Off the Cutting Room Floor of I Built This Prison: Clip #1: Authorship Under Employment


It’s not just your basic human rights that get clipped. You know the inherent copyright rule that everything you create is yours? Not if you created it within your employment framework. As hired help, we lose any and all forms of authorship. Whatever we develop, design, formulate, innovate, write in a normal course of our paid work responsibilities belongs to the compensator. The re-using or duplicating your own prior achievements in any other business can be subject to litigations, which, at best, is throwing money into the wind and, at worst, will ruin your life.

Here’s a classic pop-culture example that can make it clear for everyone. In 1982, Tim Burton, then employed by Walt Disney Feature Animation (a subsidiary of Walt Disney Studios), wrote a poem titled The Nightmare Before Christmas. Being who he is – I mean, an incredibly talented visual storyteller – he considered various possibilities of translating it into images: a TV special, a children book… He created the concept art, the storyboards, and even got Rick Heinrichs (a production designer on many subsequent Tim Burton’s projects, as well as both Ghostbusters, all Pirates of the Caribbeans, etc.) to sculpt the character models… But Disney of the time (CEO E. Cardon Walker) deemed the project too “weird” and stalled it… Then, in his two-year stint as Disney’s CEO (1983-1984), Ron Miller was more interested in creating the Touchstone, which allowed Disney to develop “grown-up” movies, than in Tim Burton’s beautifully morbid ideas – he fired the auteur in 1984.

Thank God for that, because in the next eight years, Tim Burton went on creating Pee Wee’s Big Adventure, Beetlejuice, Batman (all for WB), and Edward Scissorhands (for 20th Century Fox). Yet, the quasi-autobiographical turmoil and conflict between the strangeness of character and the desire to fit into the spirit of a “happy holiday” (never mind that it’s Halloween) that he conceptualize for Jack Skellington have never really left Burton’s creative horizons. Around 1990 he checked… And guess what? Disney still owned it. And by then it was already a Michael Eisner and Jeffrey Katzenberg’s domain with the turf fertile for producing a full-feature Nightmare.

Oh, of course, they gave Tim Burton the creative credit – as the story and characters’ developer. And they listed him as a producer… Why wouldn’t they? His movies were already commercial and critical successes – the instant cult classics that, nevertheless, generated box office numbers in multiples of their budgets. Who wouldn’t want to smack Tim Burton’s name on a billboard? But it’s not like he could take this child he conceived and labored to birth – his creation, and take it away to some place where he could nurture it. No… It was fostered now by people with no blood relations. They even didn’t want to wait until the birth parent was free to play with it (he was committed now to Batman Returns at WB)…. They hired their own nannies from within – a screen writer (Caroline Thompson) and a director (Henry Selick)…  

Don’t get me wrong: I love The Nightmare Before Christmas the way it ended up to be – the stop-motion animated musical with genius music and voice of Danny Elfman. Still, for 30 years now, I’ve been wondering: What it might’ve been if Tim Burton’s parental rights were not terminated by the fact that he was paid a salary by Disney at the time of the authorship…

And as I said, the same rules apply to all achievements attained by a paid employee under the constriction of employment. Whether it’s a product – either creative or physical, a formula, a solution, a process, a recipe, a construct, a logarithm, a program, an optimization matrix, an analytical macro, or a KPI dashboard – it does not belong to you just because you created it. It’s in the possession of the people who paid you your wages. They are the ones who get to use and reuse it, whether you are still attached or separated from them.”

                    Deleted from I Built This Prison, Chapter 4 – Bucket of Tears… and Blood    

Quote of the Week: Another Twist to That Old Aphorism


“Money doesn’t buy happiness.  But happiness isn’t everything.”

                                                    Jean Seberg

                                                    1938 – 1979

Quote of the Week: A Tall Order for Minorities Everywhere


Scandal-301-rowan-reads-livRowan (Eli) Pope:  How many times did I tell you?!  You have to be what?!

Olivia Pope:  Twice as good as them to get a half of what they have.

