Tuesday, November 17, 2009
Maine Taxpayer Funded High Growth Capitalism- A Letter to The Editor of The Boothbay Register
Dear Senator Trahan and Representative Bruce McDonald,
I wrote to you couple of days ago about The Small Business Growth Fund.
This fund was created in 1995 and appears to be a state government investment in private entreprership for high growth companies doing "public good" (which raises the question who decides what is for the "public good"-does the taxpayer have a voice in this or just the fund managers ?)
I asked what does the taxpayer get out of it? I would think that if tax-payers have invested in a private investment company that this information would be readily available and assessable to the general public but I cannot find it.
I would assume that if every dollar the taxpayer puts in is matched by nine dollars of private investment, that the taxpayer is a 10% shareholder in the company- But as I have never seen this stated, it remains only an assumption.
On the basis of that assumption, it leads to the question- Why is our state government in so much debt? I saw pitches at the Juice Conference that speculated profits in the billions. If this is the sort of "high growth" that SBGF invests in, then, why haven't the taxpayers, like the good citizens of Alaska, under the governorship of Sarah Palin, received dividends in the mail?
Is it because of the even higher costs of our state entitlement programs?
Entitlements help, especially when people do not have jobs- but even slaves have entitlements. Entitlements are an investment that slave owners have to make to maintain their assets.
Where are the "opportunity" programs for the small scale and modest growth sector of the micro-economy- which is clearly excluded from investment by the taxpayer- funded Small Business Growth Fund?
We need a new category for the small business sector that is not classifiable as "high -growth" capitalism or non-profit organizations. This is truly the private sector micro-economy- those small businesses on "Main Street", that we heard so much about when our Federal government was selling TARP to the public. We haven't heard anything about Main Street since then but the credit freeze is still alive and well on Main Street whose primary source of capital investment is self-generated profit, which ,with many small businesses filing as S-corporations,(profit reported on individual returns) will be taxed heavily if self-generated profit exceeds $250,000.00. Then the private citizen will be taxed to an increased degree in order to fund our ever expanding federal government and to pay the interest on our federal government's rapidly escalating debt.
Where are the "opportunity programs" for the people? The United States is transforming from the land of opportunity into the land of entitlements. If there was a growth in opportunity, there would not be such a large need for entitlements. When the House was first formulating the "Stimulus Bill" they called the small business sector " the engine of new job creation" and then allocated 200 billion dollars for food stamps and $450 million for loans for small businesses, which includes the "high growth" businesses that are exclusively favored by Maine's Small Business Growth Fund. Add to that continual extensions in unemployment and a federal administration that only recently got the idea that maybe it should focus on job creation- this after months of promoting the citizens of this country to "volunteer" service. Once the citizenry is programmed to accept that they MUST volunteer service, the dots can be connected between receiving entitlements and "mandatory" volunteer service- and there you have it- the people of the United States squarely become the slaves of concentrated power and wealth.
The Small Business Growth Fund was created by our state legislature in 1995. Times have changed. Where is the Small Business growth fund for small scale and modest growth companies, which are the foundational basis of a flourishing middle class? My family business was started in 1952 with the philosophy of creating a hand made product affordable to the middle class. In those days the middle class was flourishing and the distribution of wealth took the form of a bell curve, with the greatest amount of wealth distributed among the greatest number of people.
Both sides of the political divide agree that we need to move back to a more equitable distribution of wealth- but all the solutions for doing so are targeted at funding and stimulating growth at the top. This is not working! When is someone in government going to get the revolutionary idea of stimulating growth at the bottom to middle sector of the economy? Where is the Main Street Economy Growth Fund? It is in our self-generated profits, capped at $250,000.00 before being heavily taxed to fund the hegemony of concentrated power and wealth that is the new face of government.
Sincerely,
Mackenzie Andersen
East Boothbay, Maine
Saturday, November 14, 2009
Is this a time when there is advantage in slow growth investments?
But I am also wondering what the “high growth” entrepreneurial investors are thinking- Aren’t they also faced with having the chunks of their profits extracted to fund a rapidly expanding federal government, complete with jails to house the offending citizens who do not comply with government –mandated expenditures?
In light of the darkest potential legislation becoming a manifest reality, why isn’t there a movement to slow growth investment? - This in the hopes that the current powers that be will be eventually replaced with more business friendly powers?
A slow growth business can remain below the proposed target for tax increases on profits and defer higher growth for later years when profits are not increasingly extracted to finance an expanding federal government.
Even as Andersen Design considers the option of moving our medium priced production overseas- we hope to maintain a high end, one of a kind production studios in the United States, which might survive as a slow- growth- under- the radar enterprise until the United States finds it’s way back to it’s constitutional roots. Then- it can be poised to grow at any pace.
Just a thought from outside of the “creative economy”. We need a genuine outsiders movement- even the Tea Party movement is indifferent.
Saturday, October 24, 2009
A Vision and A Process
Joe was so inspired by the production process that he went on to study ceramics at Alfred University. He has since been involved in the ceramic business but we had lost contact with him.
My sister Elise volunteers her “service’ to the local land trust- (Yes – this is even before being promoted by our presidential family to do so). Elise helps to organize the Boothbay Region Boat Festival, which takes place at the shipyards around the bend from us in August. Last August I saw a slip-cast ceramic whale by a young artist, both different and similar to our work, similar enough so to say that the influence is there. I asked my sister about the work and she told me than she had put the young designer in contact with Joe.
