Sorry folks, but due to a complaint from Ralph Dewey (a.k.a. BubbleGuy) Daniel McCullough's Killer Whale Hat (http://www.balloonhq.com/column/dewey/mar08/) can no longer be viewed here. Please follow the link if you want to see this excellent hat.

-Princess

Hey Fitzwilly,
Why do you have instructions on the Clown Forum for Daniel McCullough's Killer Whale Hat when you weren't given permission to use them? Please explain.

Waiting to hear your answer.
BubbleGuy

I had asked a similar question of Patricia Bunnell and was told once they are put on the web, then they are out there for anyone to use. Plus Fitzy gave credit to Daniel for the work, so all is as it should be!!!!! Thanks Fitzy for taking the time to share with all of us, and thanks to Daniel for ALL his creations and generosity in sharing!!!!

I have been in email contact with Daniel about his improved instructions.

To take artwork, photos, text and other works from the Internet and then place it on your web page is not the proper thing to do. If you have their permission, then it is okay. Even in Kindergarden we were taught to not take things if they didn't belong to us. Recently the Balloon HQ email list was buzzing about a promoter in Denver using photos of balloon dresses on his web page to promote his event. A lot of people were upset about the improper use of their balloon dress photos. How would you feel if your work was taken from your web page?
BubbleGuy

He didn't take them and pass them off as his own!!!!! He gave Daniel credit and also got permission!!!!!! What's the beef????? I also feel it's wrong to ATTACK someone in a public forum before you even have all the facts as to how a particular situation was handled!!!!! How would you feel if someone did that to you and you had taken all the correct steps to do things the proper way!!!!!!

To take artwork, photos, text and other works from the Internet and then place it on your web page is not the proper thing to do. If you have their permission, then it is okay. Even in Kindergarden we were taught to not take things if they didn't belong to us. Recently the Balloon HQ email list was buzzing about a promoter in Denver using photos of balloon dresses on his web page to promote his event. A lot of people were upset about the improper use of their balloon dress photos. How would you feel if your work was taken from your web page?
BubbleGuy

BubbleGuy, First of all I have not been ignoring you. I was lecturing at the COAI convention in Virginia and in the week since I have been playing catch up, trying to keep too many balls in the air so that I might be able to afford a bit of liquid gold for mt gas tank. Secondly, this is not my site. I am simply another entertainer who found a site that I wanted to participate in. Thirdly, I in no way claim or claimed credit for the different instructions, I tried to include as much information as possible so that the correct people got credit. I posted the different instructions when a number of newer twisters were asking for advice and ideas. A number of us posted links for sites with plenty of information but for some of the more technologically challenged that still wasn't easy enough so I posted a few things here to help them out. Generally, when someone posts detailed instructions on the web it is because they have a passion to spread information so that everyone may benefit. If that person only wants a select few to see their work then the information is usually password restricted or has some dollar amount attached. If you want to think about it, very few brand new twisters or clowns or family entertainers who are just getting started in balloons have any idea where to start, they need encouragement and direction. After they have developed a bit of basic knowledge and the passion that often stems from that then they want to grow, so they start buying DVDs, books, perhaps even an old VHS tape or two, and they become a valuable asset to the twisting community, but they need that helping hand to get started.

I believe the true nature of a clown is to share. While the majority of our little world play well with others- there obviously are a few who do not.

It does not take very long to figurer out who are the nice guys are. It is not rocket science. Fitz is one of the good guys, and if you pay attention just a little bit you could see that.

I thought to myself...self, maybe I should stay quiet about this. Maybe there is more there than I know. But then, Maybe this is the place to say whatever you want to without thought or care. So I decided to give it a try.
Hhuummm, I think I do feel better now. I hope Fitz feels a little better now.

Here at Clown Forum we try to treat people the way they want to be treated. If the designer of this wonderful balloon sculpture is unhappy with it being shown here, I'll honor his wishes and take it down. If he wants a link to his site in exchange, he'll get a link. If he wants a round of applause, that can be arranged too. I find most people just want recognition that they did the work, and their peers like it.

BubbleGuy, what's your interest here? Are you the balloon artist? The photographer? The web designer? If so, what would you like to see happen here?

Fitzwilly,

On behalf of all new clowns that are trying to improve, we appreciate all that you do on this forum to help us to be all that we can be. Many of us do this as a ministry and funds sometimes can be and issue, so you have been blessing to us. I certainly understand the need to protect our property, but also have complete faith and confidence that you would never do anything like that intentionally (by evidence of your permission of the author). I hope that this incident will not cause you to continue to help all us little ones in need. So on behalf of all new clowns, take one "Attaboy".

