This Week In History: 10/19 – 10/25

Manitou Messenger - Tue, 10/21/2014 - 11:47pm

Sunday, October 19th:  Pomp and Circumstance Premiers

On October 19th, 1901, the first movement of the Pomp and Circumstance Military Marches premiered in Liverpool. Composed by Sir Edward Elgar, this first movement, commonly known as “Pomp and Circumstance” has become the stereotypical music for high school and collegiate commencements. The first college commencement it was played for was Yale University’s graduating class of 1905.



Monday, October 20th: US Senate Ratifies the Louisiana Purchase

The US Senate ratified the Louisiana Purchase on October 20th, 1803. The purchase entailed the US purchasing 828,000 square miles of land from France for, in today’s money, $236 million—one of the greatest bargains in history. Getting the senate to approve the purchase was huge because President Thomas Jefferson had initiated the whole plan without congressional oversight, which led to great political debates; the senate’s ratification removed any question about the validity of the purchase.



Tuesday, October 21st: Guggenheim Museum Opens in New York City

On October 21st, 1959 the Guggenheim Museum designed by Frank Lloyd Wright opened its doors to large crowds for the very first time. The museum exhibits Impressionist, Post-Impressionist, early Modern, and contemporary art. The building is a work of art in itself, although it received marked criticism from the beginning.  In 2013, nearly 1.2 million people visited the museum, marking its importance both as a building and as an art museum.



Wednesday, October 22nd: Princeton University Receives a Royal Charter

On October 22nd, 1740, Princeton received its charter to conduct classes and grant degrees, making it the fourth oldest collegiate institution in the United States (although there is some debate between Princeton and UPenn). Originally called the College of New Jersey, when the university moved to the town of Princeton, it adopted the name of the town as its own.



Thursday, October 23rd: Battle of Leyte Gulf

From the 23rd to the 26th of October 1944 the largest naval battle of World War II, and possibly the largest naval battle in history occurred. The battle occurred after the United States’ invasion of the islands of Leyte. In response, the Imperial Japanese navy mobilized nearly all of its remaining naval vessels, including 9 battleships and 14 heavy cruisers, to repel the invasion. The Japanese were repelled by the US and Australian Navy, who inflicted over 12,500 deaths and sank 3 battleships. After this battle, the Japanese fleets never appeared in such strength again.



Friday, October 24th: “Black Thursday” Stock Market Crash

On October 24th, 1929, also known as Black Thursday, the US stock market lost 11% at the opening bell of trading. Traders were able to stop the slide temporarily, but the market sank again on Monday, slipping 13% and another 12% on Tuesday. Thus began the Wall Street Crash of 1929, signaling the beginning of the Great Depression.



Saturday, October 25th: Birth of Pablo Picasso

On October 25th, 1881 Pablo Ruiz y Picasso was born. One of the all-time great painters, sculptors, ceramists, among other artistic endeavors, he is credited with cofounding the Cubism movement and co-inventing the collage. He created many amazing works of art, including the Guernica, depicting the bombing of the city of Guernica Spain during the Spanish Civil War. Picasso died on April 8th, 1973 while he and his wife Jacqueline were entertaining friends for dinner.

Categories: Colleges

Northfield City Council approves library project predesign and funds safety updates

Northfield News - Tue, 10/21/2014 - 10:32pm
Stressing the importance of a community library, the Northfield City Council voted unanimously to approve the Northfield Public Library’s project pre-design and add extra funds to address safety conce
Categories: Local News

An Evening With Kevin Kling

Northfield Arts Town - Tue, 10/21/2014 - 10:24pm

Master storyteller Kevin Kling, award-winning composer Aaron Gabriel, and Interact’s incomparable Ensemble of Artists with Disabilities create an unforgettable evening of theater, humor, music, storytelling and film to benefit Interact’s work with artists with disabilities here in Minnesota, and around the world.