                                                                 Scandal, Season 3, Episode 1

The Frustrated CFO's Comment: 

I'm not placing this excerpt into quotation marks.  First of all, it's not an exact citation – on screen it gets all broken up, because the characters interrupt each other with anger, frustration, exasperation, and all other similar feelings; Eli is yelling, and Liv is sort of shudders and attempts to shy away - all those over-the-top dramatics and stuff.  More importantly, though, it's not an original phrase.  Shonda Rhimes, who actually penned this episode herself, is brilliantly entertaining, but she didn't come up with this maxim.  Many African-American journalists, bloggers, and celebrities commented on its wide-spread popularity in their families and communities.  Some even tried to date it – 70s, 50s…

The truth is, however, this concept doesn't belong exclusively to black people of the United States.  In fact, everywhere around the world similar formulas are spoken in different languages to bright and promising children who will have to spend their lives jumping over the barriers raised in front of them for no other reason than their minority status: Kurds in Turkey, Chinese in Indonesia, Hui in China, Indians in Uganda, Rohingyas in Burma, Jews and Gypsies wherever they are, etc., etc., etc.   

Furthermore, the applicability of this mandate goes way beyond race and ethnicity.  The same mantra is adapted as a way of life by every marginalized overachiever even in our blessed land we call "Free Country:" women going into "men's" professions; immigrants with strong accents attempting to climb corporate ladders; members of LGBT community trying to get a job outside of the fashion and the entertainment industries; overweight and deformed individuals applying for any position; young talented people without connections trying to break into especially nepotistic fields – the list is long. 

Growing up a Jewish girl in one of the most anti-Semitic of European countries, I was barred from many professional careers and life opportunities.  And in those that were permissible, someone like me had one chance in a thousand.  My personal slogan was even more maximal: I had to be the best just to get in.  Was I able to completely shake off the disenfranchised complex after nearly three decades in America?  Fat chance!  For starters, I'm a woman…                   

10 HR Lessons From Summer-Binging on “The Good Wife” Plus Some Other Stuff


The Good WifeIn the TV business, summer traditionally has been considered an off-season.  Primarily because the broadcast networks' prime series go on a 4-month hiatus after completing their 20+ episode seasons.  Nowadays, of course, it's not all that relevant for TV viewers, because…  Well, for multiple reasons, really, but to name a few:  

First of all, if you prefer edgier premium cable series, your TV viewing patterns are driven by  2-3 month seasons scheduled at different times throughout the year: Shameless airs January through March, Game of Thrones and Silicon Valley - April -June, Masters of Sex – July-September, Homeland –  October-December, etc.  Even if you are into blending your TV cocktail out of cable and broadcast ingredients, you most likely use on-demand and DVR options to accommodate your personal schedules and to fill the airing gaps.  Plus, some broadcast networks now have "summer shows" – short-seasoned and "limited" series aired specifically to cover the off-season void: Hannibal, Wayward Pines, Under the Dome, Aquarius, etc.

The most important factor, however, is that we've stopped being restricted by conventional TV ever since Netflix came along.  First, they made the idea of going to video stores and looking for something to watch unnecessary.  We were so grateful for digital searching, online ordering, and USPS drop-ins and drop-offs.  But then even walking to the mailbox became unnecessary, because they made a tremendous volume of content available for IP streaming, including rare and obscure movies, shows, documentaries, anime, etc. from all over the world! 

They didn't stop there either - they got into creating their own original programming.  And then Amazon followed suit!  As a result, we got access to gems that make me feel as if I am living through some sort of an indie renaissance via the Internet: House of Cards, Orange Is the New Black, Peaky Blinders, Grace and Frankie, Sense8 (Netflix originals), Transparent and Mozart in the Jungle (Amazon's originals).  It's fucking incredible!

Moreover, not only that streaming content is available everywhere you can go online, it's available in whole seasons.  There is no waiting for weeks at a time until the next episode; no mid-season separation anxiety; no loss of vital details from previous weeks.  Technically you can watch a 12-episode season in one day.  It is my understanding that some people actually do that. 