When I saw the competition for a small business grant that the Juice Conference is offering, I formulated an idea for the grant and wrote to Joe for an estimate on doing molds. A few years back, Joe had done a block mold for us when we had a large order of baby penguins for the Smithsonian catalog.
After I had composed my introduction and contacted Joe, I learned that the grant process was an America Idol style oral run-off- and so did not pursue it, but none the less a process had been set in motion, merging with the larger process that began in the 1940’s when Eva Zeisel taught her land mark class in slip-cast ceramic production and a young man by the name of Weston Neil Andersen was a student.
When I called Joe I asked to have the block mold for the baby penguin, which I had never seen. The block mold makes the production of production molds very easy. I am interested in having block molds made of all our small sculptures, which was the basis of the grant proposal. Joe was planning a trip our way and said that he would stop by and deliver the block mold.
Last night Joe stopped by and we had a most interesting and inspiring meeting. It seems that Elise’s introduction of the young designer had set yet another stage of this decades long process in motion. Joe’s is a man fascinated by the mold making process and the design and management of a ceramic production shop. He does not want to do the actual production work but to be involved as a manager who oversees the process on a weekly basis. He has a colleague in New Hampshire who wants to set up a production shop and is ready to go but it hinges on the young designer, who wants only to design and market. The designer is going to the Atlanta and Rosen Shows with his own work and hoping to bring back enough orders to justify the financing of the project. Joe has another long-time associate who is their financing specialist.
Meanwhile, we have been side tracked this year with large projects not specifically related to our field. This has competed with our time and energy for focusing on sales- but the opportunities have been knocking on our door unsolicited. We are currently in the preliminary negotiation phase with three different enterprises that promise to yield quantity orders. We are also experiencing calls from former retailers with whom we had lost contact. The classical success of our line is a draw in these difficult times. Our line has retained its marketability for over half a century through out many fluctuations of the economy.
I was amazed to be sitting in the room listening to someone else as inspired and focused on the entire process – from design- to production – to sales and financing of a ceramic production enterprise. As I have written in my VISION statement, this enterprise hinges on love of the work and appreciation of the life style, and Joe clearly has that love and understanding. He was speaking about associates with whom he had a substantial history of dealings. We, ourselves, are a part of that chain of connections. Here I was listening to someone describe the emerging manifestation of the concepts expressed in my VISION statement, written a number of years ago. - And we are the link that can make the collaboration whole- not only because we can supplement orders should the young designer fall short of his goal and add to orders if he doesn’t- but because we have been involved in every aspect of the process for years-and we would like to have more time to focus on design, ceramic art and marketing – which is complementary to the project that is currently formulating.
It is formulating during a time when congress is discussing bills that may drastically alter the way business is to be done. If worse comes to worse and bills are passed that cripple the American economy with the highest taxes we have ever seen while simultaneously skyrocketing the cost of energy for every American -there is a back up plan. We would then look for a different nation in which to produce our medium priced line, while focusing on an upper end Art line here. Joe has experience dealing with overseas productions. Andersen Design has been recognized for art and design through our history and so we are poised to make this kind of transition. If best comes to best and taxes are left alone or even reduced and the Cap N Tax is defeated we can do both a medium priced line and develop a higher priced line in this country.
Andersen Design will be finishing the bisque ware in our own studio- at least initially. Our glazes are all of our own invention and are part of what distinguishes our work, only one other company has ever produced a line with our glazes and that is because a former employee stole the recipes from us. That company has since gone out of business. We also love the process and look forward to an opportunity to devote more of our own time and energy to that process. We expect to be developing more one of a kind work, which complements production work and often generates ideas for more production pieces.
In order to make this really work, we need to build a new ceramic finishing production here. This will provide interesting Maine Jobs- while the bisque ware production will provide interesting New Hampshire jobs. We will need to find financing for the new facility and possibly other costs.
Friday, October 23, 2009
Green Energy Grants tied to Small Business Survival?
We would also like to develop an plan for transforming our family business into a private economy business that we can leave to the benefit of future generations- and since such a plan would involve creating new production spaces, it could be designed as an energy efficient, environmentally controlled building. I do not know how any manufacturing can survive in the country if energy costs go up 40 percent unless they have access to an inexpensive form of energy such as windmill technology is reported to be.
Slip-cast production provides for meaningful and satisfying work. Our best employees have always come from the deeply rooted Maine community. Meaningful work is important to well being. It took years of difficult struggle to get our business off the ground through bootstrap capitalization. It would be a shame to see it lost forever.
But these days with Obama targeting those making over 250 thousand dollars for escalated extraction of funds to finance a rapidly increasing federally controlled government, even boot-strap capitalization is being threatened. Small businesses that file as s-corporations report business profits on a personal return. The profits reported on personal returns are used for both personal expenditures and re-invested into the business as "boot-strap capitalization”. The more the government extracts to fill its own pockets, the less there is available for the bootstrap capitalization of the small business economy
The upside – maybe this is a good time for investing in slow growth businesses, that might see a escalation in profitability in the future, when we may have a more private economy friendly administration.