Ivey-award-winning composer Aaron Gabriel has created original songs and theater sound-scores for some of the Twin Cities’ most recognized music-theater performers, including companies such as Stages Theater and Theatre Latte Da.  Interact’s Music Director and Resident Composer for over five years, Gabriel rocks the house with songs that belt out the power of diva or the ethereal resonance of a choir of angels.  With several MN State Arts Board awards in his repertoire, Gabriel has composed work for two Interact international residencies, in Thailand and Africa, as well as a dozen original productions here at home in the Twin Cities.

Interact’s Artists with Disabilities just simply bring it.  Serious drama, politically incorrect cabaret, clowning chaos, nothing-sacred humor, dance, music and story  you’ll get a taste of their best during Kevin Kling & Friends.  Recognized by peers and critics with two Ivey Awards, this company of actors, singers, musicians, dancers and all-around amazing performers is what Interact is all about.  We’ve perfected it here at home, we’re taking it across the world to Thailand  and we’re sharing it all with you on November 8th!

St. Olaf Professor Emeritus Michael Leming (sociology, anthropology and Asian studies) is proud to co-sponsor Kevin Kling and Friends.  Professor Leming first experienced Interact’s work in 2009 and invited them to join his study-abroad program in Thailand.  Since then, Interact has helped develop a new theater for children with disabilities in Chiang Mai.

Kevin Kling and Friends especially celebrates Interact Thailand, part of Interact’s bold new direction to transcend borders and challenge perceptions of disability here in Minnesota, and around the world.


What:        Kevin Kling & Friends: an evening of theater, music, humor, film and storytelling
When:       Saturday, November 8, 2013,  7:30 pm
Where:      Kelsey Theater at St. Olaf College
Tickets:     $20 (Limited seating – purchase early)



Categories: Organizations

The Addams Family: A New Musical

Northfield Arts Town - Tue, 10/21/2014 - 7:22pm

The Northfield Arts Guild kicks off its 55th Season with The Addams Family, long beloved as a printed comic, animated cartoon, TV show, and series of movies, and now reincarnated as a family-friendly musical…just in time for the Halloween season!

With book by Marshall Brickman and Rick Elice (Jersey Boys) and music and lyrics by Andrew Lippa (The Wild Party), this new adaptation proves that even the ‘first family of spooky’ has the same concerns as every parent!

Three weekends: Oct. 24-26, Oct. 31- Nov. 2 and Nov. 7-9. Fridays and Saturdays at 7:30pm and Sundays at 2pm at the Northfield Arts Guild Theater, 411 West 3rd Street.

Categories: Organizations

Four Fireplaces We Love

Northfield Construction Company - Tue, 10/21/2014 - 6:14pm

The fireplace traditionally has been a necessary component and the “heart” of a home, functioning as a source of heat for many families. Its ambience and comforting warmth now provides contemporary homeowners and designers with an aesthetically pleasing centerpiece for any room, balancing function with beauty. We selected some of our favorite fireplace designs for the […]

The post Four Fireplaces We Love appeared first on Northfield Construction Company.

Categories: Businesses

Charter Commission Meeting

City of Northfield Calendar - Tue, 10/21/2014 - 6:12pm
Event date: October 23, 2014
801 Washington Street
Northfield, MN 55057

LWV: Upcoming candidate forums help voters make 'educated' decisions

Northfield News - Tue, 10/21/2014 - 4:45pm
Northfield residents will have the chance to learn more about the local candidates running in this year’s election during several forums hosted by the Northfield-Cannon Falls League of Women Voters.
Categories: Local News

Rice County aims to combat aquatic invasive species

Northfield News - Tue, 10/21/2014 - 4:15pm
Nine lakes in Rice County are currently infested with aquatic invasive species, and to keep the unwanted species from spreading, a prevention plan is in the works.
Categories: Local News

Two faculty members named to distinguished professorships

St. Olaf College - Tue, 10/21/2014 - 2:28pm

Assistant Professor of Music Christopher Aspaas ’95 has been named to the Robert Scholz Endowed Chair in Music.

Two St. Olaf College faculty members have been appointed to distinguished professorships recently established with the support of gifts from alumnus Steven Fox ’77.

