From: Mackenzie Andersen [mailto:mackenzie@andersenstudio.com]
Sent: Thursday, August 13, 2009 8:27 AM
To: Dubensky, Ann
Subject: Can you please send me more information on Culture Count.
Dear New England Foundation for the Arts.
I see you listed on the mast head for NECD,s culture count. I also see you listed as a partner and as a data provider. You are also mentioned in the news on NECD- that you are going to partner with NECD for your grant funding project, but I am having a hard time understanding in what way you are distinguished as a separate entity from the NECD.
Can you explain?
Mackenzie Andersen
----- Original Message -----
From: Dubensky, Ann
To: Mackenzie Andersen
Sent: Thursday, August 13, 2009 9:34 AM
Subject: RE: Can you please send me more information on Culture Count.
Hello Mackenzie,
Sorry for the confusion! We are not separate from the NECD! The New England Cultural Database (NECD) was rebranded by the New England Foundation for the Arts (NEFA) to be CultureCount. CultureCount is the “newer” public version of the NECD.
NEFA has funded and the developed both the NECD (initially) and its rebranding into CultureCount.
For more information see the following page: http://www.culturecount.org/public/about.aspx#background
Please let me know if you have any other questions!
Best,
Ann
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Ann Dubensky
Online Services Associate
(MatchBook.org and CultureCount)
nefa
NEW ENGLAND FOUNDATION FOR THE ARTS
145 Tremont St.
Seventh Floor
Boston, MA 02111
tel 617.951.0010 x515
fax 617.951.0016
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From: Mackenzie Andersen [mailto:mackenzie@andersenstudio.com]
Sent: Friday, August 14, 2009 9:51 AM
To: Dubensky, Ann
Cc: _foia@nea.gov
Subject:
Dear Ann,
In the year 2007, I was browsing the Internet, when I came upon The New England Cultural Database and I proceeded to add the information about our small ceramic craft and design business.
First however, I clicked on the Terms of Agreement . I have added our listing to many online databases, but never before have I been required to sign a terms of agreement in order to do so. When I read the specifics of this Terms of Agreement, I was shocked. The Terms of agreement grants NECD all rights, to published material listed in the database, for all time, anywhere in the world. It also requires that the user agree to never make a legal claim against NECD for any reason what-so-ever. All the while the NECD was touting itself as the model for the entire United States of America.
I wrote the The Maine Arts Commission but received a rhetorical response but no changes, other than the "partner site", then called "Cultural Logic"- a name shared with an online Marxist publication, has been changed to "Community Logic"- but the content of the terms of agreement has not changed- nor has the small handful of listings in my local area increased- and why would it? Who, after reading that terms of agreement would agree to them? And for what? A listing in a database which is available without signing a terms of agreement all over the web- including the state-run Arts Commissions, who offer many of the services that NECD touts for free and without a User terms of Agreement.
NEA is not listed as one of NECD's funders - but NECD has been developed by NEFA and NEA is a major funder of NEFA- and so American taxpayer dollars are paying for the development of NECD through dollars flowing through The National Endowment for the Arts.
Can you explain why The United States taxpayer is paying for a data collecting organization with such an unacceptable Terms of Agreement between the central organization and the individual user?
Can you identify who is responsible for creating the Terms of Agreement and who is responsible for leaving it in place, all these years?
Sincerely,
Mackenzie Andersen
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----- Original Message -----
From: Schneidman, Dee
To: mackenzie@andersenstudio.com
Sent: Thursday, August 27, 2009 11:30 AM
Subject: Re: Can you please send me more information on Culture Count.
Dear Ms. Andersen,
I was made aware of your concerns about the CultureCount (then the NECD) Terms of Use back in the summer of 2007 through the Maine Arts Commission and consulted the attorney who had created the Terms to address them each carefully. Though the Maine Arts Commission responded to you at that time via e-mail, I would be happy to discuss any continued misgivings you may have about our free website – and hopefully untangle any misunderstandings.
Please feel free to email me at this address with a list of concerns that I can read through, or call me at my phone number below to discuss “in person.”
Best regards,
Dee
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dee Schneidman
Research Manager
nefa
NEW ENGLAND FOUNDATION FOR THE ARTS
145 Tremont St.
Seventh Floor
Boston, MA 02111
tel 617.951.0010 x530
fax 617.951.0016
www.nefa.org
CultureCount: New England's Cultural Database
Because culture counts.
www.culturecount.org
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From: Mackenzie Andersen [mailto:mackenzie@andersenstudio.com]
Sent: Thursday, August 27, 2009 10:56 PM
To: Schneidman, Dee
Subject: Re: Can you please send me more information on Culture Count.
Dear Dee,
Would you agree to such a terms of agreement?
Mackenzie Andersen
----- Original Message -----
From: Schneidman, Dee
To: Mackenzie Andersen
Sent: Friday, August 28, 2009 9:26 AM
Subject: RE: Can you please send me more information on Culture Count.
