History assignments

Here are some recent History assignments.

Imagine ways in which future archeologists, sifting through the remains of twentieth-century American civilization, might misinterpret the artifacts and structures of our time.

Imagine that in the year 2600 a lady is walking along a river and notices something strange floating in the water.  She notices a faded plastic box.  The box is small and thin, and has a black shiny side and a white side.  This lady has no idea what it is, or even its’ use. The person who had it a long time ago knew exactly what it is and what its’ use was.  She takes it to her neighbor who is a specialist on ancient artifacts to figure out what it is.  Her neighbor speculates that the box was a primitive attempt to make a phone, but everyone these days has much more sophisticated ways of communicating; they have little ear pieces that they use for phones that are voice activated.

The plastic box was once a cell phone.  Today in 2013 everyone knows what a cell phone is and what it is used for.  A cell phone is a modern convenience that allows us to talk and send messages to people who are far away or near us.  We can send a text message, phone call, play games and search for information on the internet. 

This happens quite often today when an archeologist finds an artifact and has no idea what it was used for.  What an archeologist does is to try to uncover as much as possible about the past and draw conclusions.  These conclusions may or not be true.  The archeologists observe the evidence and the surrounding area to try to find other clues about the past.

While archeologists have discovered many things about the past they may not have all the information.  If they find something new in an area, like a skeleton, they can analyze the body to try to find the environment that it lived in.  They do this by comparing it to our bodies and how it differs.  But there is no sure way of knowing what happened in the past.  If a person saw a big screen TV 500 years from now they may not know that is brings entertainment to millions of people today.

Why would the Americans of the nineteenth century resist the idea that the mounds were the work of Native Americans?

Native Americans during the 10^th-14^th centuries in the middle of now what is the United States constructed what appear to be giant mounds.  These mounds served as burial grounds for centuries.  When European settlers came after Columbus discovered the American continents they believed the native population to be savages.  Savages as in they were primitive and not on the same social level with the Europeans.

An archaeologist in 1872 wrote, “No savage tribe found here by Europeans could have undertaken such constructions as those of the Mound-Builders. The wild Indians found in North America lived rudely in tribes.  They had only such organization as was required by their nomadic habits…. These barbarous Indians gave no sign of being capable of the systematic application to useful industry which promotes intelligence, elevates the conditions of life.”

Another reason the Europeans of the 19^th century resisted the idea that the mounds were the work of the native population was racism.  Europeans did not like Indians who they considered killers.  They considered them underneath them socially and thought they were not capable of doing anything worthy of their attention.

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How did events in Virginia in 1619 help to shape the course of American history? What precedents were set and how do they affect, if at all, the America of today?

In the year 1619 three things happened in the English colony of Virginia that helped shape the course of American history.  In that year the House of Burgesses was formed, making it one of the first popular elected essabmly in America.  Later that year some women arrived from England, helping the settlers settle down and create families.  Until this time the majority of the settlers were men.  They had no roots to the land and therefore didn’t really concern themselves with settling down.  Also in the year slaves were brought over from Africa.

The House of Burgesses was made up of men who were elected by land owning males.  Women, blacks, and men who did not own land were not able to vote. This assembly was to make just laws to benefit the people of the whole colony.  The formation of this group was important because it established the right of representation in American, and led to the formation of our current political system.

Having women come it helped make men settle down. Until this time any man could get on a ship back to England and leave the colony.  But once they had families they didn’t do that; they settled down and created homes and farms, which helped Virginia become a permanent colony. 

Having black slaves helped with this as English settlers would not work without a wage, while blacks were forced to work.  It established slavery as acceptable, and eventually led to the civil war. At first blacks were indentured servants, working a number of years to earn their freedom.  But in the 1660’s the settlers thought that it was easier to keep the blacks in slavery than buy new ones every few years.

These changes to the colony in Virginia in the year 1619 helped shape American history.  Having women helped settlers establish homes and farm, bringing in blacks to perform the labor allowed many English settlers to become rich.  Establishing the House of Burgesses gave the colonists the sense that they should be allowed to rule themselves.  This streak of independence led to the outbreak of the American Revolution.

Some historians have asserted that in permitting the colonists in Virginia to convene an assembly and take part in governance, the British planted the seed that grew into American independence. Argue the merits of this assertion.

In 1619 the House of Burgesses in Virginia convened, with the purpose to make laws to govern the whole colony.  The Virginia Company allowed this to happen as the Company was in London, making it hard to foresee all issues facing the colonists.  They thought it would be best if they were able to set some rules themselves.

If they Virginia Company could have seen the end result of House of Burgesses they might not have allowed it to be established.  Once Americans were able to decide some issues for themselves they thought that they should be allowed the ability to govern.  They wondered why an assembly, Parliament, was able to set policies and laws that hurt the colonists.

Granted, this shift of wanting to have complete ability to govern themselves did take a while to grow.  The House of Burgesses was established in 1619, and the American Revolution was not fought until the 1770’s and 1780’s.  But the seed had been planted.  The colonists wanted things that the British didn’t want to allow them, and so they Americans fought for the right for self government.

Learning

The glory of God is intelligence.” It could go on to say, “Or in other words light and truth,” and, further, to say that “light and truth forsake that evil one” (D&C 93:36–37). You don’t have to read that very often before you begin to understand why knowledge is important, why intelligence is necessary, why light and truth are tools in forsaking the evil one.