Professor of Theater Karen Peterson Wilson ’77 has been named to the Patrick J. Quade Endowed Chair in Theater and Assistant Professor of Music Christopher Aspaas ’95 has been named to the Robert Scholz Endowed Chair in Music.

Fox established the two endowed chairs with gifts that will, through the Strategic Initiative Match, result in a $3 million commitment to support distinguished teaching. The Strategic Initiative Match is a St. Olaf Board of Regents program that provides matching funds for gifts above $50,000 that support the college’s strategic plan.

Scholz Chair
Aspaas joined the St. Olaf faculty in 2005 after earning his Ph.D. in choral music education from Florida State University, his M.M. in choral conducting from Michigan State University, and his B.M. in voice performance from St. Olaf.

He conducts the Viking Chorus, a 90-voice ensemble of first-year student men, and also leads the St. Olaf Chapel Choir, a 100-voice ensemble specializing in the performance of oratorio and larger multi-movement works.

In addition to conducting, Aspaas leads coursework in choral literature, choral conducting, and private applied voice. His travels as a guest conductor, clinician, and adjudicator have taken him around the world. Aspaas is also active as a tenor soloist and has performed solo roles with a variety of orchestras, including the South Dakota Symphony Orchestra and the St. Petersburg Chamber Philharmonic in Russia.

Scholz, a 1961 St. Olaf graduate, served on the college’s music faculty for nearly four decades before retiring in 2005. He led the Chapel Choir, Viking Chorus, Campus Choir (now Cantorei), and Chamber Choir in addition to teaching voice, choral conducting, and choral literature. In addition to his academic work, Scholz helped found the St. Olaf Summer Music Camp and assisted in planning the St. Olaf Christmas Festival. In 1995 Scholz received the F. Melius Christiansen Award for outstanding contributions to choral music from the American Choral Directors Association of Minnesota.

Professor of Theater Karen Peterson Wilson ’77 has been named to the Patrick J. Quade Endowed Chair in Theater.

Quade Chair
Wilson earned her Ph.D. in theater at the University of Minnesota, garnering distinctions in philosophy of theater, acting, playwriting, and dramatic theory. She also holds a master’s degree from the University of Minnesota and a bachelor’s degree from St. Olaf.

Since joining the St. Olaf faculty in 1979, Wilson has directed more than 30 productions and has developed more than 15 new courses, including an innovative class titled Who Owns the Arts? Censorship, Sponsorship, and Artistic Freedom. She was also instrumental in the establishment of the Minnesota Playwrights’ Center’s New Plays on Campus program, which brings emerging playwrights to colleges and universities across the country for full-scale productions of their scripts. She has directed four productions that she discovered through the program.

Quade, a 1965 St. Olaf graduate, served on the college’s theater faculty for nearly three decades and directed International and Off-Campus Studies for nearly a decade before retiring in 2005. He taught more than 20 different courses in theater and communication and directed more than 70 theater productions. His production of Godspell was a national winner in the American College Theater Festival.

In addition, Quade founded the St. Olaf Children’s Theater Institute, implemented a Fine Arts Elementary Education Program for public schools, and created a workshop that helps elementary and high school instructors teach writing.

Categories: Colleges

Chaquaco Sunset

Manitou Messenger - Tue, 10/21/2014 - 2:00pm

“Chaquaco Sunset” by Andrew Wilder ’15. He captured this photo at his home south of Santa Fe, N.M. with his iPhone camera.

Click image for larger view.

Categories: Colleges

Minnesota’s Open Meeting Law and social media: A step in the right direction

Wigley and Associates - Tue, 10/21/2014 - 1:42pm

On August 1, 2014, Minnesota’s Open Meeting Law was amended to guide the use of social media by elected officials:


The use of social media by members of a public body does not violate this chapter so long as the social media use is limited to exchanges with all members of the general public. For purposes of this section, e-mail is not considered a type of social media.

As a consultant who specializes in online citizen engagement, I was excited to see this change. It has seemed to me that elected public officials in Minnesota have been generally reluctant to participate in online public policy-oriented discussions out of fear that a violation of the open meeting could occur.

