be surprised

This Song Is Uncomfortable': Macklemore On The Contradictions Of 'White Privilege' : NPR

My Ballot in the Pazz and Jop critic's poll BEST IN MUSIC 2015.. quess who made it ... my full list of the best in music 2015 is MUCH larger.. (

Some have asked to see my ballot in the Pazz and Jop poll  (500 critics world wide) of the best in music in 2015.... if you have not see my full Best Music in 2015 list ... let me know and I will repost ... it was NOT limited to 10 albums!

and yes you can sample the music on Spotify .. but it actually sounds much better when you buy the cd or vinyl,,, In NYC we recommend  REBEL REBEL on Bleecker Street between 7th Ave South and Christopher Street (Manhattan). Other Music 15 East 4th Street (Manhattan) or Rough Trade, 64 North 9th Street in Williamsburg

please click on link



http://www.villagevoice.com/pazznjop/critics/2015/jim-fouratt-6595051

Who, Exactly, Picks the Golden Globes Winners? -- Vulture

Who actually votes for the Golden Globes? I think this is a sham!

Who, Exactly, Picks the Golden Globes Winners? -- Vulture

Who, Exactly, Picks the Golden Globes Winners? -- what a sham

What a sham!

Who, Exactly, Picks the Golden Globes Winners? -- Vulture

JOEY ARIAS, DAVID BOWIE, KLAUS NOMI sing TVC15 and BOYS KEEP SWINGING live on Saturday Night Live

just in case you missed it ... and oh my the straight line on that skirt would make two tall gals ...Tilda and  Cate .... be full of longing!


http://jimfourattculturalinstigator.blogspot.com/2016/01/joey-arias-david-bowie-klaus-nomi-sing.html

AS critical as Spotify royalty battle : Supreme Court Declines to Hear Artists' Resale Royalty Suit—Who Wins?

ART WORLD

Supreme Court Declines to Hear Artists' Resale Royalty Suit—Who Wins?

Brian Boucher, Tuesday, January 12, 2016

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Chuck Close.
Photo courtesy of Michael Loccisano/Getty Images.

The Supreme Court has declined to hear an appeal in a California lawsuit brought by artists including Chuck Close and the estate of Sam Francisagainst auction houses over resale royalties.

Both sides are interpreting the results to weigh in their favor.

The California Resale Royalties Act of 1976 requires auction houses to pay a five percent royalty to artists when their works sell at auction for more than $1,000, including to parties outside California. A California appellate court ruled in May that the part of the law applying to interstate commerce was unconstitutional, saying that it violated the Commerce Clause.

The artists sued Christie's, Sotheby's, and eBay for failing to pay royalties for some sales that were conducted in California.

Sotheby's New York.
Image: Courtesy of Sothebys.com.

“We are very pleased with the decision of the Supreme Court," said a representative of Sotheby's in an email to artnet News.

A supporter of resale royalty similarly interpreted the decision in his own favor, pointing out that the core of the California law still stands.

“I don't view this as a negative," said Theodore Feder, president of the Artists Rights Society, in a phone interview. “The appellate court decision confirmed the overall act while excluding the portion that can be viewed as applying to out-of-state sales, so the law stands without that phrase, and the Supreme Court upheld the California law without it. The California court could have called the whole thing unconstitutional, but did not."

The plaintiffs also include Laddie John Dill and are represented by Ira Bibbero, in the California office of Browne George Ross LLP. He did not immediately respond to a request for comment.

The California court remarked that that the "invalid clause," the one relating to interstate commerce, is “severable" from the rest of the Act. The result of that court's decision is that the rest of the law stands.

Resale royalties are “a fundamental right enjoyed by artists around the world that we hope will finally be accorded to American artists," Federtold artnet News in 2014. ARS, as an outside party in the case, filed an amicus brief in support of the plaintiffs.

Nicholas M. O'Donnell, of Sullivan & Worcester, told artnet News that the Supreme Court's decision doesn't necessarily indicate a position on the merits of the California law, saying that the Court typically takes cases when different circuits have issued contrasting opinions, which is not the case here.

Many artists have long felt that, when their works sell at auction at dramatically higher prices than the original sale price, they ought to get a cut, and some lawmakers agree.

New York Representative Jerrold Nadler has repeatedly put forth the ART Act, which would provide a resale royalty of five percent of the sales price, up to $35,000, for any work of visual art sold at auction for $5,000 or more. The royalty would apply only to auctioneers that have sold at least $1 million worth of visual art during the previous year.

Nadler has slammed Christie's and Sotheby's, saying that the houses pushed for concessions in the act but finally failed to support it despite winning those concessions. He says they negotiated with him in bad faith.

“If you're a proponent of resale royalty, the Supreme Court declining to hear the case underscores the case that a national policy is needed," O'Donnell said. “Of course, we do have a national level policy—there are no resale royalties. You could argue that this decision indicates a reason to unify things.