Friday, August 28, 2009
A Modern Day Civil Revolution n the USA
While the radical left has a highly developed community organizer network- now in charge of writing legislation which Americans have elected our representatives to write- the opposition has talk radio and cable news, of which, continued existence is threatened by the legislation that is attempted to be enacted through Congress. We have Fox news they have Apollo Alliance and the president is sending the message to the American public not to listen to cable news, which is likely factoring in to the steadily growing audience of Fox News.
Friday, August 21, 2009
Thoughts on Continuing The Art Of Handcrafted Productions
Monday, August 03, 2009
Constitutional Watchdog
If you are concerned about the rapid transformation of this once free union of states into a land controlled by one huge federal bureaucratic oligarchy, then Glenn is asking you to operate as a roving private sector investigator. Beck suggests selecting a specific focus for your investigation and requests that you report on your findings to GB headquarters, Constitutional Watchdog.
As those who follow Beck know, Glenn’s show is an ongoing narrative about the transformation currently undergoing in The United States and around the globe. Beck believes that our community organizer-president is constructing an alternate government network while simultaneously instituting programs that will undermine the constitution of the United States and weaken us a nation. As I write, the words strike me like an extremist point of view, and yet, everywhere I go people are concurring to a surprising degree in a state that voted for Obama in the national election. People are waking up at last to what lies beneath the smooth persona that Americans elected to the presidency of this great nation.
My area of choice is online agreements, which also happened to be the topic of the day, sent to Beck via a citizen alert. The online agreement discussed by Beck is found at Cars.org as part of the Cash for Clunkers campaign run by the federal government. Beck strongly advises against logging on to Cars.org since the online agreement states that while logged on the visiting computer becomes government property. Potentially this allows the government access all the files on one’s computer. One might ask why does the government own my computer because I access a government site- but as far as I know, no reason is given. This is the nature of online agreements in which a powerful organization, company- or in this case, the federal government, dictates the terms to all the users on a take it or leave it basis, often throwing in mysterious mandates for which the powers that be admit of no need to justify.
Now I have seen the Cash for Clunkers coverage on CNN. CNN is discussing how you can find out if your “clunker” qualifies. CNN is telling the public that you can find out by going to Cars.org. CNN does not mention the terms of agreement, which specifically states “"This application provides access to the DoT CARS system. When logged on to the CARS system, your computer is considered a Federal computer system and is the property of the U.S. Government." There is only a nudge to hurry up and do it because the first money is already running out and maybe Congress will not approve more- so rush rush rush to get yours.
Every bit of our money that the government is spending has strings attached if and
when the government gives any of it back to the people. The strings attached to the “Stimulus” funds transfer power from the states to the federal government ( See suggested Maine State Sovereignty Resolution Here). The Cash for Clunkers takes the privacy rights from those who skip reading the Terms of Service Agreement before logging onto the DoT.CARS system. We all know that with the plethora of online agreements connected to ubiquitous online functions that it has become common practice to accept the terms of agreement without reading it. The online Terms of Agreements are one-sided , written in the interest of one party. I some instances they claim rights that can be legally challenged provided there are those who want to use the court system for that purpose and judges that will fairly hear the cases. Even our courts are politically influenced by the powerful and often the dockets are overwhelmed.
This is why I have chosen online agreements as my Constitutional Watchdog focus.
I sent my first alert to Glenn Beck as soon as I heard the announcement of Constitutional Watchdog and then I started a topic on my meetup group The Art of Handcrafted Production. I do not know if my alert will get the attention of the Glenn Beck Show since there are so many people writing to Glenn Beck. That is why we need many Constitutional Watchdog sites to publish citizen reports. I expect that others will have the same idea and so, as I discover other sites that are part of the Constitutional Watchdog movement, I will list them on this site.
More on the first alert that I sent to Glenn Beck in my next posting.
In the meantime I invite others to list their areas of focus or their websites in theintroduction topic at The Art Of Handcrafted Production.
Wednesday, July 01, 2009
The Struggle of Honduras to Retain it's Sovereign Constitution
Miami Herald Headline Honduras crisis shows Latin America's weaknesses. The story reports that all branches of the Honduras government opposed Zalaya's unconstitutional attempt to instate a process for his re-election - with the help of Hugo Chavez. The Miami Herald reports that The Supreme Court of Honduras order the military to oust Zalaya and to escort him out of the country. It reports that Obama stood with Hugo, Chavez, Noriega, and Castro in condemning the combined actions of the Honduras, government. Supreme court and military and called their combined actions "unconstitutional".
ABC News Headline Obama condemns Honduras coup. The article describes the coup only as "an army backed coup" failing to mention that the other branches of the Honduras government opposed Zalaya's unconstitutional attempt to extend his reign of power and that Zalaya's attempt to intitate a referendum is unconstitutional because under Honduras law only the Congress is authorized to do so.
ABC then reports that Obama declared the coup unconstitutional and goes on to say "The UN General Assembly has passed a resolution calling for Mr. Zalaya’s "immediate and unconditional" reinstatement. "
Has the government and constitution of Honduras been replaced by a world tribunal- or is this just wish fulfillment by the UN General Assembly?. Since when did the UN General Assembly have the power to weigh in on the decisions of the Supreme Court of a sovereign nation? And what ever happened to Obama’s principled stand of “not meddling” in the affairs of a sovereign nation- Obama's "principled" stand used to justify his delayed support for the people of Iran.