But a closer reading of the new statute raised some questions in my mind.  A July 21 article about the new law in the Faribault Daily News titled Elected officials and the use of social media included this:

Reporter Brad Phenow: “Come Aug. 1, elected officials can use social media without the fear of violating the law, so long as the use is viewable by members of the general public.”

The reporter’s use of the word ‘viewable’ seemed wrong to me, that the statute’s emphasis on “exchanges with all members of the general public” indicated that interaction was a required component.

But I still was left wondering how those ‘exchanges’ would have to be structured.  For example, could I host a week-long blog/Facebook discussion in which the first couple of days were devoted to interaction among city council members, followed by several more days of interaction between council members and the public? Could I moderate a live one-hour web conference, Google Hangout, or Twitter exchange that featured 15 minutes of discussion among the members of a school board, followed by 45 minutes of Q&A with the public?

On September 24, I attended an Open Meeting Law workshop hosted by the Information Policy Analysis Division (IPAD) of the Minnesota Department of Administration.


The IPAD staff indicated that they believed the statute’s use of the phrase “limited to” was key, that the intent is to not allow exchanges among a local unit of government’s elected officials but only between the elected officials and the public.  They indicated that this was a result of negotiations between the Minnesota Association of Townships Association and the Minnesota Newspaper Association.

A May 2 article in the Rochester Post Bulletin titled Quam’s social media bill faces stiff opposition describes the disagreement prior to the bill’s passage:

This session, the Minnesota Township Association and the Minnesota Newspaper Association worked to craft compromise language that would have only allowed public officials to interact with the general public on social media and not each other. But that proposal ran into stiff opposition in the Minnesota House last week. Members on both sides of the aisle said they fear this bill will hurt the public’s ability to know what their elected officials are doing.

… He [Mark Anfinson, a lobbyist for the Minnesota Newspaper Association] said the big problem with the earlier bill’s language is it does not specifically limit public officials to interacting with the general public, leading to the possibility that they could be interacting with each other online.

At a basic level, this indicates to me that a local elected official can now engage in discussions with their constituents on their public Facebook page timeline, the comment threads on their blog, or their Twitter feed. If one or more elected officials from that same elected body joined these discussions, they would have to be careful to address their comments only to the public.

Likewise, it indicates to me that special online events involving a local unit of government’s elected officials must be structured in a way that prevents (discourages? minimizes?) those members from interacting with each other. For example, a live web conference could use a Q&A format where a moderator and citizens submit questions to elected officials who then respond back directly to them.  A moderator’s task would be to intervene if the elected officials tried to interact with each other.

I can imagine a scenario in which the elected officials talk about one another. For example, Councilor Jones might say/write, “I think Councilor Smith is sadly mistaken on that point because…” followed by Councilor Smith responding with “What Councilor Jones doesn’t seem to realize is that…”   It could also be done in support of one another, eg, “Councilor Smith’s rationale makes perfect sense to me.”

Would that type of exchange be a violation of the statute? I don’t know but my inclination as a moderator would be to intervene and ask the elected officials to refrain from using each other’s names.

So I’m glad to see this change to the statute and I’m eager to work with local units of government to put it to use for the benefit of citizens and their elected officials.


Categories: Businesses

Rotary Cogwheel | 10.23.2014

Northfield Rotary Club - Tue, 10/21/2014 - 1:35pm

Today: Char Carlson, chair of Northfield Library Board (Bill Carlson)

Birthdays: Mark Gleason (10/20), Barry Carlson (10/22), Rob Martin (10/23) and Doug Crane and Brett Reese (10/25).

Next Week: Sam Daly, Sniffing for Bombs in Afghanistan (Fossum)

Last Week:

Wokie Daboh is attempting to improve the educational system in Liberia, one classroom at a time.

She sees education as a pathway to a better quality of life. Through her nonprofit “Project Blackboard,” Wokie, a human resources executive for Target Corporation, is investing time and money in rehabilitating schools, training teachers and providing resources for students.

A graduate of Cooper High School in Robbinsdale and the University of Minnesota, Wokie has a strong familial connection to Liberia. Her mother immigrated to the United States from there before Wokie was born. Her father is an emigrant from Sierre Leone.