I love this quote because it shows me why learning and seeking knowledge are important. For anyone who knows me I love to learn and find out the meaning of things. The reason we need to know things and seek out knowledge is because the more we know the better we are able to handle situations that we face in life.

If we know it is wrong to get angry than less likely we are to get angry. If I know stealing is wrong than I won't steal. The more we know about the gospel of Jesus Christ the more we learn that we alone cannot go through life and be saved. We know we must rely on the Atonement of Jesus Christ to be saved. We do this by repenting of our sins.

How do we gain knowledge? We must first desire to learn and the act on the desire. We must study and read the scriptures and learn from the best books. We must experience things for ourselves. We must make mistakes and learn how we can handle similar situations in the future.

Knowledge helps us fight against Satan. If we study the scriptures and read the best books we will gain knowledge. We must also apply those lessons and the ones we learn by experience in order to gain more knowledge. If we hope to saved in the kingdom of God then we must gain knowledge.

The desires of our hearts

The Desires of Our Hearts

Dallin H. Oaks was a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints when this devotional address was given at Brigham Young University on 8 October 1985.

Each of us desires the ultimate blessing of exaltation in the celestial kingdom. Even when we fall short, we desire what is right. That is my subject—"The Desires of Our Hearts."I am interested in this subject because it highlights a critical contrast between the laws of God, as revealed in the scriptures, and what I will call the laws of man, as set out in the national and state laws with which I was concerned in my thirty years in the legal profession.Laws—Man's and God'sThe laws of man are never concerned about a person's desires or thoughts in isolation. 

When the law inquires into a person's state of mind or intent, it only seeks to determine what consequence should be assigned to particular actions that person has taken.In contrast, the laws of God are concerned with spiritual things. Spiritual consequences are affected by actions, but they are also affected by desires or thoughts, independent of actions. Gospel consequences flow from the desires of our hearts.A simple example will illustrate that contrast. Suppose your neighbor has a beautiful sports car parked in his driveway. You take no action. You just look on that car longingly, and covet it. You have sinned. You have broken one of the Ten Commandments (see Exodus 20:17). Eternal consequences follow. Up to this point you have not broken any of the laws of man. However, if you take a particular action, such as jumping the ignition wires and driving away in the car, you will have committed a wrong that could be punished or redressed under the laws of man.

To determine what consequence should be assigned to your action, the law would attempt to determine your intent in taking the car. If you simply intended to borrow the car in the mistaken belief that your neighbor would consent, you might not be guilty of a crime. However, you would surely be liable for damages for the wrongful use of the car. If you intended to use the car contrary to the wishes of the owner and yet return it in a short time, you would have committed a minor crime. If you intended to take the car permanently, you would have committed a major crime. To choose among these various alternatives, a judge or jury would attempt to determine your state of mind.

This simple example makes the point that the laws of man will sometimes inquire into a person's state of mind in order to determine the consequences of particular actions, but the law will never punish or give effect to intent or desires standing alone. It was so in Book of Mormon times. As we read in Alma, the people of Nephi could be punished for their criminal actions, but "there was no law against a man's belief" (Alma 30:11).It is good that this is so. The law is an imperfect instrument. It has no reliable way to look into a person's heart.In contrast, God's law can assign consequences solely on the basis of our innermost thoughts and desires. 

There is no uncertainty in the administration of this law. As Ammon taught King Lamoni, God "looketh down upon all the children of men; and he knows all the thoughts and intents of the heart; for by his hand were they all created from the beginning" (Alma 18:32).Similarly, Paul warned the Hebrews that God "is a discerner of the thoughts and intents of the heart," and "all things are naked and opened unto the eyes of him" (Hebrews 4:12–13).In other words, God judges us not only for our acts, but also for the desires of our hearts. He has said so again and again. This is a challenging reality, but it is not surprising. Agency and accountability are eternal principles. 

We exercise our free agency not only by what we do, but also by what we decide, or will, ordesire. Restrictions on freedom can deprive us of the power to do,but no one can deprive us of the power to will or desire.Accountability must therefore reach and attach consequences to the desires of our hearts.This principle applies both in a negative way—making us guilty of sin for evil thoughts and desires—and in a positive way—promising us blessings for righteous desires.Sins of DesireThe best-known scriptural designation of sin on the basis of the desires of our hearts concerns sexual sin. The Savior declared:Behold, it is written by them of old time, that thou shalt not commit adultery;But I say unto you, that whosoever looketh on a woman, to lust after her, hath committed adultery already in his heart. [3 Nephi 12:27–28; see also Matthew 5:27–28]

The New Testament also condemns anger and unrighteous feelings—another example of sins committed solely on the basis of thoughts (see Matthew 5:22).The Book of Mormon illustrates this same principle in its definition of priestcraft, the sin committed by those who preach the gospel to gain personal advantage rather than to further the work of the Lord:Priestcrafts are that men preach and set themselves up for a light unto the world, that they may get gain and praise of the world; but they seek not the welfare of Zion. [2 Nephi 26:29; see also Alma 1:16]

Priestcraft is not a sin that is committed solely on the basis of our desires because it involves acts. Those acts becomes sinful only when they are done with the wrong desire, to get gain or praise. The sin is in the desire, not in the act.The same is true of those who draw near to the Lord with their lips but have removed their hearts far from him. (See Isaiah 29:13; Matthew 15:8; 2 Nephi 27:25; JS—H 1:19.) Likewise, the Psalmist condemned the people of ancient Israel because "their heart was not right with [God]" (Psalms 78:37).