From the Website of the UN General Assembly
Did I read this right ? Is it true that " United States President Barack Obama had also called on all actors to resolve any dispute peacefully through dialogue and free of any outside influence"Joining the 20other speakers from the Americas in rejecting the coup, the United
States delegate said her country had also joined its colleagues in the Organization of American States yesterday in condemning the coup. United States President Barack Obama had also called on all actors to resolve any dispute peacefully through dialogue and free of any outside influence. Her country would continue to work through the Organization of American States to help the Honduran people.
Nicaragua’s representative urged the people of Honduras to arm themselves with courage and let the “putschists” know that their time had passed. All of America, both North and South, rejected their coup, and no more banana republics where oligarchs could continue to exploit the people with impunity existed. Although they claimed to be acting in support of democracy, they acted with bare-faced illogic that went against the region’s recent democratic history.
She particularly condemned the abduction of Patricia Rodas, the Foreign Minister of Honduras, as well as the kidnapping of the ambassadors of Cuba, Venezuela and
Nicaragua. That flagrant violation of international law was an act of aggression against each respective country that would not go unpunished
Obama called the murder of the Iranian people by their own government a "debate" and now he implies that the military escort or a president who is unconstitutionally trying to extend his power, ordered by the Supreme Court of a sovereign state was not a "peaceful resolution".
What a wordsmith is our president!
Sunday, June 28, 2009
Letters to Congress.
Following is the latest letter I submitted at Congress.org
Dear Olympia,
It seems transparent from your latest news email that you are painting the brightest picture that you can of an administration and a Congress which is adamantly refusing to do anything for Main Street except burden us with debt, taxes and regulations. Even my father, who voted for Obama and will not tolerate any criticism of Obama or his policies, has said to same, much to my surprise.
I would like to suggest that if Obama can bargain with a defense funding bill, and insist that attached to it is a 108 Billion dollars to finance the International Monetary Fund for the “global economic crisis” and in the process creating more debt, taxes – and regulations (as this is what the IMF does) for the private economy of the United States- that those in Congress that wish to preserve, protect and defend The United States Constitution, which is based on individual rights- use the same tactic that Obama is using to advance his own agenda.
If Obama can hide support for the IMF in a Defense Budget- why cant those that stand for the United States attaché several billions dollars for loans to small business in a bill that Obama wants to push through? Please take this suggestion into your consideration. I look forward to seeing in your next email that you are working on a bill that will strongly impact the recovery of Main Street, USA.
Monday, June 15, 2009
In Defense of the Private Economy
I have also posted a discussion about the new campaign started last week by the National Chamber of Commerce- a Campaign for the Defense of the Private Economy. The Chamber is on the same page as my own effort and will be working with grass roots organizations.
I have started this meet up because the economy is at the front of a social war. Many feel that the private economy is under attack. The government created a big stimulus program and all we got was the lousy debt and more and more taxes. Not only does the growth of government jobs outstrip the growth of Maine's private economy, but we are also one of the states with the highest number of non-profit organizations. Both government and non-profits derive their financial support from the private economy so something is seriously wrong with this picture - but it's not going to change unless the people demand it.
Please join in the private economy grass movement. If our economy has a sustained recovery, it will be because of the ingenuity within the private economy- despite the actions of our government-or at least until we can get our government to understand that it is in their interests to support the growth of the private economy.
Friday, May 01, 2009
Andersen Studio starts the Art of Handcrafted Production meetup group
This is a meetup venue for small hand crafted production enterprises to collaborate on our mutual concerns and to stimulate a grass roots economic movement that benefits the Main Street economy.
The Main Street economy is a forgotten faction, which is receiving little benefit from "stimulus" funds while it is experiencing the credit freeze that TARP funds were supposed to ameliorate.
Production crafters are often overlooked by non-profit arts organizations and state-run arts commissions while we contribute to the real wealth of our country, the basis of the real economy from which the funds that finance government and non-profit organizations are derived.
Because we are small, we are often overlooked. As a group of small productions we become a more effective force for addressing government and, if necessary, for promoting legislation, for pooling resources and benefits, and for increasing awareness about the social and economic value that small production crafters add to the cultural and economic landscape.
Not only can we provide jobs, but also we can provide meaningful, interesting and diverse jobs. This is a call for production crafters to unite in the interests of our industry, our country, and for the preservation of an American way of life that is unique and individualistic.
All production crafters, would-be production crafters, entrepreneurs and other interested parties are herby invited to participate in The Art of Production grassroots meeting ground.
Saturday, April 25, 2009
A Message to The Maine Arts Commission
As Posted at http://maineartscommission.blogspot.com/.
As a privately owned small business in the arts, for over fifty years, it is very disturbing to see how "stimulus” funds” are being used. The idea of a “stimulus” is that it stimulates the economy, other wise it should be labeled honestly as “spending”. As far as I have been able to determine, small business (sometimes called “main street”) is supposed to benefit from the “stimulus” funds through the trickle down effect of money spent by entitles that directly receive the funds. The entities that receive direct stimulus funds are banks, businesses that qualify as “too big to fail”, schools”, non-profit organizations, and state governments - all with “stipulations attached” (that is another discussion).
The private economy has to wait until the spending of these other entities trickles down to benefit the private sector- and in that regard, I think the grant deadlines are counter productive to the alleged purpose of the stimulus funds which are supposed to be distributed into the economy quickly. This is a transitional season and the private sector needs those benefits now and so I think the distribution of funds should take place immediately in consideration of the dire economic climate.