God Bless

Fair use.
Fair use is one of the most important, and least clear cut, limits to copyright. It permits some use of others' works even without approval. But when? Words like "fair" or "reasonable" cannot be precisely defined, but here are a few benchmarks.

Uses that advance public interests such as criticism, education or scholarship are favored -- particularly if little of another's work is copied. Uses that generate income or interfere with a copyright owner's income are not. Fairness also means crediting original artists or authors. (A teacher who copied, without credit, much of another's course materials was found to infringe.)

Commercial uses of another's work are also disfavored. For example, anyone who uses, without explicit permission, others' work to suggest that they endorse some commercial product is asking for trouble! Yet, not all commercial uses are forbidden. Most magazines and newspapers are operated for profit; that they are not automatically precluded from fair use has been made clear by the U.S. Supreme Court.
[Link (http://www.fplc.edu/tfield/copynet.htm)]via Franklin Pierce Law Center

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.
[Link (http://en.wikipedia.org/wiki/Fair_use)]via Wikipedia

Thanks for the great pics Fitz! That particular balloon would probably be one of the most requested out here in Seattle. We love our Orca pod (http://seattletimes.nwsource.com/html/localnews/2003639287_babyorca28m.html)!

Don't let them get you down Fitz, keep up the good work, I have learned a lot from your posts and every one that you have done I have always noticed that you gave credit to the person who did the original design.

Oh, not THEM. You mean HIM.

Hello Clowns,
BubbleGuy here. Daniel is the person with the Killer Whale hat idea. Ralph Dewey was in collaboration with Daniel. Ralph took the photos and wrote the text explaining how to make it. That is how the Balloon HQ column was created. Neither Daniel nor Ralph was asked by Fritzwilly if it was okay for their work to be taken from the Balloon HQ web page and placed on the Clown-Forum. Then Daniel wrote Fritzwilly an email discuss discussing some improvements about Daniel's design. Daniel assumed that Ralph or the Balloon HQ had given permission to use the hat instructions. Then Daniel asked Ralph if he knew anything about the hat instructions being placed on the Clown-Forum. He did not.

I was trying to point out that taking the work of others from the Internet and placing it on another web page is wrong. I contacted Patricia Bunnell and found out her comments about freely taking work from the Internet had been taken out of context. Check what I posted and you will find that I didn't say anyone on the Clown-Forum was passing off the work of others as their own. Nor was I attacking anyone. I was merely asking why they had used the material without permission.

The Princess of Bozonia asked me what my interest in this matter was and what I would like to see happen. Instead of having the Killer Whale hat instructions by Daniel on the Clown-Forum, place a link to the Killer Whale Hat column which is copyrighted on the Balloon HQ web page. I'm all for sharing ideas. In fact, I've written free balloon articles every month for the last seven years on the Internet. Material from my balloon books plus some of my Internet balloon photos have been taken and exploited. All without my permission. I'd like to see that stopped. By the way, when I'm not the BubbleGuy, I'm usually called Ralph Dewey. Now isn't that just duckie.

Ok BubbleGuy, you've got it. Fitzwilly just left Clown Chat for the evening, but tomorrow he'll replace the post with a link to BalloonHQ's page with the killer whale. (Unless someone else can find the link for me sooner? I don't have an account there.)

BalloonHQ Columns - Ralph Dewey (http://www.balloonhq.com/column/dewey/mar08/)

The entire archive of all the balloonhq articles (including all of Ralph's) can be viewed, by all, here:

Balloon HQ - Archive of Past Columns (http://www.balloonhq.com/column/indexpast.html)

Oh, not THEM. You mean HIM.

Right you are

Dewey: I think maybe you could have handled this a little better.

No credit was taken, no harm was intended.

Do you think it could have been resolved nicely and in privite?

I seems as if you are blaming Fitz because OTHER people use your work and take the credit. This has happened to all of us. It is part of being an artist. I accept this knowing those who imitate can never achive the quality I create. I would think you would too.

I don't believe anything negative was intended at all. I am sorry if you felt there was. Not as an apology for fitz, that is not my place. I'm sorry you have such negative feelings in your heart that you would seek to embarase someone publicly and needlessly. I have always known you to share your creativity and want the best for all around you.

This has bothered me all night because you have been an important person in my life for so long. I hope I am seeing this wrong and you did not intend to retaliate against Fitz for what others have done. I honestly believe he only intended to help others with no benifite to himself.

Here is the apology that I sent to Mr. Dewey via a private e-mail earlier today and he asked me to publicly post it here, so here it is:

Hello there Mr. Dewey,

I just wanted to apologize for jumping on my soapbox the other day. I just felt badly for Fitzwilly, because I thought he had done what he was supposed to. I was under the (obviously mistaken) impression that if you gave credit to the creator(s) and had permission, that the post could be made.