When is our heart right with God? Our heart is right with God when we truly desire what is righteous—when we desire what God desires.Educating Our DesiresOur divinely granted willpower gives us control over our desires, but it may take many years for us to be sure that we have willed and educated them to the point that all are entirely righteous.President Joseph F. Smith taught that the "education. . . of our desires is one of far-reaching importance to our happiness in life" (Joseph F. Smith, Gospel Doctrine [Salt Lake City: Deseret Book Co., 1939], p. 297).

How do we educate our desires? We begin, I suppose, with our feelings. The desires of our hearts are deep-seated and fundamental. But our feelings are closer to the surface and easier for us to identify and influence.Have you ever found yourself doing something you thought was right, but doing it because you "had" to? Did you ever keep a commandment of God with an attitude of resentment or self-righteousness, or even because you expected some immediate personal benefit? I suppose most of us have had this experience. Do you remember your feelings on such occasions? Do you think such feelings will be ignored by a Father in Heaven who gave us the willpower we call agency? Don't such feelings tell us something about the desires of our hearts?In order to have righteous desires, we have to control our thoughts and achieve appropriate feelings. My widowed mother understood that principle. "Pray about your feelings," she used to say. She taught her three children that we should pray to have the right kind of feelings about our experiences—positive or negative—and about the people we knew. If our feelings were right, we would be more likely to take right actions and to act for the right reasons.Mormon teaches that if our heart is not right, even a good action is not counted for righteousness.For behold, God hath said a man being evil cannot do that which is good; for if he offereth a gift, . . . except he shall do it with real intent it profiteth him nothing.For behold, it is not counted unto him for righteousness.For behold, if a man being evil giveth a gift, he doeth it grudgingly; wherefore it is counted unto him the same as if he had retained the gift; wherefore he is counted evil before God.[Moroni 7:6–8]

In other words, we must not only act, we must act for the right reasons. There are no blessings for actions taken without real intent.Mormon even applied this principle to our prayers.And likewise also is it counted evil unto a man, if he shall pray and not with real intent of heart; yea, and it profiteth him nothing, for God receiveth nonesuch. [Moroni 7:9]

When Joseph Smith first went to Cumorah, the angel refused to give him the plates, saying it was not yet time. During the years he had to wait before receiving the plates, the young prophet struggled with his desires. In 1832 he wrote:I had been tempted of the adversary and sought the Plates to obtain riches and kept not the commandment that I should have an eye single to the glory of God therefore I was chastened and sought diligently to obtain the plates and obtained them not until I was twenty one years of age. [The Personal Writings of Joseph Smith, comp. Dean C. Jessee (Salt Lake City: Deseret Book Co., 1984), p. 7]

The Lord saw into the heart of the young prophet, chastened him for his improper desires, gave him time to repent and mature, and eventually forgave him and allowed him to continue his mission.Many scriptures reveal how the thoughts of our hearts will be relevant on the day of judgment. Alma taught that when we are brought before the bar of God to be judged, our works, our words, and our thoughts will all condemn us (see Alma 12:12, 14).Two of my favorite verses of scripture are in the Twenty-fourth Psalm:Who shall ascend into the hill of the Lord? or who shall stand in his holy place? He that hath clean hands, and a pure heart.[Psalms 24:3–4; see also Alma 5:19]If we refrain from evil acts, we have clean hands. If we refrain from forbidden thoughts, we have pure hearts. 

Those who would ascend and stand in the ultimate holy place must have both.In the second chapter of Romans, the Apostle Paul teaches to the same effect. He explains that God will "judge the secrets of men" (Romans 2:16) "according to truth" (Romans 2:2). He contrasts the position of the Gentiles who do not have the Mosaic law but by their actions "shew the work of the law written in their hearts" (Romans 2:15) with those Jews who preach the law and then do not practice it. The Apostle Paul then concludes with these profound truths:For he is not a Jew, which is one outwardly; neither is that circumcision, which is outward in the flesh:But he is a Jew, which is one inwardly; and circumcision is that of the heart, in the spirit, and not in the letter; whose praise is not of men, but of God. [Romans 2:28–29]

What do these teachings about feelings and desires mean for each of us?Are we sure to be guiltless under the law of God if we merely refrain from evil acts? What if we entertain evil thoughts and desires?Will hateful feelings go unnoticed in the day of judgment? Will envy? Will covetousness?Are we guiltless if we engage in business practices that are intended to deceive, even though they involve no act that is punishable by law?Are we guiltless under the law of God just because the law of man provides no legal remedy for our victim?Are we eligible for blessings if we seem to seek the things of God, such as by preaching or publishing the message of the gospel, but do so to obtain riches or honor rather than with an eye single to his glory?Our answers to such questions illustrate what we might call the bad news, that we can sin without overt acts, merely by our feelings and the desires of our hearts.