Liberia is still reeling from 14 years of civil war. The majority of the population cannot read or write, government support for education has dramatically eroded and now the Ebola epidemic has forced schools to close.

But Wokie is undaunted. She selected Bushrod Island School in one of Monrovia’s poorest neighborhoods for her initial project. She traveled there in July, refurbished the classrooms and held a teacher training. She hopes it will have a positive impact on the school’s 325 students.

Measures of success, she said, will be improved student performance, more parental and community engagement, established academic standards and more resources.

Wokie also provided heartfelt testimony to the powerful influence teachers have on students. Her host, Richard Maus, was her eighth grade math teacher. When asked what made him such a positive influence in her life, she said he pushed her to do her best work and never gave up on her. And then came the tears.


Richard Maus said the book he wrote about his polio experience — Lucky One — proved to be a therapeutic exercise. After committing his story to paper, he said he rarely thinks about it anymore. And life now goes on.

Guests: Philipy (Rich)

Scholarship Enhancement: John Fossum

First Job: Chris Weber makes a mean 500-egg omelet. He acquired that skill managing a Boy Scout dining hall on summer assignment in northern Wisconsin. He provided food for 200 three times a day. He is now a big proponent of automatic dishwashers.


— President Rich announced the three local service projects recently adopted by the board.

We will be contributing $5,000 to the Save the Depot campaign, and we will work with both the Musical Playground Project for Way Park and the Northfield Skateboard Coalition to help raise $15,000 for each project. The board evaluated six proposals before arriving at this mix.

— Rob Bierman updated the order on the re-engineered Turkey Trot. This year it will begin and end at the Carleton College Weitz Center at Third and Union. It will also, for the first time, be a vehicle for collecting non-perishable food items for the Northfield Food Shelf. Runners will be invited to bring an item to the race. If are not able to attend the event, please bring a food item to our November meetings. Rob said we still have room on the shirts for a couple more sponsors.

— There is a Rotary Foundation event Saturday, Nov. 1, in Oakdale at the venerable Prom Ballroom. If we send eight or more, we get a discount on registration fees. Let President Matt Rich know if you are interested in attending.

— Todd Thompson said he picked up on a suggestion from Jean Wakely and has launched a “kickstart” campaign to fund music education in Guatemala. For more information, write to: todd@

Coming Up:

Nov. 6 — Jonathan Adams, RESTORE Project Director (V. Dilley)

Nov. 13 — Nick Frohner, Asian Carp (Anderson)

Nov. 20 — Stacey Zell, Northfield Hospital Sleep Center (Schlichting)


Categories: Organizations

St. Olaf soccer ties with Gustavus

Manitou Messenger - Tue, 10/21/2014 - 1:00pm

Kevin Skrip ’16 looks to control the ball against Gustavus Adolphus College. The Oles were unable to hold on to an early 1-0 advantage, as the game ended in a 1-1 tie.

The St. Olaf men’s soccer team took on Gustavus Adolphus College on Oct. 4 in a homecoming game that had a little bit of everything, including missed chances and missed calls. The game ultimately finished 1-1 in front of a 438-strong Ole crowd.

The Oles got off to a dream start in the 9th minute, when Phumelela Sukati ’15 scored a magnificent goal from just outside the box. After a long free-kick into the penalty area, Sukati controlled a failed clearance with his first touch, then hit a delightful shot into the upper left corner of the goal to give St. Olaf the early lead.

With St. Olaf maintaining its 1-0 advantage into the 88th minute, it seemed as though Sukati’s early goal would be enough for victory. However, a contentious decision in the dying stages of the game gave the Gusties a final chance. On a play in which St. Olaf’s Kevin Skrip ’16 appeared to be brutally fouled, officials instead ruled a Gustavus corner. Following the corner, the Gusties were able to draw level when Eric Schneider ’15 slotted home from close range. The score remained locked at 1-1 as the game headed into overtime.