Dear Ms. Andersen,
If you could list the concerns for me that prompt you to say “such a terms of agreement”, I’d be happy to respond.
Best,
Dee
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From: Mackenzie Andersen [mailto:mackenzie@andersenstudio.com]
Sent: Friday, August 28, 2009 10:56 AM
To: Schneidman, Dee
Subject: Re: Can you please send me more information on Culture Count.
Dear Dee,
Since you are the organization who has the Terms of Agreement, I am surprised that you are not more familiar with it.
However , for starters, there is the following paragraph:
8. License. By submitting any content to Our site, You grant to Us a 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 now known or hereinafter developed for the full term of any rights that may exist in that content. You also agree to waive and never assert any moral rights that You may have in the content submitted to Us.
Would you sign a Terms of Agreement that includes such terms?- and if you agree to this - would you submit content?
Respectfully,
Mackenzie Andersen
----- Original Message -----
From: Schneidman, Dee
To: Mackenzie Andersen
Sent: Tuesday, September 01, 2009 11:30 AM
Subject: RE: Can you please send me more information on Culture Count.
Dear Ms. Andersen,
While our attorney created the Terms to be as broad a license grant as possible, NEFA at no time claims ownership in the artist’s content. The only information that is given (by artist or organization) is listed in the Privacy Policy: “Your organization's name, street address, postal address, website address, e-mail address (for general inquiries), year founded, year terminated or dissolved (if applicable), a brief description of Your organization, and the director's or manager's name.” While this is content, it’s content which is publicly available from other sources--and voluntarily provided by the user--there is little (if any) actual copyright in this content. All of the [CultureCount] information is factual in nature. Copyright only protects creative expression. While a user’s description of its organization does have some copyright attached to it, I believe it would be quite minimal in most circumstances (especially if only the “basics” were included).
One value of CultureCount is that it is a New England wide directory for the Creative Economy. It consolidates information from various sources (like the National Endowment for the Arts and New England state arts agencies) that is public and available to anyone to make it more accessible to arts researchers and advocates. Anyone on the web can view content in the database without having to create an account. An artist does need to create an account to be included in the directory, but can omit any personal information (like their address) so that they can be counted in the Creative Economy directory. NEFA takes its mission “to creatively support the movement of people, ideas, and resources in the arts within New England and beyond, make vital connections between artists and communities, and build the strength, knowledge, and leadership of the region's creative sector” very seriously and is proud of the free information and service that we provide to support and advocate for artists.
I hope this clears up any misunderstanding and I would be happy to help if you would like to add yourself to the directory. Remember, you would only be adding information about your creative business – no artistic content at all. (You can look at multiple samples of artist listings if you go to culturecount.org and search for individual artist under Institution type.)
Best,
Dee
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From: Mackenzie Andersen [mailto:mackenzie@andersenstudio.com]
Sent: Tuesday, September 01, 2009 11:58 AM
To: Schneidman, Dee
Subject: Re: Can you please send me more information on Culture Count.
However your terms of Agreement says otherwise and when one makes a legal agreement one is conditioned to the letter of that agreement as written. External interpretations about the meaning of the written agreement do not hold up in a court of law- and perhaps also, not the agreement - or so I though in 2007 - but the world has changed so radically in 2009 that I can no longer be sure that the unconstitutional statements in the NECD agreement would not be upheld in the new government order being created as we speak.
I would never take the risk of signing such an agreement just to be listed in a database- which are available all over the internet- without terms of agreement- including the sources that you use- state government sponsored art commissions.
You have not answered my question- if you would agree to these terms- nor have you offered an explanation as to why the quoted paragraph is in the terms of Agreement. There has to be a reason for its inclusion.
In fact , Your response is clearly a second generation copy of something that is generally distributed.
Mackenzie Andersen
----- Original Message -----
From: Schneidman, Dee
To: Mackenzie Andersen
Sent: Tuesday, September 01, 2009 1:28 PM
Subject: RE: Can you please send me more information on Culture Count.
Dear Ms. Andersen,
My response was a thought-out message from me – certainly with information that I have learned from our attorney. I am a staff person at an organization diligently trying to answer your questions in a personal way and I’m not sure what would suggest otherwise. The legal agreement does not make any claims to artist content. Artist content is not included anywhere on the CultureCount site. This is not interpretation, but fact. As to whether anything is unconstitutional, as you state, I defer again to legal experts on that.
I did answer your question – the paragraph referenced was included by our attorney to grant as broad a license as possible. The terms have not been changed within the past few years, though we take concerns like yours very seriously. Should we find the funds to embark on such an endeavor, we may consider changing them, but at this point it is certainly not possible.
I would never offer to help you create your own directory listing unless I were willing to do one myself. I sincerely do not understand why you would think NEFA would embark on providing this information to our constituents with some sort of malicious intent. Being in the database is obviously your choice and the terms of agreement is to protect all parties involved.
If you would like to discuss anything further you are welcome to call me at 617-951-0010 x530.
Thank you,
Dee