I read the mission statement of The Maine Arts Commission but I did not find any mention of a stipulation that says that an organization must be non-profit in order to receive the benefits of our state government arts commission. I also checked out the website for Maine Economic Development, looking for any mention of “stimulus funds” going to the private economy. Dream on.
As a member of a small ceramic art and design family business operating in the private economy for over half a century, we are experiencing, for the first time in our history, that established and well- recognized retail galleries are requesting our work on consignment. This is because there is still a credit freeze affecting “Main Street". The privately-owned small business sector is barely mentioned in the multi trillion dollar-spending bills in which our government is investing America's future, leaving the small business sector to create its own network and its own solutions in order to insure that there will be a privately owned small business sector for the future generations of the United States of America.
As a small business dealing with our own financial crunch, we realize that we will have to develop a consignment policy that will protect us from the risks involved. We need to do this as much for the benefit of ourselves as for the benefit of the context in which we function- that of the small business community - for while others receive stimulus funds, it is the small business community- Main Street, that is left to pull its self up by it’s own bootstraps- which is exactly how we got our start in the first place.
Since the stimulus funds are directed to sources outside of the small business community, I feel that the small business community needs to make its voice felt in the areas that intersects our own fields and demand that if the “stimulus” funds do not go to the direct benefit of the private economy- then at least the spending process should not be hampered from reaching the small business community with unnecessary delays.
In the interest of “re-imagining” the future of the Maine Arts Commission, I suggest that you immediately set up a relationship with the private sector, which is also supposed to benefit from ”stimulus” funds. In the original version of H.R. 1, the small business sector was described, by the House of Representatives, as “the engine that drives new job creation” even as that same bill allotted less to loans for small businesses than it did to conversion to digital TV. Susan Collins and Olympia Snow brought the funding at least up to the level where it nearly matches digital conversion funding.
I hope others in the small business will community join me in the fight to ensure some of the “stimulus” funds go to where the rhetoric said it would go. I am found on http://www.meetup.com/ in the small business category.
And in the meantime I hope the Maine Arts Commission will come out of its cocoon and develop programs to help artists and businesses that are working in the context of the private economy. For starts, we are probably not the only small manufacturer wondering how to craft a consignment agreement that will protect us from the very serious risks involved. The consignment agreements have to take the place of the unfreezing of credit that the billions of dollars given to the banking sector was supposed to do. We are not seeing any of the trillions upon trillions of government spending benefits, even as government spending puts us at risk, and so it becomes our responsibility to demand, wherever we can, that the “stimulus” funds be used responsibly, in a manner that stimulates the whole economy and not just for the temporary benefit of specialized factions.
Friday, April 24, 2009
New England Cultural Database Terms of Service: Undermining Democracy
BOOKS OF INTERESTThe Nonprofit Economy by Burton Weisbrod
The Economics of Art and Culture by James Heilbrun, Charles M. Gray
When Governor Baldacci came into office, he established an economic initiative called "The Creative Economy". Upon hearing the term, I interpreted it to mean "thinking creatively about the economy, but I soon learned that the term intended stimulating the economy through the arts.
In the process of researching the creative economy, I found The New England Cultural Data Base, which is funded or partners with multi-state and non-profit organizations. The New England Cultural Data Base is administered and maintained by The New England Foundation for the Arts, which receives grants from The National Endowment for the Arts
I ithought I would to set up an Andersen Studio account but upon reading the user agreement, I concluded that the agreement is highly exploitative of artists. In that regard, I submitted the following letter to The Boothbay Register and The Lincoln County News and other Maine newspapers.
Below is the latest version of the letter sent to The Boothbay Register on June 11. 2007, and emailed with minor editing to the Governor of Maine
Dear Editor;
I have some major concerns with the New England Cultural Data
Base, which is maintained by the New England Foundation for the Arts, and funded in part with federal grant money through the National Endowment for the Arts and also funded by the Maine State Art Commission, and other state art councils of New England . The New England Foundation for the Arts is a private charity and a tax exempt corporation as well as the entity referenced by ""We," "Us," "Our" inthe New England Cultural Data Base Terms of Service Agreement.It is not clear to me that the New England Cultural Data base has any thing to offer that is not already available through the Maine Arts commission or The New England Foundation for the Arts. Neither of the afore-mentioned organizations have a terms of service agreement. Maine Arts provides an online database of Maine artists and organizations .The New England Foundation for the Arts provides many online reports about the impact of the arts sector on the larger economy, which one can download for free without signing an agreement.
In order to access the services of New England Cultural Data Base
website, or to be included in it's database, it is necessary to create an
account. To do so, one must accept the terms of NECD's agreement, which
states that The New England Foundation for the Arts has"perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable,and worldwide license, to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works and use the content in other works in any form, media, or technology"
After laying claim to such all pervasive rights over the submitted content, NEFA's Terms of agreement requires the user
"to and waive, and never assert, any moral rights to the content"
which is followed later in the agreement by a statement that the user
" WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS"
The user must also agree not to bypass The New England Cultural Databases' homepage or "deep link" to other pages on NECD's website or use it in another medium without their written permission.
However NECD states that it is allowed to deep link to pages of the user's website and access whatever content that NECD base "deems appropriate" This can arguably be interpreted as giving NECD permission to select "submitted content" from the
user's website.The agreement includes a section titled "Good Samaritan Content and Complaint Procedures Policy , in which NEFA makes vague promises that, in some instances, NEFA, at its sole discretion, may decide to protect submitted content from third party copy-write infringement, but NEFA remains essentially uncommitted to taking responsibility in protecting artists from copywrite infringement.