There is also good news. Under the law of God, we can be rewarded for righteousness even where we are unable to perform the acts that are usually associated with such blessings.Blessings for Righteous DesiresWhen someone genuinely wanted to do something for my father-in-law but was prevented by circumstances, he would say: "Thank you. I will take the good will for the deed." Similarly, I believe that our Father in Heaven will receive the true desires of our hearts as a substitute for actions that are genuinely impossible.Here we see another contrast between the laws of God and the laws of men. 

It is entirely impractical to grant a legal advantage on the basis of an intent not translated into action. "I intended to sign that contract" or "We intended to get married" cannot stand as the equivalent of the act required by law. If the law were to give effect to intentions in lieu of specific acts, it would open the door for too much abuse, since the laws of man have no reliable means of determining our innermost thoughts.In contrast, the law of God can reward a righteous desire because an omniscient God can discern it. As revealed through the prophet of this dispensation, God "is a discerner of the thoughts and intents of the heart" (D&C 33:1). If a person refrains from a particular act because he is genuinely unable to perform it, but truly would if he could, our Heavenly Father will know this and can reward that person accordingly.Perhaps the best scriptural illustration of this is King Benjamin's teaching about giving:And again, I say unto the poor. . . all you who deny the beggar, because ye have not; I would that ye say in your hearts that: I give not because I have not, but if I had I would give.And now, if ye say this in your hearts ye remain guiltless. [Mosiah 4:24–25]

Paul described the same principle in his second letter to the Corinthians: "If there be first a willing mind, it is accepted according to that a man hath, and not according to that he hath not" (2 Corinthians 8:12).President Harold B. Lee relied on these scriptures in another example:[Women] who have been denied the blessings of wifehood or motherhood in this life—who say in their heart, if I could have done, I would have done, or I would give if I had, but I cannot for I have not—the Lord will bless you as though you had done, and the world to come will compensate for those who desire in their hearts the righteous blessings that they were not able to have because of no fault of their own. [Harold B. Lee, Ye Are the Light of the World (Salt Lake City: Deseret Book Co., 1974), p. 292]

The desires of our hearts will be an important consideration in the final judgment. Alma taught that God "granteth unto men according to their desire, whether it be unto death or unto life; . . . according to their wills, whether they be unto salvation or unto destruction. Yea, . . . he that knoweth good and evil, to him it is given according to his desires" (Alma 29:4–5).That is a sobering teaching, but it is also a gratifying one. It means that when we have done all that we can, our desires will carry us the rest of the way. It also means that if our desires are right, we can be forgiven for the mistakes we will inevitably make as we try to carry those desires into effect. What a comfort for our feelings of inadequacy! As Alma said:It is requisite with the justice of God that. . . if their works were good in this life, and the desires of their hearts were good, that they should also, at the last day, be restored unto that which is good.If he hath repented of his sins, and desired righteousness until the end of his days, even so he shall be rewarded unto righteousness.[Alma 41:3, 6]

Similarly, in this dispensation the Lord has revealed that he "will judge all men according to their works, according to the desire of their hearts" (D&C 137:9).I caution against two possible misunderstandings: First, we must remember that desire is a substitute only when action is truly impossible. If we attempt to use impossibility of action as a cover for our lack of true desire and therefore do not do all that we can to perform the acts that have been commanded, we may deceive ourselves, but we will not deceive the Righteous Judge.In order to serve as a substitute for action, desire cannot be superficial, impulsive, or temporary. It must be heartfelt, through and through. To be efficacious for blessings, the desires of our hearts must be so genuine that they can be called godly.

Second, we should not assume that the desires of our hearts can serve as a substitute for an ordinance of the gospel. Consider the words of the Lord in commanding two gospel ordinances: "Verily, verily, I say unto thee, Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God" (John 3:5). And in respect to the three degrees in the celestial glory, modern revelation states, "In order to obtain the highest, a man must enter into this order of the priesthood [meaning the new and everlasting covenant of marriage]" (D&C 131:2). No exception is implied in these commands or authorized elsewhere in the scriptures.In the justice and mercy of God, these rigid commands pertaining to essential ordinances are tempered by divine authorization to perform those ordinances by proxy for those who did not have them performed in this life. Thus, a person in the spirit world who so desires is credited with participating in the ordinance just as if he or she had done so personally. In this manner, through the loving service of living proxies, departed spirits are also rewarded for the desires of their hearts.In summary, under the law of God we are accountable for our feelings and desires as well as our acts. Evil thoughts and desires will be punished. Acts that seem to be good bring blessings only when they are done with real and righteous intent.

On the positive side, we will be blessed for the righteous desires of our hearts even though some outside circumstance has made it impossible for us to carry those desires into action.To paraphrase Paul's teaching in Romans 2:29, he is a true Latter-day Saint who is one inwardly, whose conversion is that of the spirit, in the heart, whose praise is not of men for outward acts, but of God, for the inward desires of the heart.

May God bless us to understand this great principle and to act upon it. It challenges us. It comforts us. It is true.God lives. Jesus Christ is his Son. He suffered and died for our sins, that through repentance, through good works, through the righteous desires of our hearts, and through compliance with all the laws and ordinances of the gospel, we may attain to the highest degree of glory in the celestial kingdom. That is the destiny of the children of God. Of that I bear testimony as I ask the blessings of our Heavenly Father upon each of us in the name of Jesus Christ. Amen.