Both teams had major chances in the first period of overtime, the most obvious being a handball missed by the officials, which would have resulted in a penalty to St. Olaf. However, the referees called play-on, much to the dismay of the majority of fans in attendance. Gustavus went on to control the second period of overtime. Gustie player Ryan Tollefsrud ’15 had the best chance to win the game, but he was unable to put his header on target after being left unmarked five yards out from St. Olaf’s goal. It proved to be the last good chance of the match, and the game ended in a 1-1 tie.

The post-game also proved to be entertaining, with Gustavus coach Mike Middleton describing Rolf Mellby Field as “the kind of pitch only good for planting potatoes” in a post-game report. He lavished praise on his Gustavus team.

“I can’t imagine many teams have played that type of football on that pitch in the last few years,” Middleton said.

St. Olaf will return to MIAC action on Oct. 11 in a clash with Macalester College. The Oles currently sit alone at the top of the conference, three points ahead of the Gusties.


Categories: Colleges

Former Fink Barbershop to come down by end of November

Northfield News - Tue, 10/21/2014 - 1:00pm
The former Fink Barbershop, located at 219 Water Street, is almost ready for demolition after crews removed asbestos from the property.
Categories: Local News

The Georgia State eReserves Case Appeal Decision: a practical guide for librarians

Pegasus Librarian - Iris Jastram - Tue, 10/21/2014 - 12:31pm

Wikimedia Commons

Last Friday the 11th Circuit Court of Appeals handed down its opinion on the Georgia State (GSU) eReserves Case. The Cambridge University Press et. al. v. Patton ruling (the case’s formal name) sounds pretty dire if you only read the good parts version: they reversed the original District Court decision which library folks had mostly liked quite a lot (and which I wrote about here).

Now, if Judge Vinson had had his way, the ruling would have been pretty dire. For real cringe-worthy reading, have a go at his concurring opinion starting on page 113. But the majority opinion upholds much of the method of thinking about copyright that the original District Court opinion used and which made so much sense to me (with a few caveats, but really, it was pretty good).

The Gist

In effect, the new ruling says that the District Court got things mostly right, but occasionally wrong, and that now the District Court has to go back over everything and come up with a new ruling based on the Circuit Court’s instructions on how to think about things differently on a few points. Now, this could mean that not a whole lot changes the second time around, or it could mean that a lot changes on the case-by-case analysis, but for the most part I’m encouraged to see that the parts of the analysis that matter to us will remain largely unchanged.

Also, I should note that neither court opinion is law outside of the 11th Circuit (which is Georgia, Florida, and Alabama), and that whatever the District Court comes up with next will likely be appealed again, so this saga could go on for decades. Even so, these opinions give us some good guidance on how to think through the copyright decisions that we make every single day, so they are worth reading and understanding. Also, the opinions quote heavily from important case law on copyright, so they serve as an excellent introduction to the major cases involved in educational copyright.

More Detail

For those of us who deal with the day-to-day work of providing course readings to students, here are the portions of the case that are relevant to our decision-making.

First of all, the plaintiffs (the publishers) really wanted the Court to make a ruling on whether eReserves, as a system and a practice, was a violation of copyright law, just in general. They cited non-transformative distribution of published works as copyright infringement. The Court refused to make that judgement, which is good news for libraries and higher education. (Had it been left to Judge Vinson, things would have gone very differently.) A practice or system can’t be fair use or not, only individual uses can be fair use or not. And furthermore, even non-transformative uses can be fair use in some circumstances (see page 73).

So if we’re to make decisions on a case-by-case basis, what will that look like? Well, one of the strengths of this ruling is also one of the things that makes our jobs harder. The Circuit Court rejects all “bright lines” or simple math that will “mechanistically” determine whether a particular use is fair or not. There’s no checklist available that will spit out a perfect answer. In fact, the District Court’s initial plan to assign each of the four factors of fair use a point and then just add up the points at the end is the primary thing that the Circuit Court said needs to be re-thought. Instead, the Circuit Court says that you have to weigh each of the four factors while you ultimately try to decide if the use will promote rather than hinder the kind of knowledge creation and sharing that copyright law was intended to encourage. The Classroom Guidelines are not law and cannot be used to make blanket categories of things fair or not fair (see pages 88-89). In fact, they say that even “best practices” can only get you so far — that only an “individualized fair use analysis” will do the trick (page 85).