The language of the contract states that "The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon Us to undertake, or refrain from undertaking, any particular course of conduct even so, the account holder must agree to never assert any legal action against NECD and to waive and never assert any moral rights against NECD."
Most of our local non-profit organizations and some of our local art galleries have accounts on this New England Arts Database. I have spoken about this subject with the Boothbay Art Foundation where no one claimed knowledge of how BRAF came to be listed on the New England Cultural Data Base.
I for one have a problem with NECD's agreement. I would like to hear from other artists and art organizations as to how they feel about what appears to be unlimited control over the user's submitted content by this data base agreement.
I would also like to hear from the cultural institutions as to whether they signed up for accounts or if their names appeared on the database in some unknown way. My web blog contains an incomplete list of local organizations that have accounts on NECD. My blog also presents a comparison between the NECD user agreement with the Google user agreement, explaining why I decided to trust Google but not to trust NEFA, from a my layman's reading of the user agreement, which reads as understandable in ordinary language.Why haven't art organizations, including the state arts councils such as
the Maine Arts Commission, demanded terms that protect the rights of the artist?
After all, they owe this much to those whom they represent.As I see it, many of our arts and cultural organizations are non-profits to which the community has generously donated, and I feel there is a moral obligation to protect the rights of the individual artists, but it appears to me that by signing this agreement, arts organizations have failed to protect the artist from copyright infringement, while agreeing to waive and never assert any moral rights or pursue any theory of law against NECD.
Mackenzie Andersen
Andersen Studio, http://www.andersenstudio.com/
Update. This letter was never published in The Boothbay Register. I received a message from the editor that included an edited version of the letter which would be published upon my approval. The edited version deleted all of the direct quotes from the new England Cultural Data base terms of agreement. I did not approve the editor's edit of my letter to the editor.
As of April 2009 The New England Cultural Data base Terms of Agreement remains the same.
I added aditional blog comments on June 04, 2007 , June 15, 2007, June 22. 2007 andIn the June 22 2007 Blog Post I commented that "I personally agree that The NECD TOS is unenforceable, but also take into consideration that it is for perpetuity. It is unpredictable how the future legal climate will evolve. " Looking back in retrospective I can say that our country has changed more than I would have possibly imagined and in a direction that gives more possibility of legal weight tothe NEDC terms of Agreement
Full NECD agreement found here
The following is a list of organizations local to the Boothbay Region, which have signed the NEFA terms of agreement.
THE BOOTHBAY ART FOUNDATION
THE BOOTHBAY OPERA HOUSE BOOTHBAY RAILWAY VILLAGE BOOTHBAY THEATRE MUSEUM
COASTAL MAINE BOTANICAL GARDENS, INCORPORATED BOOTHBAY REGION HISTORICAL SOCIETY
NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION ROUND TOP CENTER FOR THE ARTS, INCORPORATED
FIREHOUSE GALLERY
FRANCISKA NEEDHAM GALLERY
VICTORIAN STABLE GALLERY
MAINE ART GALLERY
WISCASSET BAY GALLERY
LINCOLN FESTIVAL OF THE ARTS
BACKROADS GALLERY
Private Economy Networking
For those of us left out of the loop- i.e. the private economy and non-union workers, it seems we have to find our own way to deal with the huge debt the government is gifting to the people, through our own initiatives.
This especially applies to small businesses since large businesses seem to have ready access to the financial resources of our government.
There exists an online people to people financing network http://www.prosper.com/. I do not have any experience with this network upon which I can offer any advice or recommendation so all I am doing here is letting others know that it exists.
If anyone has any experience with this network, please feel free to comment here.
Or if you have any ideas on how the free and private economy can network together for our mutual benefit, speak up and I thank you.
Friday, April 17, 2009
On all occasions, the emphasis has been to get away from two- party thinking. We are encouraged to look at candidates as individuals rather than representatives of a political party. In fact we are encouraged to register to vote as independents.
The editorial on the front page of the “LOCAL & STATE’ section of The Portland Press Herald read: ” At last an entertaining use fro the Maine State Pier. It’s the perfect place for southern Maine’s conservative Republican fringe to throw itself a full- blown temper tantrum…it’s one of many such events to be held around the country on income tax day to demonstrate that the hard core GOP is mad as hell at President Obama, liberals and the media elite, and is, not, I repeat, Not, going to take it anymore.
Stop yawning, they really mean it this time”
The article went on to frame the Portland Tea Party as a Republican- organized event. Having received the emails about the event, but choosing instead to attend the event in Augusta, I did not identify it as a Republican party event, as it was being portrayed in the Bill Nemitz editorial. I knew that the Republican Project was participating, but, that does not make the event, a “Republican” event. The Tea Party was initiated as a grass roots movement of the people. Whatever party allegiances they currently or formerly adhered to, they were coming together to take back their government. Maine is, after all, the state in which our Republican senators tipped the balance of powers, which opened the gate for the passage of the Stimulus Bill and this, has gone a long way to the dissolution of party line politics in Maine.