Books this year

This year I have fallen off on my reading.  I am only at 32, but the books I have read this year are fantastic.  I would recommend any to you.  It is small but growing!

1.  The Guardian by Gerald Lund
2.  The Alchemist
3.  They also ran by Irving Stone
4.  Jesus the Christ
5.  Teach like your hair is on fire
6.  An education for our time by Josiah Bunting III
7.  Love is Eternal by Irving Stone
8.  The Story of the Book of Abraham by H. Donl Peterson
9.  The Book of Mormon and the Constitution by H. Verlan Andersen
10.  The Naked Socialist by Paul Skousan
11.  Brothers in battle; Best of Friends by Robyn Post
12.  The Imperial Cruise by James Bradley
13.  Band of Brothers by Stephan Ambrose
14.  Rise to Greatness by David Von Drehle
15.  Total Money Makeover by Dave Ramsey
16.  Hainan Incident by DM Coffman
17.  The 5 Love Languages by Gary Chapman
18.  Launching a Leadership Revolution: Mastering the Five Levels of Influence. by Chris Brady
19.  Mentor: The Kid & and The CEO: A Simple Story of Overcoming Challenges and Achieving Significance by Tom Pace
20.  Purple Cow: Transform Your Business by Being Remarkable by Seth Godin
21.   LeaderShift by Oliver DeMille and Orrin Woodard
22.  Manning up by Kay S. Hymowitz
23.  10 people I want to meet in Heaven by S. Michael Wilcox
24.  The Hour of Peril by Daniel Stashower
25.  Elijah of Buxton by Christopher Paul Curtis
26.  Shades of Gray by Carolyn Reeder
27.  Give and Take by Adam Grant
28.  Alas, Babylon by Pat Frank
29.  Peter Pan by J.M. Barrie
30. Snow Whyte and the Queen of Meyhem by Milessa Lemon
31. Life
32. Give and take by Daniel Pink
33.  Between Husband and Wife by Lamb and Brinley.
34.  Mission accomplished by Oliver North.
35.  Love and Respect by Emerson Eggerich
36.  Tennis Shoes among the Nephites Series by Chris Heimerdinger


The list is short, but its growing!

A break with the past

A Break With The Past

Almost every significant breakthrough is the result of a courageous break with traditional ways of thinking

One day a long, long time ago, in the middle of the worst winter in recorded history, Jacques was walking in the forest on his way home from hunting.  He was tired as he had been tracking a deer that had taken him 7 miles from his cabin in the deep wood.  He had shot the deer with his last arrow.  The deer had proven too heavy for Jacques to drag for more than a few hundred yards by himself.  He was excited to have killed such a large deer but discouraged because he wasn’t strong enough to get it home by himself.  He was headed home to enlist his brothers to help him haul it back home.

Suddenly, a bright light appeared in front of him.  The outline of a little person slowly appeared in the center of the bright light.  What is this?  A devil? Jacques thought to himself.  He tried getting off the path to go around the light.  But the light slowly moved so as to stay directly between him and home, no matter which way he turned.

As the outline of the little person became more distinct, Jacques saw that it was a little green leprechaun.  I have never seen one of those before, he thought to himself. 

“How do you do?”  He says. 

“How de do?”  The Leprechaun replies.  “I am Louis, your guardian leprechaun.”

“Oh.  It’s nice of you to come introduce yourself.”  Jacques starts to move away, thinking that maybe the leprechaun would allow him to pass and continue on home. 

“What is troubling you, dear Jacques?”  The leprechaun smiled as he said the words.  His countenance plainly showed dear Jacques that he enjoyed seeing him troubled and weary. 

“I am trying to get home to get my brothers.  I shot a deer a few miles back and wish to get it home to feed our families.  I need to hurry, now if you will please excuse me!”  Jacques pushed past the leprechaun.

“That was rather rude, you know.”  Louis started to float after him. “Very rude indeed.  I was going to let you know how you could get the deer home right now, but since you’re being rude I will leave you.”

Louis the leprechaun slowly started to disappear into the increasing darkness.

“WAIT!  I am sorry I was rude.  Now will you please tell me?” Jacques shouted.

“Not with that tone of voice.”  The voice was quickly growing faint. 

“Please help me.”  Jacques said meekly.  Louis was gone.

“That wasn’t so hard, was it?”  Louis said, suddenly appearing behind Jacques.  The voice behind him made him jump.  “Hehe.  I scared you!”

“You did not.”  Jacques was still affronted by the rudeness of the leprechaun.  The leprechaun thinks me rude, he thought.  He’s the rude one for calling me rude and startling me.

“Naughty, naughty.”  Louis smiled the annoying smile again.  “I was going to tell you how you could get that deer home today while it is still light.”

“Yes, yes.  Please, will you tell me how?”

“I will.  You see that animal over there?”  Louis pointed to a small clearing about 25 yards off the trail.  There was a four legged animal with a shaggy coat of hair, foraging through the snow, looking for something to eat. 

“What is that?” Jacques asked.  He had seen a few of those creatures scattered throughout the forest before.  They made loud noises that scared his children and he didn’t trust them.