While all of this is consistent with the law and with prior cases, it also makes it really tricky for libraries to advise classroom instructors about what is and is not permissible when it comes to putting readings on eReserve. In effect, this decision is saying that if you say “10% or 1 chapter and everyone’s happy” you could still be in danger of infringing or causing infringement. Instead, this ruling suggests that the only way to move forward intelligently is to make and record individual, case-by-case assessments for each use. Recording the decision-making process is important because if an employee of a non-profit educational institution, library, or archives makes a decision “in good faith” that the use is fair use, the court will not levy statutory damages (see section 504(c)(2) of copyright law). If you’re looking for a model of this kind of policy, the University of Minnesota has a fantastic web form that talks people through their case-by-case analyses and then allows them to save a copy of their decision-making process: Thinking Through Fair Use. One option would be to have classroom instructors attach something like this as a cover sheet with anything they submit for eReserves.

So, how then shall we think about the four factors? The first factor is often seen as a win for educational copying (especially since “multiple copies for classroom use” is written into the fair use section of copyright law, section 107). The 11th Circuit says it’s not quiet that simple, but then ultimately says that GSU’s uses were non-profit enough and educational enough that the first factor favors fair use pretty much across the board.

The second factor was up for some debate. The District Court said that since the works at issue were all non-fiction, the second factor weighed in favor of fair use. The Circuit Court countered that there can be plenty of creative intellectual work in non-fiction publications, so this factor really has to be applied on a case-by-case basis to each use. At best this factor is neutral in determining whether the use was fair or not.

Predictably (by now) the third factor also has no easy answers. You can’t just say “10% or 1 chapter will always be safe.” Instead, you have to decide if you’re taking just what you need in order to accomplish goals that are consistent with fair use. Essentially, you have to balance this factor with the other three on a case-by-case basis.

Practically speaking, the Circuit Court sets an impossible bar for making decisions about the fourth factor, the Market Effect factor. They would like the case-by-case analysis to come up with a yes or no answer to the question: Will this use substantially impact the market for this work or for licenses of this work (but only the license piece if there’s a substantial license market for the piece)? There’s really no way for someone outside of the publishing industry to have access to the numbers and projections that would make this determination possible. Probably the closest approximation would be to decide that if there is a license available for digital excerpts, we should assume that that weighs against fair use for the fourth factor. I’m not happy with the license market becoming a market, and I’m really not happy with the massive emphasis on economics, but that appears to be the way the 11th Circuit is thinking about things. Remember, though, that having one factor weigh against fair use is not the whole story. You still have to weigh that one factor against the other three and against the ultimate mission of fair use and copyright. No easy answers allowed.

And finally, a word of caution. You may find people talking about what constitutes a “whole book” when calculating percentages copied. This issue has not been decided. The publishers want it to be the main body of the book, and GSU wanted it to be all the pages in the published book, including the index and tables of contents and such. The District Court decided not to answer this question because it was raised too late in the proceedings, and the Circuit Court said that the District Court was within its rights to decide not to decide.  So far, that’s as much as we know.

More coverage from people who know more than I do:

Categories: Citizens

Today’s news update – St. Olaf telephone SOLD; Grant money for High school sports; Preliminary layout for pedestrian crossing heads to MnDot for approval; Library expansion project approval on Council agenda

KYMN Radio - Tue, 10/21/2014 - 12:02pm

St. Olaf telephone SOLD

After having been tentatively sold to Arvig and placed in the middle of a battle at City Hall between Jaguar and Arvig, St. Olaf Telephone Company has been sold to Jaguar, the company who eventually won the contract with the City of Northfield.  Customers were notified via email on Friday.  In a phone call with Accounts Manager, Carol Roecklein (reck line) she said that while the agreement’s been signed they are awaiting approval from the FCC and the PUC which could be 60 to 90 days.  She did remark that it will likely be sooner rather than later.  St. Olaf CFO, Jan Hanson, repeated the 2 reasons the college is getting out of the phone business;  the new technology would require a large investment and the core mission of St. Olaf is education not running a phone company. She would not disclose terms of the agreement but said that Jaguar started courting the local telephone company soon after they won the City contract and Arvig backed out.  Roecklein and Hanson both said there’s talk of Jaguar opening a storefront here in Northfield.