I cannot speak for what took place in Portland but the Augusta Tea Party emphasized over and over again that this is not Republican or Democratic Issue. To my point of view the policies of the current administration are so extreme and trying to forcibly push the United States down the road to socialism, that it has finally ignited a full burning flame of constitutionalism that has been on a slow burn for decades.
While nationally televised Tea Parties across the nation drew crowds that peaked at 370 thousand (and still counting), the group at Augusta was around four or five hundred people. Smallness has it’s own advantages and in this case it is that any one could take the mike and speak to the crowd. It was the voice of the people telling their own stories. All ages were represented. Pete the Carpenter is your archetypical Maine carpenter, speaking with a down east accent and the sincerity and urgency that brings to life the first American Tea Party that ignited the American Revolution that brought about the creation of The United States Constitution- but the emphasis in the current Tea Party movement is on a civil revolution. The crowd was urged to participate in politics from the local to the national level, including the call to run for office. This is a people’s movement. The only party affiliation is the American Tea Party. This is the voice of all the people who are fed up with the policies coming out of Washington and the gradual erosion of the United States Constitution. It is a call to bring America back to its constitutional roots.
Monday, February 16, 2009
Obama Signs Presidential Determination Allowing Palestinians Loyal to Hamas to Resettle In US
Presidential Determination No. 2009-15 of January 27,
2009
Unexpected Urgent Refugee and Migration Needs
Related To Gaza
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and
the laws of the United States, including section
2(c)(1) of the Migration and Refugee Assistance Act of
1962 (the ``Act''), as amended (22 U.S.C. 2601), I
hereby determine, pursuant to section 2(c)(1) of the
Act, that it is important to the national interest to
furnish assistance under the Act in an amount not to
exceed $20.3 million from the United States Emergency
Refugee and Migration Assistance Fund for the purpose
of meeting unexpected and urgent refugee and migration
needs, including by contributions to international,
governmental, and nongovernmental organizations and
payment of administrative expenses of Bureau of
Population, Refugees, and Migration of the Department
of State, related to humanitarian needs of Palestinian
refugees and conflict victims in Gaza.
You are authorized and directed to publish this
memorandum in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, January 27, 2009
[FR Doc. E9-2488
Filed 2-3-09; 8:45 am]
Billing code 4710-10-P
Saturday, February 14, 2009
ODE to Glen Beck
That financial distress was ignored,
He fears that Glen Beck will depress us.
But Glen Beck did predict
That a meltdown would hit,
With insights that some thought had left us.
Some they believe
That spending will relieve
The debt that sends economies sinking.
And that those that oppose
The party in charge
Should silence the thoughts they are thinking
But Beck, he is there
To lead us out of despair
With humor and truth without blinking
He helps us define
Our new paradigm
And inspires a pure way of thinking.
Friday, February 06, 2009
Power to the People
Dear Senators Snowe and Collins,
I watched President Obama give a nationally televised speech supporting the current stimulus bill before a group of Democrats, in which he congratulated himself for reaching across the isle to Republicans but drew the first applause of the evening when he packaged and disposed of all opposing ideas as "tried and worn out". He would unlikely have received such a response from an audience of the people whose support for this bill has dropped to 37%.
Obama received applause from Democrats when he mocked criticism of their stimulus bill by saying "of course it is spending, that is what stimulus is- it's spending"- Cleverly washing over the fact that while stimulus may be spending all spending is not stimulus.
Since it is apparently the belief of the current administration and party in power that the solution to our economy is to spend as much money as possible and it doesn't matter what it is spent on, I would like to make the case for RADICALLY increasing the amount dedicated to CAPITALIZING SMALL BUSINESS!
In the version of the bill that I have seen, out of 920 billion dollars, there is only 430 million slated as loans to small business and out of that 4 million is for administration.
And yet small business is described as "the engine of new job creation", which indeed it is.
There is much talk about whether or not tax breaks will stimulate the economy-, which is dependent on whether or not people spend or save their money.
I submit that the most certain way to insure that people spend their money is to capitalize small business in a major way. America, is, after all, "the land of opportunity" and to inject money into the capitalization of small business is to inspire opportunities in the minds of the people, who are, after all, the ones who have to pay for all this spending.
There are so many people with dreams of starting their own business but who have never had the necessary capital. Capitalization of small business would stimulate the energy and minds of communities all across America. A person with a local perspective can identify solutions that are not necessarily visible from a bird’s eye view. People who are given opportunities to invest in their own ideas are inspired with HOPE - and this will cause them to spend more freely.
Investing in small business is an investment in the middle class and a democratic society is the strongest when there is a strong and vibrant middle class.
Capitalizing small business gives Power To The People, as opposed to power to big banks, big corporations, and big government, which are arguably "tried and worn out ideas".
Please RADICALLY capitalize Small Business and give Power to The People!
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Friday, January 23, 2009
Letter to Senator Snowe
Dear Senator Snowe,
I read on Politico.com that you are a moderate Republican with whom President Obama is hoping to work.
I am very uncomfortable with President Obama's free spending agenda and ask that you take into consideration Obama's record in Illinois which was to tax big and to legislate many entitlement programs, which did not have a successful effect on Illinois (See the following blog of an Illinois citizen http://politicallydrunk.blogspot.com/2008/10/obamas-300-tax-increases-in-illinois.html)
However, since Congress is considering passing a "stimulus bill”, I would like to offer these comments in hopes that the stimulus bill will stimulate jobs and not just government spending and entitlements.