I was under the impression also that permission had been granted. You have now corrected that information and I was wrong and sincerely appologize for my mistake. BubbleGuy just seemed to be presented as a new member that seemed to be looking to stir up trouble and we here at the forum (and I'm not speaking for anyone else here) have a tendency to protect each other.

I'm glad that they are fixing things for you and I hope you won't hold it against us. We are just always trying to help each other out, and I truly don't believe that it was done in anything but the spirit of trying to help others.

Thanks for listening. Sincerely,
Duckie the Clown
a.k.a. Cheryl A. Wolf

I was trying to point out that taking the work of others from the Internet and placing it on another web page is wrong. I contacted Patricia Bunnell and found out her comments about freely taking work from the Internet had been taken out of context. Check what I posted and you will find that I didn't say anyone on the Clown-Forum was passing off the work of others as their own. Nor was I attacking anyone. I was merely asking why they had used the material without permission.

I have been trying to hold back from posting anything further but with the request for a public apology (if I am not mistaken) from Duckie I really feel the need to comment on this.

BubbleGuy: Placing others work on a web page for purposes of scholarship is not wrong. It would be if the authors were not given credit but Fair Use (http://en.wikipedia.org/wiki/Fair_use) (see my other post) covers Fitzwillys post. You can nicely ask for your stuff not to be posted but that's really all you can do. I am sure Fitz would have taken it down if you had made a polite request though.

You say you were not attacking anyone but how exactly did you feel your original post should have been answered? Could it have been fairly answered by Fitz? In my opinion no. To me, you publicly called out Fitz with a passive aggressive post and continue to post as if your behavior was perfectly acceptable. It wasn't.

I don't know you so I would not dream of judging your character on this one incident however your post was offensive to me, and other clowns here who have publicly stated it and now you've requested a public apology from Duckie? How about an apology from you for your passive aggressive post that upset several of us? Personally I can easily let go of things so I am not truly requesting such a gesture from you. If this happens again some place else I hope you will handle it differently.

Jeremy

Very well stated Chance, I have purchased a lot of Mr. Dewey's books because of the few posts that Fitz has made. I was enticed by the balloon art that I saw posted and wanted to learn more, I was looking forward to going to see Mr. Dewey in person when I was able, but now after this attack on Fitz (which I believe to be totally unwarrented and done in bad taste) I am having second thoughts about that.

This entire thread saddens me. It started with exactly what this forum is here for...support and gainable knowledge for the First of Mays or the seasoned clowns/performers. I guess the question of what the right ethics are when trying to share publicized information is what comes into play. I think Chance is right.
I absolutely love Balloon HQ and used to be a member (I'm a deco-twister). I had to let that membership fee lapse, so, I don't get to see as much, but, I still visit from time to time. BTW, the credit given to the designer and the credit given to the location at the site was a good plug for the site and the designer as well. I'm sure it generated an inquisitive stir. Now I'm not so sure after all of this. I'd hate to see Ralph, Balloon HQ, or Daniel be tarnished by this in anyway.
Mr. Dewey, I had the pleasure of meeting you a few years back at Joey to the World in Houston. My first ever (and only) encounter with other professionals and education. You inspired me so much from the beginning of my clown-hood through all of your books (I have more of yours than anyone elses'). You had inspired me so much up to that point that I paid for and brought 8 Jr Joeys with me from my church. What a blessing that event was for our children. I'm sure you don't remember me. We only spoke breifly, but I remember you (and the shoes I won in the raffle woo-hoo) and isn't that what counts? Isn't that what you are protecting?

I have visited site after site upon your recomendation. I have put so much forth in my own efforts due to your encouragement and simplicities. I built a business 700% due in part to your designs I learned and shared with others. You were a big reason for my success. But just because you have been such a wonderful staple in the entertainment community (soft tone, gentle approach) does not in any way mean that you are always correct. If I may, I'd like to see if you would be open to seeing this from a different perspective (I love that word perspective).

A cool balloon design has been shared on a web site. (Keep in mind the purpose of this website: for professionals and potential clients of the professionals to come and gain knowledge of skills, share accomplishments, have a portfolio available for viewing, find local artists for hire, view local artists portfolio, and communicate with others for upcoming events, jams, etc.)

It was noticed by someone from our forum (I don't even know now, so, I can't quote, I came into this a bit after it had started) and shared what a wonderful design it is. (Our forum's purpose: to support other's in our profession, to uplift, to share knowledge of skills and events, and to encourage the understanding of thinking out our crafts, Not a marketing website)

So, in keeping with the spirit of the forum, the design was shared. And all of this was included with the sharing....what the design was, who designed it, where it was found, and that it would be a cool design to do.

