Life from a Southwest Point of View
Iris
The iris were gorgeous last week at the BioPark. For my iris-loving friends, I am sorry I do not have the names of these – they were not marked. But, I think you can still enjoy the beauty of the flowers. They were everywhere throughout the BioPark.
Copyright Registration and Protection of Artistic Work in the U.S.
Copyright laws are very complex, and they are different all over the world. This post is directly relevant only to my artist friends (photographers, painters, etc.) in the U.S. The internet has made protection of one’s work difficult the world over, although it has, at the same time, made work much more accessible, a benefit for artists.
(Disclaimer: I am a photographer very interested in protecting the rights in my work. These are some of the things I have learned and some of the things I do. For legal advice, always consult an attorney well versed in copyright law. It is complex and is in the process of changing.)
In the United States, copyright is guaranteed in the Constitution itself. It is not in an amendment; it is in the Constitution itself! This leads to a couple of interesting facts. Copyright laws are written and revised by Congress (so don’t expect changes to occur at breakneck speed these days). Perhaps more importantly, depending on your point of view, copyright cases are heard in Federal (not State!) courts (have you ever heard the expression, “don’t make a federal case out of it?” There are reasons for that expression! Federal lawsuits are very expensive and time consuming!)
I’m always a little surprised when I realize that the only people I actually know personally who have registered their copyrights in their art are the instructor (an attorney/photographer) I had for a class, “Legal Issues in the Digital Arts” and I. In the U.S., an artist owns the copyright in his/her art from the moment a work is created (unless it was a “work made for hire” or for some reason the artist transferred the copyright). In the U.S., however, an unregistered copyright is pretty meaningless in cases of infringement.
Here is the U.S. Copyright Office Circular with which every artist in the U.S. should be familiar:
Among these advantages [of registration] are the following:
• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
The short and the long of it is, if you are an artist who wishes to protect his/her works against infringement, the works need to be registered in the Copyright Office. And, for full relief in infringement cases, including statutory damages and attorney’s fees, the registration needs to be done within three months of publication (consult an attorney about how the Copyright Office interprets “publication,” if in doubt) or prior to infringement.
“It is expensive” and “it is too time-consuming” are two of the reasons I hear over and over from fellow artists who do not register their copyrights.
Continue reading “Copyright Registration in the United States”
Clematis – a beautiful vine that can have very large flowers that come in a wide variety of colors. It grows well in the high desert of New Mexico, and is one of the first things to bloom in the spring. Depending on conditions, it may bloom again in the fall, but the fall bloom rarely matches the spring bloom.
“The President” has large purple-blue flowers, with reddish-purple anthers, making for a spectacular display at its spring bloom.
These images come from my mother’s garden on May 5, 2013.
Clematis can make a very good companion plant for climbing roses. The vine can use the rose canes for support, but does not “choke” the rose. It will bloom first, usually before rose blooms appear. It will finish blooming about the time the roses start to bloom. The rose provides the “shady feet” the clematis needs to thrive, which is important since the vine itself needs sun.
This clematis, ‘The President,’ is not planted with a climbing rose, but is planted near ‘Gold Medal.’ It is a stunning combination when the two are blooming together.
Clematis – a wonderful addition for a spectacular and early spring bloom!
Spirits of the Old Adobes
I am very happy to announce that this image from my “Spirits of the Old Adobes” series was selected by Julie Saul, Juror, for Honorable Mention in the Professional Women Photographers Spring 2013 International Women’s Call for Entry.
With over 1300 entries, I am honored to have this image included among Ms. Saul’s selections. The image will be featured in a one-year online exhibition on the Professional Women Photographers’ website.
The image, and the series from which it comes, are dear to me. The series combines images from the Adobe Project with Day of the Dead images from Fall, 2012. Both are very “New Mexico,” and to see the composite recognized by Professional Women Photographers is an honor of which I am very proud.
Thank you, Julie Saul and Professional Women Photographers!
More ‘Spirits of the Old Adobes’ can be seen here.
Redbud trees – where I grew up, these trees are quite common in early spring. I have seen them in Albuquerque, but they are not so abundant here. The common variety in Oklahoma, native to the region, is Cercis canadensis var Texensis or “Texas redbud.” It is beautiful and hardy. The Albuquerque Biopark has examples of that variety, and they were blooming on Saturday. There is also the Eastern redbud, along with its many varieties.
The Biopark has another variety of redbud, Cercis canadensis var. texensis ‘Oklahoma.’ It is the State Tree of Oklahoma. To be honest, until last Saturday I was not aware of differences between the two, or even that those two varieties existed. In walking through the BioPark, however, I turned a corner and suddenly came upon one whose flowers were darker, with much more intense color, and really markedly abundant flowers. Fortunately, that one had a marker. The common redbud is a beautiful tree; the Cercis canadensis var. texensis ‘Oklahoma,’ is, in my eye, even more beautiful.