“That, my friend, is a donkey.  It was meant to be a beast of burden.  If you make friends with it, it will haul whatever you wish it to.  It may even let you ride it.” 

“I will not make friends with such beasts!” cried Jacques.  “Nobody has ever tried to keep this animal. It is unseemly, for such as I, to descend to such lowness. I would be the laughing stock of the village.”

“I was only trying to help!”  Louis the leprechaun was offended to the highest degree.  “I will leave you now, my friend.  I only hope the next person isn’t quite a thick headed as you!”

“Good riddance, you fool.”  Jacques said under his breath, as Louis disappeared.  He kept walking towards his home.  He grew more miserable by the minute.  He was tired, wanted to eat some good meat, and felt bad for mocking of Louis’s suggestion.

Deep inside him, though, he knew that Louis did not deserve to be treated so rudely.  It is never okay to hurt someone on purpose.  Maybe I need to his suggestion a try, he thought.  Giving up his pride, he turned back hoping the donkey was still in the clearing.  It was.

“Hey, donkey.  Don’t be scared of me.”  In truth, he was more scared of the donkey than it was of him.  He slowly approached it, and held out his hand.  He closed his eyes as it got close.  The donkey stuck its nose under his hand for him to rub.  As he began to scratch the nose, Jacques slowly opened his eyes. 

This isn’t so bad, he thought.  Maybe the leprechaun was right.  He withdrew his hand and looked for something to tie around the donkey’s neck.  He found a thick vine nearby.  Tying it around the neck, he started to lead the donkey down the trail towards the deer.

After finding it again and setting it on the donkey’s back, Jacques and the donkey made it back to the cabin in record time.  Jacques, in particular, was re-energized by his success.  Making it home, his family was overjoyed to see so much meat all at once.  His wife set about immediately to cook some for supper.

Jacques stepped outside to pray to the leprechaun.  After  finishing, he looked up at the night’s sky.  A new shape had appeared in the sky.  The moon was in the shape of a smile.  Jacques had never seen a full moon. 

Since that day, the moon has gone through the different phases.  Humans also started to domesticate and train animals.  Jacques soon added sheep, goats, horses, and cows to his donkey.  Over time he became a very rich man indeed.

To sell is human

I have not done described a book I have been reading for a while but I have been reading a book called "To sell is human" by Daniel Pink, and I wanted to share some thoughts of it.  I love this author as what he writes is interesting and he makes it so easy to understand.  This book is about how every single person is involved in selling each and every day.  He defines selling as trying to get someone to do something that will benefit you.

When most people think of sells and sales people they think of a car sales man, a door to door sells man, or perhaps those annoying Mormon missionaries.  They don't realize that each day we each try to get others to do things.  This is selling.  You may try to convince an investment group to invest in your company, you may try to get a child to learn his ABC's, or you might just ask a sibling to do a chore.

These tasks that many do frequently is in fact selling.  Let's walk through a sales pitch.  It may go something like this:

Salesman: "Hello, my name is ---.  I am going around this neighborhood to see if you would be interested in purchasing this magnificent brush that will reduce the time you spend scrubbing."

Homeowner: "No thanks.  I am not looking for a brush."

Salesman: "Well sir, I have other products that may interest you..."

I could go on, but I want to highlight something important.  The salesperson wanted to do something: he wanted to convince a person to part with something, in this case money, for a product.  He wanted to get the homeowner on his side and convince him to buy a brush or other things from him.

Now, a teacher may not be trying to sell a brush to a student but she might be trying to make learning the ABC's interesting.  She must convince students to part with something, in this case time, in order to learn their letters.  She, in affect, is trying to sell the student on the idea that learning in fun and interesting.

Pink describes in his book how most people view salespeople as annoying, pushy and sometimes mean these words don't necessarily describe sales people today.  People have stereotyped salespeople and now things have changed.

I have not finished the book yet but I would highly recommend it to anyone.  A great way to learn how to move others to get them to do what you want.

What is the big deal with copyrights?

What's the Big Deal About Copyright?

November 14, 2002

Sacramento News & Review
November 14, 2002
http://www.newsreview.com/sacramento/Content?oid=13569
By Scott Hervey

Sometime a musician will ask me, what's the big deal about Copyright and why should I care about it? Shouldn't I just focus on my music rather than worrying about all of this legal mumbo jumbo? Usually I respond by reminding the musician that the second word in music business is “business” and if they are serious about making the most out of their career, they should have a basis understanding of the area of law which governs the medium through which they express themselves. If that doesn't work, I tell them that if they don't have a decent understanding of Copyright law and its affect on how they get paid, they are bound to get the short end of the stick on many a deal. That usually catches their attention.

The Basics

Under the Copyright Act, copyright protection arises when an original work of authorship is fixed in any tangible medium. Ok, what does this all mean?

Only "Original" Works Qualify For Copyright Protection 
The “originality” element for copyright requires only that the work was independently created by the author and that the work possesses at least a minimal degree of creativity. Selection, coordination and arrangement are elements of creativity.

What Constitutes A "Work Of Authorship"
Copyrightable works are books, musical compositions, multimedia works, original art, dramatic productions (including any associated music), motion pictures and other audiovisual works, computer programs, computer databases, Web pages and any other original expression that is fixed in some tangible medium.