Sounds like a virtual Jam session to me. If someone is jamming and they had recently found a recipe posted, and said, "I found this on BHQ by Daniel, whatch this, I'll show you how" and actually duplicated it at the jam, (which is why the recipe was posted, so it could be duplicated), would it be unfair to share it? Or would you rather someone say, I can do this but I'm not going to share with you how, go to the site yourself?

Before posting recipes that we have gained knowledge of, that we want to share (like it was shared with us due to it being posted), are we to contact the authors of every book, video, column, or publication? I'm not sure if that is feasable, and I don't think I'd get many of my phone calls returned, and I know that the 8 people I trained in my business wouldn't have gotten very far, and neither would my business. It's simple really, if you don't want someone to share what you are sharing....don't share it. Don't be surprised when you actually get the compliment of wanting to continue to pass it on.

Kinda like sharing cooking recipes....I love to bake, and share recipes quite often. If I was asked how to make my Coconut Cream Pie, and let's say I had gotten the recipe from an online magazine, do I share it? Or say, go to the site yourself. I'm sorry, but I cut and paste (which is one of the few things I know how to do on a computer besides point and click). If I say I got this out of the Chocolatier' magazine's January issue, it's awesome...try it. Am I wrong for sharing what the intention of the posting actually was. (Posted for the purpose of sharing)?

Is it unethical to actually carry out the purpose of the posting, even though it wasn't done in a way that was ideal to you? Wouldn't it be more unethical to not share it to keep others from growing? Most things we learn in this business is learned from someone else. Then we take it and put our own spin on it and either perform it or teach that to someone else or both. But that's why we buy books, dvds, go to conferences, attend alley meetings, search web sites, belong to organizations and participate in forums. To grow and to share the growth process. There is nothing unethical in that.

The design was not sold, nor did any monetary gain happen due to sharing the design. So why was it wrong? Because monetary gain didn't happen? I totally understand your defense of such a wonderful, helpful, educational balloon site. However, I believe the intent in which the material was shared was overlooked, and quite honestly filled the purpose of its posting.

I have taught many people how to do your designs, then told them to buy your books because you have a simple way of explanation, and you have wonderful designs to get starters going. I wonder how many have bought because I shared your designs. I wonder how many visited BHQ because of a posting that brought about awarness to some that didn't know about it's existence.

I don't think that you being a well known contributor, Mr. Dewey, is a reason for a "public appology". If, in fact, you asked Duckie to share her individual private appology, I don't understand the reasoning for it. I also believe that if we are to confess to one another, then that is what we should do. (Confess-let others know of one's misdeeds.) And if someone feels they need to appologize to someone, then it is ok to be just between the two of them. In the same way, that if one feels they have been wronged by an individual, it is ok to go to that individual to try to straighten it out. If you had no way of getting ahold of that person individually, then I can see why a public request of information was made, but, I'm sure there was another way of going about this.

I have a lot of respect for you, Mr. Dewey, and this instance doesn't change that for me. You are still a huge staple in my growth. I have a lot of repect for the purpose of this forum too, as it has allowed me to be more personal with other professionals when I need it, and it allows me to contribute what little bit I have to contribute. It's very warm and inviting here.

I promise you, anything that is shared on this site is not in vain, but accomplishes many of the goals you, yourself have set out to see met. The love and joy of balloon art and family entertainment living on.....think about it!

I did send you a private email expressing how I felt your post was very well thought out.

I am a member of BalloonHQ and post sort of often there. I am a member here to, but think I've posted maybe a total of 6 times, if that. Once in a while, I come to this forum just to see what you all are talking about. Another member site I enjoy learning from is MBD2.com that site is mostly balloon related but does offer face painting, and entertainer business information. I donate a small amount in order to take advantage of some of the "Member Only" benefits like the scheduled chats, online downloadable pod casts. There is even a section where you can write a review on entertainer dvd's, books and other instructional materials you may have.

In closing, I'd like to say that it is nice to see a supportive group of clown friends who not only looked at both sides here but also willing to understand the problem to correct it.

Carmen Tellez
Carmen@CharmandHappy.com
Los Angeles, CA

I think it's time we put this topic to rest. We all know Fitz meant no harm, gave full credit to everyone involved and only sought to help others learn. BubbleGuy, being new here and unfamiliar with the culture of this forum, probably thought his concerns would not be listened to and therefore saw a threat where none existed.

Everyone can still view the instructions to this killer whale hat by visiting his site. My compliments to Daniel McCullough for his very fine hat design!8-)