Grant money for High school sports

The Northfield School Board approved participation in the State High school league foundation grant program.  They get dollars from the League to help support activities fees for students who might not otherwise be able to.  Superintendent Chris Richardson said last year 130 students were able to take advantage of the funding.  While the High School League helps fund student activities, the Booster Club also generously supports athletic programs.

Preliminary layout for pedestrian crossing heads to MnDot for approval

The preliminary layout for the pedestrian improvements at the intersection of TH 3 and Third Street has been forwarded to MnDOT District 6’s staff for review. The design should be completed in time for construction in 2015, if the Council votes it through. This would have to be an addition to the 2015 CIP and could potentially be done in conjunction with Second Street.  That project’s price has escalated.  Based on a more detailed analysis,, the estimated cost has increased because additional reconstruction is recommended. The current estimated cost is $3.2 million. City Administrator Nick Haggenmiller says this far exceeds the CIP allotted amount. As a result it is recommended that the project be split into two phases.  This will be on Council’s November 10th meeting agenda to accept the feasibility report and a public improvement hearing will be set for December 2nd.

Library expansion project approval on Council agenda

The Northfield City Council meets tonight.  There are 2 public hearings.  One for the Riverview Industrial Park Street reclamation and the other or order plans and specs for the project.  On the regular agenda is just one item, the Library expansion project.  Last week during the work session Library Director Teresa Jensen asked for more money.  Specifically $262,000 for building improvements to get it up to code.  That’s above the $1 million council agreed to.  They’re also asking for the City to front them $250,000 to be paid back into the General Fund over a multi-year time period.  The meetings are now streamed through the City’s meeting portal.  Mayor Graham will be in studio tomorrow morning at 7:20 to discuss the meeting.

Click below to listen to FULL newscast:

10-21-14 news

Listen for news updates on-air at 6, 7, 8, Noon, 3 and 5

The post Today’s news update – St. Olaf telephone SOLD; Grant money for High school sports; Preliminary layout for pedestrian crossing heads to MnDot for approval; Library expansion project approval on Council agenda appeared first on KYMN Radio - Northfield, MN.

Northfield Police Department to hold open house for new building

Northfield News - Tue, 10/21/2014 - 12:00pm
Northfield residents will have a chance to tour the new Northfield Police Department building during an open house on Thursday.
Categories: Local News

10-22 Rice County public safety report

Northfield News - Tue, 10/21/2014 - 10:30am
For the full log of police calls, visit You can also check out the Rice County Interactive Crime Map on the home page at
Categories: Local News

‘Morning Show’ with Jeff Johnson | Suzie Nakasian 10/21/14

KYMN Radio - Tue, 10/21/2014 - 10:01am

As part of our Election Series, Jeff Johnson speaks with Suzie Nakasian, current Ward 1 Councilor.  She is up for re-election.  Her challenger is Joe Gasior.   This is not a debate format.  However the League of Women Voters will be holding a debate October 23rd at City Hall – we will stream the meeting as will City Hall.  It starts at 6pm with Rhonda Pownell and Dale Gehring.  Nakasian and Gasior will debate at 7pm.


Click below to listen to the full interview:


The post ‘Morning Show’ with Jeff Johnson | Suzie Nakasian 10/21/14 appeared first on KYMN Radio - Northfield, MN.

Stevens Earns MIAC Athlete-of-the-Week Honor

Carleton Sports - Tue, 10/21/2014 - 9:53am

The Knights are currently on a seven game winning streak, and rookie Lucy Stevens has been an integral part of Carleton's success. For her outstanding performance, Stevens received her first MIAC Volleyball Hitter-of-the-Week award.

Categories: Colleges

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