Netflix had at their hands the best market-testing sample imaginable – their entire subscription base.  They must've noticed early on that a large percentage of the viewing population doesn't restrict itself to one episode at a time.  They even installed a special probe at the start of the third consecutively watched episode to test whether you are actually binging or have simply fallen asleep on your couch.  Brilliant! 

Yes, binging – as in excessive indulgence, as in manifestation of addictive personality traits.  Not a new thing, really.  TV networks (USA especially) have been scheduling rebroadcasting marathons since the 80s.  By offering this opportunity to audiences with pretty much any kind of preferences, Netflix forever altered the cultural lives of millions of people. 

The phenomenon itself became a marketing tool for Netflix's competitors, who want you to know that you can replicate this experience with them as well:  This summer, Amazon actually used the phrase "binge on your favorite shows for free" in its promotional messages for Premium subscriptions.  HBO, still holding onto their highbrow status, softens it by offering you to "feast" on your past and present favorite shows on HBO GO.

Poor David Foster Wallace warned, way before streaming had become a household concept, that Television is the one and only true American addiction.  He predicted that catering to user demand for content of their choice whenever and wherever they wanted it (remember the "direct dissemination"?) may irrevocably alter us and potentially result in the crumbling of human will.

But who am I to judge?  Yes, my life is too busy for hardcore binging and I refuse to watch an episode of anything on my goddamned iPhone, but I've been taking advantage of on-demand entertainment ever since it was first introduced by American cable providers 15 years ago.  Then came iTunes 6.0 (2005).  Today – Netflix, Amazon Prime, Hulu Plus, HBO Go, Showtime Anytime – I've got them all, including a Fire Stick to carry them with me wherever I go. 

But that was not the topic of this post, was it? (Too bad you cannot hear me laughing at myself.)  This was meant to be a brief introduction to the shocking fact that, even with all that variety of quality entertainment on hand, at some point in July I found myself with my personal TV time-slot empty.  And let me tell you, that made it hard to ignore the binging and feasting callings of the content pushers.

I browsed the variety of offerings and ended up with The Good Wife on Amazon Prime.  It used to be one of the shows I watched during its active seasons – all the way through the middle of Season 4.  But then, 2013 announced its arrival to Netflix with their first two major originals, plus Top of the Lake, plus The Fall, the first season of Broadchurch, etc., etc.  I'm a busy woman – something had to go.  Now I picked up where I left off.  

I have to admit, assuming you manage not to paralyze your life or degrade your mental and motoric agility, watching multi-season, multi-episode shows without gaps measured in weeks and months has its undeniable benefits.  Complex and intricate storytelling loses some of its power when it's broken up into weekly installments and then gets shelved away for 4 or more months.  Reducing these gaps not only allows for a more detail-oriented viewing, it also gives you an opportunity to assess the show's merits and values in a more coherent way. 

Aside from the most obvious and well acknowledged attributes of The Good Wife - strive for realism; acute attention to the impact of technology on our lives; honest depiction of shifting morality; head-on tackling of race, class, gender, sex, and all other divides - what I like the most about the show is its refusal to label itself as a single genre.  We can definitely identify it as a Drama, but the range of applicable modifiers is quite long – family, political, crime, legal, courtroom.

But what I realized while watching seasons 4 through 6 now, was that in it's wardrobe full of genres, The Good Wife's favorite outfit was the Workplace Drama.  One law firm, another law firm, State's Attorney's office, governor's office, clients' businesses (including a drug-distribution organization), you name it - all of them are depicted as places of employment.  And the human relationships inside these businesses play essential roles in the show's storytelling.  The office politics, alliances, squabbles, hiring, firing, promotion, compensation, peers' competition, subordination, fraternizing, partnerships, resignations, harassment, even telecommuting -  all of them have been used as plot points.