In the music industry, the list of what comprises a work of authorship includes a “sound recording” and the composition. It is important that artists understand the distinction between the two, because they are treated very differently under the Copyright Act and in recording contracts. A sound recording is defined in the Copyright Act as works that result from the fixation of a series of musical, spoken or other sounds, regardless of the nature of the object in which the work is embodied. This means that every time an artist goes into the studio and lay down a track, a sound recording is created. And, when the artist or his producer puts all of these tracks together into a finished master, this is also a sound recording. The underlying composition, simply put, are the lyrics and composition that are recorded on the sound recording.

Fixed In Any Tangible Medium
The work of authorship must be fixed in a tangible medium of expression that may be perceived, reproduced, or communicated either directly or with the aid of a machine or device. A work is not fixed unless its embodiment in tangible form is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than a transitory duration. The understanding of a tangible medium is simple when it is a writing fixed upon the pages of a book, a painting fixed on a canvas, or a computer program fixed upon a compact disc. The mediums of paper, a canvas or a compact disc are obviously stable and non-transient.

Who is the Owner of a Copyright

Initial Ownership
Ownership vests initially in the author or authors of a work. Usually only the author, or those who derive the rights from the author, can claim copyright protection. Generally, the author is the person who physically creates the work. However, there are some exceptions to this rule: the work for hire doctrine, collective works and joint works.

Works For Hire
Employers are held to own the works of employees who prepare works within the scope of their employment, unless an agreement states otherwise.

The Act defines a “work made for hire” as:

1. A work prepared by an employee prepared within the scope of his or her employment; or

2. A work specially ordered or commissioned for use in at least one of certain enumerated way provided that the parties expressly agree in a written instrument signed by them that the work constitutes a “work made for hire.”

The work for hire doctrine addresses copyright ownership in a work created by an employee or a work commissioned from an independent contractor or other party. Under the work for hire doctrine, the employer enjoys the copyright ownership in the prepared work of an employee. However, an employer who hires an independent contractor does not automatically own an exclusive right in any work created by the independent contractor. To obtain the exclusive rights to the copyrightable work created by an independent contractor, the work must be one of a specific type of work. It must be either a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas. Secondly, there must be a written agreement between the parties which specifically states that the work is a work made for hire. Another way for an employer to obtain the exclusive rights to a copyrightable work created by an independent contractor would be through an assignment.

The work made for hire issue has large implications in the music industry because of the fact that contract musicians and record producers can be considered authors of the sound recording. Therefore, unless an artists wants a contract musician or producer to enjoy separate but equal ownership rights in the sound recording, the agreement employing these individuals should be in writing and should contain a clause which states that the work created by them is considered a “work made for hire.” The agreement should also contain a “back-up” clause which states that in the event the work is not considered a work made for hire, the independent contractor assigns all right, title and interest in the work to the party employing them.

Joint Works
A joint work is where there is more than one author to a copyrightable work. Under a joint work, both authors own the copyrights to that work equally. Each co-author of a joint work has an independent right to use or license the copyright, subject to a duty of accounting to the other co-author. A joint owner cannot be liable to a co-owner for a copyright infringement.

Community Property and Authorship
A non-author spouse in a community property state such as California may have a community property interest in the owner-spouse's work(s). In one case the court held that under California's community property law a copyright can be transferred by operation of law from the owner-spouse to the marital community.

As a Copyright Owner, What Rights Do I Have 
The copyright owner owns, subject to certain exceptions and limitations, exclusive rights to the copyrighted material. The copyright owner has the exclusive right to the following:

1. To reproduce the copyrighted work; and

2. To prepare derivative works based on the copyrighted works;

3. To distribute copies of the copyrighted work to the public by sale or other transfer or ownership or by rental, lease or lending;

4. In the case of literary, musical, dramatic and choreographic works, pantomimes and motion pictures and other audio-visual works, to perform the copyright publicly;

5. In the case of literary, musical, dramatic and choreographic works, pantomimes and pictorial, graphic or sculptural works, including the individual images of motion pictures or other audio-visual works, to display the copyright publicly; and

6. In the case of sound recordings, to perform the copyright work publicly by means of digital audio transmission.

The Copyright Act also provides for specific rights to authors of works of visual art which are usually referred to as rights of attribution and integrity. While these rights aren't applicable to musical works, it is not uncommon for musical performers to dabble (and in some cases become extremely talented) in painting or sculpture (John Lennon, Tony Bennett, etc.) Thus, a brief discussion is in order.

A author of a work of visual art is entitled to claim authorship of his work and also prevent the use of his name on works he did not create. The author also has a limited right to prevent modification or destruction of his work and is also entitled to prevent the use of his name on work that has been distorted to a certain degree. All of these rights can be modified or waived in their entirety by the artist if the artist so agrees in a written agreement

Limitations on Exclusive Rights
There are a number of limitations on the exclusive rights of copyright owners. These limitations effectively carve away at a copyright owner's right to prevent others from exercising one or more of the exclusive rights reserved for copyright owners. A number of these affect the music industry and owners of a copyright inn either sound recordings or compositions.