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Jerrold Nadler Leads Renewed Push For US Artist Resale Royalty Rights

Eileen Kinsella and Brian Boucher, Thursday, April 16, 2015

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New York Representative Jerrold Nadler.

Will the third time be the charm for artists' resale royalty rights in the US? Proponents of such legislation see reasons to be optimistic. Three Congressmen have resubmitted the ART Act, which they say would support artists by allowing them to get a cut when their artworks sell at an increased value at public auction.

The ART Act would provide a resale royalty of five percent of the sales price, up to $35,000, for any work of visual art sold at auction for $5,000 or more. The royalty would apply only to auctioneers that have sold at least $1 million worth of visual art during the previous year.

Democratic Congressman Jerrold Nadler of New York is championing the bill along with senators Edward Markey (D-Mass.) and Tammy Baldwin (D-Wisc.). Nadler has spoken out in the past, saying that while auction houses like Christie's and Sotheby's won various concessions in the legislation, such as including online auctioneers like eBay and capping the possible payout, they still don't support the act (see New York Representative Jerrold Nadler Slams Christie's and Sotheby's).

“The creativity of America's visual artists is a currency that should be properly valued," Markey said in a statement to artnet News, “and the ART Act ensures they are fairly compensated for their work. More than 70 other countries provide visual artists' copyright protections for their intellectual property, and the ART Act brings the United States in line with the international community so that American artists can receive reasonable royalties when their works are sold overseas."

The sponsors of the bill note that while recording artists or publishers earn royalties from each purchase of their works, visual artists are unable to profit when, say, a painting or sculpture bought for a few thousand dollars early in an artist's career fetches millions at auction.

Opponents of the bill argue that it will benefit only a small number of artists, specifically those artists who are already successful and thus don't need the additional income. Christie's auction house argues that galleries and dealers ought to be subject to the law as well.

Under the scheme, royalties would be collected by visual artists' copyright collecting societies, which would have to distribute the royalties to the artists or their heirs at least four times annually. The legislation would allow American artists to collect royalties when their works are sold at auction in the E.U. and more than 70 other countries. Another provision of the ART Act would require the Copyright Office, after five years, to evaluate the effects of the royalty payments on the art market and look into expanding the scheme to cover works sold by dealers and other art market professionals.

Proponents of the legislation were encouraged by hearings last summer, when the House Judiciary Subcommittee where Nadler is the ranking Democrat focused on resale royalties and copyright terms, among other related issues (see US Lawmakers Give Artist Resale Rights Another Look).

Proponents were also  encouraged by a December 2013 Copyright Office report supporting the notion of a resale royalty in the US—in effect a reversal of a position it had adopted in the 1980s after Congress referred questions to the Copyright Office.

At the close of the second session of the 113th Congress earlier this year, on January 3, the relevant bills were among those not passed by the House and Senate (see No Artist Resale Rights for Us, for Now and New "American Royalties Too" Bill Would Allow Resale Royalties for US Artists).

"After all these years, we now see a very positive outlook for the legislation," Theodore Feder, president of the Artists Rights Society, told artnet News. His involvement dates back 25 years when he was first working with Senator Ted Kennedy on this issue.

"This is a very live issue," said Bruce Lehman, chairman and president of the International Intellectual Property Institute. Lehman, who was in charge of intellectual property during the Clinton administration, said there are indications momentum is gathering: "We may be, perhaps, on the downhill slope from where we started five or six years ago," when legislation was first introduced, he said.

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Glam Rocker Brett Smiley, Original Star of Broadway's OLIVER!, Dies at 60

There was another death this weekend of a glam rocker and gifted songwriter

• .Brett Smiley was "discovered" at 17 while on tour starring in OLIVER  by Rolling Stones producer Andrew Loog Oldham and whisked to London to record. Dubbed the "most beautiful boy in the world", during the glam moment in pop music .. Bowie, Jobriath, Marc Bolan.. it was a time when being a man and being "beautiful" was allowed . Smiley should have been a huge star ...but the music business ...ah the music business,  I met Brett in Hollywood in the 70's after he returned to the US  .. not a star but still a beautiful boy. His actress sister Brenda Smiley had been in my class with Lee Strasberg and had starred on Broadway,  Bret appeared in a number of films including playing Prince Charming in an adult version of Cinderella. And he remained in my  life as a friend up till he passed last thursday. He was like a wounded bird who refused to stop flying.  Life had not been fair to  him , yet his flame of creativity never dimmed .. rest in peace Brett ... do check out his records ..they are around .here are a taste: . BRETT SMILEY Space Ace ,  Brett Smiley Va VA Voom Wake Wed and Funeral Mass Thursday in Brooklyn

Glam Rocker Brett Smiley, Original Star of Broadway's OLIVER!, Dies at 60

WOW Eileen Myles and Jill Soloway Golden Globe Red Carpet! Poet extraordinaire and Transparent creator have found each other

Is it too early call these two COUPLE OF THE YEAR..

now I understand why Eileen Myles (seeded by Frank O'Hara) poem at the St Mark's Poetry Project New Year's Day Marathon last a full 43 seconds, She want to jump on a plane back to LA to be with Jill ,,,







wonder whose idea it was for Jill to cut her hair short  (hot)?