Once I started noticing, I've found so many typical and easily recognizable Human Resources issues,  it was hard to pick the following ten:

  1. Any employee, no matter how highly positioned and compensated, is always a disgruntled employee.  It's remarkable how much pent-up gall towards Lockhart & Gardner started spilling out of Alicia and Cary as soon as they left to set up their own firm.  They were never that rude to any other opponents as they were to their former bosses.  What was it that Cary said to Will and Diane? That watching them squirm gives him an immense pleasure?  It's the nature of a subservient position – no matter what, we don't like it.
  2. Why don't we like it?  Because there is no such a thing as a fair boss. Every boss believes that you belong to him, yet he doesn't really need you and will do just fine without you.  That's why bosses never bother acknowledging, even to themselves, your full contribution and think that you should be grateful for what you've got.  Aside from always high-in-demand Kalinda, all other major and minor characters have experienced that.
  3. Recruitment is the most depressing of all managerial responsibilities.  Will and Diane need to hire more attorneys.  They sit down with their headhunter to look at the resumes she already preselected for them.  Barely glancing at them, Will goes, "No, no, no…"  And let me tell you, whether you are an asshole or a saint, this is what you do.  And I know that not everyone sees a life story behind every resume, still it's an incredibly unpleasant exercise for all.
  4. An easy interview is rarely a successful one.  Will is interviewed by Geneva Pine and her colleagues in his bid for an outsourcing contract with the State Attorney's office.  It goes great – quick and short; no follow-up questions, no drilling into specifics.  Why? Because it's just a formality – Lockhart & Gardner were never even seriously considered. Whether you are pitching yourself for employment or your company's services for a contract, the interviewing principles are exactly the same.  A short, formal, and overly polite interview means that you are not getting the job.
  5. Only full-time employment comes with benefits coverage.  This one is important because many people are still confused.  Kalinda, who has been working for Will for years, is appalled that newly hired Robin has medical coverage.  Except Kalinda cannot possibly qualify for benefits because she is a 1099 contractor with other billable businesses.  This allows her not only to delay paying social security taxes, but also makes a lot of her expenses tax deductible.  In order to receive company benefits one must be a full-time payroll employee with a minimum of a 30-hour workweek.  You cannot have it both ways.
  6. All computing and communication devices provided by employers belong to the said employers.  I know that many viewers may feel dismayed when they hear various bosses on the show proposing to hack into their employees' emails.  The truth is, however, that the employers are absolutely within their rights.  All devices paid for by the employer and everything inside of them are the company's property.  Not only is it implicit, but it is explicitly outlined in every single Employee's Handbook.  Yet, so many people treat the company's equipment as their own.  Hillary's personal email debacle is one recent memorable example.  People, don't be cheap and lazy, buy yourself a personal phone, external hard drives, and whatever else you need to keep your private contacts, communications, and files separately.
  7. The impervious pregnancy shield.  Governor Florrick's Ethics Czar Marilyn Garbanza is pregnant and the father is 76-year-old!  Can you trust a person like that with any type of government responsibility, let alone the one that requires clarity of reasoning?  Yet,  nobody reassigns her (of course, she cannot be fired – that's a lawsuit right there), because her condition blocks everyone's common sense.  In fact, her looks merited more suitability discussions than the fact that she made a decision to have a child with a septuagenarian.
  8. Workplace honesty is a relevant thing.  There is an information leak from Florrick/Agos.  Three key people (two lawyers and one investigator) privy to the information are being questioned.  All three deny any involvement.  Alicia says, "These are the most honest people I know."  Mind you, at different points in time we've seen these characters mislead their clients, lie to their opposition, trap witnesses, steal information and evidence, even betray one another!  Yet, that was all done in the "normal course of business;" to get the job done, i.e. to perform your professional duties.  Nowadays, nobody considers dishonesty on behalf of one's employer amoral.  I've done it and you've done it; everyone does it.  Are we absolved and untainted because we presume there is no direct personal gain?  That's the question.
  9. How do you know when someone in the office is sleeping with the boss? Look for the telling signs.  People cannot help themselves – they get emboldened by the perceived closeness to "power."  The person in question will stand too close, laugh too loud, dress inappropriately, pick fights with peers, become insufferable for subordinates and less diligent with their duties.
  10. One should always be aware of the temporary and unstable nature of any HR structure.  People die, get arrested on obscure charges, move on for higher salaries, or decide to be homemakers.  Companies go through mergers, buy-outs, and hostile takeovers.  And nobody, literally nobody, has a good life – everyone is fucked up and thoroughly unhappy, no matter how hard they try to hide it.  So, there is always a good chance that they may check out – out of job or out of life.  Or do something completely insane, like trying to shift from Law into politics.