The owner of the copyright in a sound recording is limited to the rights in 1, 2,3, and 6 above. The copyright owner of a sound recording does not enjoy the exclusive right of public performance. That right is exclusive to the owner of the copyright in the composition. The sound recording copyright owner does have the right to control the creation of derivative works in which the actual sounds fixed in the sound recording are rearranged, remixed or otherwise altered in sequence or quality. (This expressly covers sampling.) However, this would not include creating an independent sound recording which imitates the or simulates the music in the sound recording. (The owner of the copyright in the composition enjoys this right.)

What About All This License Stuff

When third party wants to exercise one of the exclusive rights reserved for a copyright owner, and there is no applicable limitation, this third party has to, essentially, ask permission. In the music industry, a musician asks permission to use other band's music by obtaining a license. The type of license needed depends on how the musician intend to use the music. If the musician plans to re-record another band's music then he must obtain what is called a mechanical license. But if the musician plans to perform the other band's music at clubs, concerts, etc., then the musician needs to obtain what I like to call a performance license (it is really just called a license, but I like to call it a performance license to stress the difference between that and a mechanical license).

Obtaining a mechanical license is not a very daunting task. Because United State's Copyright laws required that once a copyright owner has recorded and distributed a work (i.e., a song) to the U.S. public or has permitted another to do so, the copyright owner is required to grant a license (called a compulsory license) to another else who wants to record and distribute the song. A compulsory license is not free. The U.S. Copyright act provides for the compulsory license only upon payment of a licenses fee (called the statutory compulsory rate). Currently the rate is 8 cents per song for songs five minutes or less, or 1.55 cents per minute for all songs over 5 minutes.

If a musician wants to obtain a mechanical license, the first place to start is the Harry Fox Agency. (www.harryfox.com) The Harry Fox Agency represents publishers by licensing their work and collecting royalties on their behalf. The Harry Fox Agency web site provides a wealth of information and can even process applications for mechanical licenses if Harry Fox represents the artist whose work the musician wants to use.

If Harry Fox does not represent the artist who owns the work the musician wants to use, the musician should contact the artist directly to arrange for a license. If Harry Fox does not represent the artist and the musician either can't get in touch with the artist or the artist refuses to grant a license the musician may still be able to obtain a “compulsory license” from the Copyright Office.

First, a compulsory license can only be obtained from the Copyright Office if the primary purpose is to make a “phonorecord” (statutorily defined as “material objects in which sounds, other than those accompanying a motion picture or other audio visual work are fixed”) for distribution to the public. A compulsory license will allow the musician to create a new musical arrangement of the work. However, such a new arrangement can not change the basic melody or fundamental character of the work.

The process of obtaining a compulsory license can be rather straight forward or complex, depending on a variety of factors.

Obtaining a performance license can be just as simple (or complex) as obtaining the mechanical license. There are a number of different agencies (called performing rights agencies) that license these performance licenses: BMI (www.bmi.com), ASCAP (www.ascap.com) and SESAC (www.sesac.com). Because the performance rights these organizations license vary (live performances, radio play, television, cable, Internet, bars, restaurants, hotels, shopping centers, etc) the rates charged will also vary. The license will have to be obtained from the agency that represents the artist who owns the work to be performed. The website for all three agencies allows users to search the list of artist each society represents.

Copyright Infringement and Remedies

Infringement Basic Definition
Anyone who violates the exclusive rights of the copyright owner is an infringer. However, the copyright owner must have an issued registration in hand prior to filing suit in federal court for copyright infringement. This is one reason why copyright registration is very important. Other reasons to register a copyright include: (a) the registration provides an official record of ownership and provides constructive notice to the public of the facts stated in the registration certificate; (b) if registration occurs within five years of first publication, this is prima facie evidence of the validity of the copyright and the information stated in the certificate; and (c) registration is required in order to be able to recover statutory damages (which requires no proof of actual damages) and attorney's fees.

Copyright Registration
Registration is permissive and may be done at anytime during the life of a copyright. Registration is done with the US Copyright Office.

Application For Registration
Applications to the US Copyright Office for copyright registration require that a form be filled out that is appropriate to the type of work being registered. The forms appropriate to each work which the practitioner will most likely encounter are the following: 1) Form TX for textual works, such as books, transcripts, instruction manuals, computer programs, poems, documentation, essays and articles; 2) Form VA for visual arts works such as paintings, drawings, graphical works, photographs or sculptures; 3) Form SR for sound recordings such as tapes, records, and CDS; 4) Form SE for registering newspapers, serials, periodicals and magazines; 5) Form PA for performing arts works, including dramatic works, audiovisual works (movies, audio tapes) and multi-media products; 6) Form CA is used to supplement registrations, such as to correct errors in a prior registration and 7) Form MW is used to register computer chip designs know as “mask” works. These forms and others, as well as instructions for filling them out can be found on the Copyright Office website athttp://www.loc.gov/copyright/forms/. After the form is filled out, the applicant must pay the filing fee listed on the form and submit two complete deposit copies of the published work as specimens of the work being registered. Unpublished works require that one deposit copy be submitted. Most registrations issue within 6-12 months of filing the application, and are accorded a date of issuance the same as the given initial filing date of the application form.

This article is the copyrighted property of the Sacramento News and Review and they have given Weintraub Genshlea Chediak permission to publish this article in its entirety.