Do Not Miss these AMERICAN REALNESS performances at the ABRONS Art Center this week

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Penny ARCADE, John GIORNO, Thurston MOORE, John S HALL, RENO, Joseph KECKLER Yoshiko CHUMA Jonas Mekas Look who read at the annual St Mark's Poetry Project Marathon Reading on the the first day of the new yea

For 42 Years ever since Anne Waldman came up with the idea of a marathon poetry reading as a benefit for the St Mark's Poetry Project on the first day of the New Year there has been this poetry reading in the Sanctuary of St Mark's Church in the East Village formerly known as The Lower East Side. Ginsberg, Di Prima, Corso all read and Patti Smith has been the highlight in recent years,  This year perhaps because of the darkness in the world we live in today was about as good as the Poetry Project marathon has been in years. Despite no Patti (she was in SF doing three shows ) the sanctuary sizzled with poets, dancers and musicians on fire with passion and insight , I spent about four joyful hours sitting in Church  (rare for me) and being reminded of why, despite all the horrendous changes in our neighborhoods due  to the stranglehold the real estate industry has on the city, we who have figured out how to still love living in New York City and why, Downtown is now an attitude spread over the boroughs and not just physically locate in downtown Manhattan ..This is why we all show we all showed up on this the first day of 2016 . I missed some friends ( Philip Glass, Martha Wilson , Sarah Schulman, David Henderson, Todd Colby, Emily XYZ, Tom Savage, Jennifer Bartlett, Church of Betty, and ran out of battery just before Eileen Myles got up to read the shortest but most sticky poem of the day. I have already posted on Facebook the heart stopping call to arms of Pamela Sneed and Patricia Stills. Here are some of the highlights that I was able to document. Sad to say I was not able to shoot Anne Waldman, but others did. So take a moment to imagine yourself comfy in the Marathon hall or the side room wth food to eat, book full of poems to nourish the spirit and the catch up conversation that usually only happen once a year

I  there just as Nurit Tilles sat down to stride piano the hall   
I am going to upload some of the acts that followed

 dawn landry martin

The Poetry Project Chair John S Hall ( who had an indie hit song a few years back called "Detachable Penis"  show the power of poetry to look into a dark room and see hope        

Yoshiko Chuma and her dance company the School of Hard Knocks is synonymous with creative vision downtown. For the last few years she has traveled to troubled hot spots to create work as she did in Palestine.  Working with everyone's favorite new musician on the scene the composer and performer Dane Terry (see him in this year's Under the Radar at the Public Theater this month ) She shocked the room with a powerful dance discourse on fear 

 Joseph Keckler, multi-disciplined artist and singer extraordinaire returned from Artist-in Resident commitment  just in time to sing to us a song written by the downtown "nature chanteuse"  Carol Lipnik and had audience on their feet when finished .

The musician and writer Thurston Moore picked up Keckler's energy and read a poem about a recently passed poet who had been a regular reader.

Penny Arcade, performance artist. and reality check activist shared a part of her recent multi-awarded Edinburgh/London  hit "Longing Last Forever"  (one performance at Joe's Pub this month before she takes it to  Australia ) and when finished had again the audience/community on their feet exhilarated by the power of her words

93 year old Jonas Mekas, founder of      the Anthology Film Archives is

a flashpoint for who is missing

 (Taylor Mead) and who is still here 

John Giorno is with Anne Waldman the true link back to the beats and Boroughs and the spirit of the 50's and 60's beat poets. Penny Arcade calls him her mentor. In this moment of religious fanaticism on all sides Giorno lassos the truth and parades it around like a becalmed show horse.  

RENO

there were so many good performances at this  Poetry Project this year .... but here is a little taste of what the upcoming show that Reno will be doing at Dixon Place : A very public note about the 2nd amendment and guns..

The above are but a taste of the magic of words spoken  out loud by a living human beings to other living human beings gathered in community to celebrate the power of poetry in word dance and song. 

(cc) Jim Fouratt 1/2/16 nyc 

Thompson Family Album | Extended Trailer

I loved watching this trailer ... now to find the record .. I also thought about the power of friendship .. Teddy guested a number of time on the McGarrigle sisters family shows .. he was good friends with Rufus and Martha and Kate thought the world of Teddy she always had a thing for bad boys .. I suspect that hanging with that complicated, musically gifted family gave Teddy the idea abou his own family.