These images are from Saturday, April 6. Yesterday and today (Monday and Tuesday, April 8 and 9) we have had strong winds. I doubt many spring blooms remain, not only at the Biopark but around town. The best of the spring bloom was short-lived, but glorious while it lasted. There are the summer-blooming flowers to which to look forward: roses, hibiscus, cosmos, sunflowers, and many others. Spring bloom 2013 has been glorious!
Spring bulbs – tulips, daffodils, and others were seen in colorful abundance at the Albuquerque Biopark on Saturday. I was really glad I made it out then, because all were just beginning to look a little worn. Today (Monday) we are having high winds, and I doubt photographing the spring bloom will be as good after today as it was on the weekend.
This is just a sampling of Saturday’s spring bulb beauty.
Yesterday so much was blooming that the beauty was almost overwhelming: flowers on the ground, and flowering trees. The air was filled with sweet scents wafting by.
Images of the redbuds will be posted in a subsequent post.
Here are images of two of the flowering trees with white blossoms. I do not know the names of these trees, only that they were beautiful and had a wonderful scent. The images do not begin to convey their beauty in reality.
Pansies – one of the early spring flowers here in Albuquerque seemed to be at their peak today at the Albuquerque Biopark. Actually, there were also glorious bulbs, flowering trees and shrubs, and color everywhere. This post will show you the pansies. They always make me smile, and I hope they brighten your day as well. Other images from today will be posted in subsequent posts.
And, finally, the pansy I call “the Rohrschach pansy.” 🙂
Trees
Warmer days of Spring have finally arrived in Albuquerque, and the trees are beginning to respond.
One of my favorite trees is the Japanese maple. Even in the best of years, Albuquerque is not the ideal spot to grow a Japanese maple – too hot and dry. By the middle of summer, mine definitely shows it does not belong here. But it is glorious in the spring. It is just now barely beginning to show tiny leaves.
Another maple, a silver maple, is beginning to drop its seeds. I love these – they spin through the air as they fall, and kids of all ages love them! There is not much hope for this one, however. It fell on dry, parched, cracked earth from the several years of severe drought of which we remain in the midst. It is only early April, and the city has already announced that fines have been doubled this year for water violations. One month last year I got a whopping surcharge (not a water violation charge) for using more than I should have, and I can guarantee that this year I will not get a surcharge or a water violation charge!!!
When we are not in the midst of severe drought, birch trees do pretty well in the Albuquerque area. Mine this year are producing a bumper crop of the male catkins, which I almost think of as a bad sign, almost a desperate attempt to reproduce before dying, which one of my birches seems to be considering. The catkins are quite attractive in the spring, as the female cones are later in the year.
Spring brings hope, and this year is no different as I see the trees in this part of the seasonal cycle. But all around me, I also see the effects of a severe drought we have been in for several years now, with no sign of relief in the near future. As water restrictions require me to cut back on watering, the trees will be the last thing I let go, because they are so important in providing shade, nesting spots for birds, and many other environmental factors. And I keep hoping for rain. . .
Stabilizing Adobe – easier said than done!
Adobe has been a long-used building material in New Mexico. As noted before, many adobe structures are weathering away, because lifestyles have changed and people no longer have the time to spend on the required maintenance.
Adobe is beautiful, and many ways have been and are being tried to create more stable adobe. This adobe wall shows two things – the adobe bricks are not placed on the ground, but instead on top of a cement foundation, and the wall is “capped” with something other than plain adobe. The goal of the former is to prevent absorption of water from the ground. The goal of the latter is help slow down the weathering of adobe from rain, wind, etc.
When we take a close look at that stabilized wall, however, we see that the adobe bricks are gradually weathering away, in spite of stabilization efforts.
As I have noted many times before, weathering adobe walls are commonplace in the New Mexico landscape. In spite of my awareness of this, I was surprised a couple of weekends ago when I turned a corner at the Biopark and saw this image:
Those are some major supports being used to keep a wall standing! Here is another view of those supports:
This close up view of what was covering the wall looks like stucco with cement and/or asphalt, the kind of covering that possibly kept the underlying material from breathing. I suspect the wall supports were added after this covering failed to stop the “melting” of the underlying wall, although at this time I do not know that for a fact.
Adobe is beautiful. It is “natural.” It blends into the landscape. It is “dirt cheap.” Those are just some of the reasons to love adobe as a construction material. But, and this is major, adobe requires constant maintenance.