Excluding companies with tax havens from receiving bailout funds would be a very good start. I am not for raising taxes but companies avoiding taxes with off shore tax havens only makes everyone else’s taxes higher. This is a good direction for crafting the stimulus.
There should be a stipulation that the funds slated for modernizing federal buildings should not go to companies with off shore tax havens AND this stipulation should extend to all government spending.
I would also like to see an analysis of what companies provide jobs in the US. If 60-80% of the jobs are created by small business, then the other 20-40% must be generated by other business entities. The stimulus should be directed at supporting those businesses.
If nation states restricted bailout funds to entities that provide jobs and pay taxes in the nation state, then global corporate states would only be eligible for funds in the nation states where they pay taxes and provide jobs - This would be a good thing for the autonomy of nation states over global corporate states,
We hear abundant rhetoric on the need to get credit flowing to main street, but there is only $430 million suggested to go to finance small business loans, i.e. to finance, what the report describes as "the engine of new job creation" - while the bulk of the money goes to government spending and entitlement programs. If the bill is supposed to be a stimulus for the economy, why not make the direct focus on job creation and treat stimulus spending separately? We have already seen, with the first bailout to financial institutions, that trying the indirect approach to stimulating credit to main street didn't work. Isn't it time to try a more direct approach and to directly offer credit to companies, large and small alike, in proportion to the jobs those companies or privately owned businesses, can potentially stimulate in job creation?
As defined by the U.S. Small Business Administration, a small business concern is "one that is independently owned and operated and which is not dominant in its field of operation." The law also states that in determining what constitutes a small business, the definition will vary from industry to industry to reflect industry differences accurately. When a larger percentage of our economy is invested in small business, we are less vulnerable to the failure of a single business entity causing a ripple effect that brings down a global economy.
Obama marketed himself to the American public as the politician who was going to take the "bottom up" approach to the economy. Small business is the bottom and the groundswell of our economy so lets see this administration put its economic plans on the same page as it's election campaigning. You will not find that in the current plan which gives a very short stick to small business and apparently expects to stimulate the "engine of job creation" of our economy by the trickle down effect from big government spending and entitlement spending.
How about the "bottom up approach"- First you create jobs, which create the resources to justify spending. - Or at least shift the balance between the amounts of money invested that is anticipated to "trickle down" to the engine of job creation and the amount of money that DIRECTLY benefits the creation of sustained jobs.
I am also concerned about funds slated to bailout bankrupt states, while eliminating the matching funds requirement. This means that solvent states will have to foot the bill for the insolvent ones, which are often insolvent because they legislated so many large government programs.
As a conservative, I favor small government and the inherent vitality of the American people as expressed through the private economy. I hope that you will act as the voice of these interests.
Monday, January 19, 2009
The American Recovery and Redistribution of Wealth Act of 2009
Here is the rhetoric from that act about small business
Small businesses are the driving force for new jobs in the economy; 60 to 80 percent of net new jobs created since the mid-1990’s have been created by small businesses. However, small business lending is sharply down. Loan approvals in SBA’s general business loan programs declined 42 percent in the first quarter of FY 2009 compared to the first quarter of FY 2008. Loans guaranteed under the 7(a) business loan program declined 30 percent in terms of number of loans and 11 percent in dollar volume from FY 2007 to FY 2008. In addition, disruptions in the secondary market have caused major lenders to stop accepting business loan applications. The provisions in this bill will help to reverse these trends.
Here is Obama’s Rhetoric:
Now, this recovery plan alone will not solve all the problems that led us into this crisis. We must also work with the same sense of urgency to stabilize and repair the financial system we all depend on. That means using our full arsenal of tools to get credit flowing again to families and business, while restoring confidence in our markets.
Here is the amount of the $750 Billion Stimulus Package that is going to Free Up Credit for Small Business, The Engine of JOB Growth in our economy
Funding would be made available for new loan guarantee and direct lending authorities. Of the $430 million total, $426 million is for credit subsidy costs and $4 million is for administrative costs.
Here is the amount going to Food Stamps:
Help Workers Hurt by the Economy: High unemployment and rising costs have outpaced Americans’ paychecks. The bill helps struggling families make ends meet by providing $20 billion to increase the food stamp benefit by over 13%, in order to help defray rising food costs.
Looks like the plan is to stimulate the economy by investing in BIG government, and entitlements and the spending that will be created will stimulate the economy enough to rev up the engine of job production (Small Business). Isn’t this a little arse backwards? Maybe it would work better if we actually got the engine working first – and then it might not be necessary to spend twenty billion on food stamps- I wonder what would happen if we reversed just that one proportion? If twenty billion went to providing loans to small businesses to stimulate the job growth with which small business is credited in all the rhetoric, and then as a consequence maybe $430 million for food stamps would suffice?
This is just one example of what is wrong with this plan, which Obama is trying to tell us we must not waste time in passing – How about if We The People analyze this and let our representatives know what we think of it BEFORE THIS BILL IS PASSED.
There is 7.7 Billion slated to modernize federal buildings. Despite the rhetoric about small businesses (under 200 employees) – How likely is it that those jobs will go to small businesses rather than large ones? We should demand that it should be clarified what type of companies will be used to do these jobs – and possibly even demand that a percentage be required to go to the small business community!
If small business is the engine that creates new jobs, why has it been given the short stick in a plan that is intended to stimulate the economy?