But the most valuable life lesson one should take away from The Good Wife is that you should never ever burn all the bridges and cut all the ties, because you never know with whom you may need to partner next.  

Banksy’s Dismaland: A Social Experiment


On Saturday, August 22nd, internationally famous British street artist and social rebel Banksy declared his latest project Dismaland open to the public. 

I’ve noticed that many commentators rushed to label the large-scale art installation dystopian, but I tend to disagree.  Dystopia is an imaginary place where everything is scary and bad.  But Banksy’s mini “park” in Weston-super-Mare (UK) is an artistic re-imagining of a fairy-tale theme park in the harsh light of our miserable reality.  From what I’ve seen, instead of saying, “Imagine if everything was horrible,” the site screams, “Take off your pink glasses and see the horrors around you.  Look in the mirror and see who you are.”

While Dismaland is basically a collective art show (50 artists in total) and Banksy himself contributed only 10 pieces of his own into the mix, it is first and foremost his aesthetic concept, his political declaration, his social commentary.  And even if you never bothered yourself with an interpretive analysis of art and know very little about this artist and his work, as long as you know something you most likely know that

  1. Banksy is a provocateur.  As the best of the street artists before him, he seeks to stir and cause awareness.
  2. Banksy is a social critic who is focused on exposing the flaws of contemporary society’s structure and its perversity.
  3. Banksy is a student of anthropology who probes human reactions to various stimuli he creates with his projects, from early anti-establishment graffiti to Exit through the Gift Shop and Gaza Strip Clip.  Some sharp and extraordinarily observant people have suggested, for example, that Mr. Brainwash was Banksy’s creation from start to finish – a test to see how far hype can lead the artsy herd.     

Knowing this makes it hard to resist a thought that, regardless of the artistic merits and social significance of the individual pieces inside, a stationary installation with a six-week limited run and a daily allotment of only 2000 tickets priced at a laughable £3 is Banksy’s latest experiment in human behavior.  His name itself is a perfect sensationalistic stimulus required to initiate the chain reaction ripe with observational material.  He already knows what an attraction he is – his 2009 Banksy vs. Bristol Museum show was attended by 300,000 people in 12 weeks.

It started immediately.  As soon as Dismaland’s site came to life the day before yesterday, 6 million people attacked it trying to pre-book the admission tickets; crushing the site.  We cannot know what proportion of these people were scalpers, but a few tickets (most likely fake)  are being offered on eBay for $700.  (It’s worth noting that the “park” would have to stay open for over 8 years to accommodate 6 million people).

Now that the online ticketing is disabled (supposedly temporarily – until Tuesday), people are queuing in person and there are definite reports of ticket hopefuls camping out around the site.  Of course, it is only the second day of the show, but it is easy to imagine that the number of campers will only increase. 

For those of us who stayed for hours and sometimes days in front of museums just to get in, or concert venues to win a place by the stage, it is easy to envision further developments: lists organized by orderly art-lovers, marks on hands, attempts to join a “party of friends” upfront, offers to buy someone’s place for an exorbitant amount of money, yelling matches, and fist fights. 

Things like that happen around events that only last for a few hours.  This one will be open for six weeks.  So, those with the especially strong propensity for an escalation of commitment may be there for days upon days with limited access to food and hygiene – dirty, unfed, angry, and semi-violent “art lovers.”   

Remember?  Dismaland is an absurd version of a Disney park and the most dismal part of a Disney experience is the lines.  Recreating that in an extreme way is an art piece of its own right.  Every single person trying to get in becomes a part of Banksy’s art project and even more so when they finally get inside and start wandering among the attractions.

So, ask yourself: Do you want to be a part of Banksy’s social experiment?  It’s up to you to decide whether it’s more important to attend and be a subject in it, to watch from the sidelines through media, or to purposely not engage.  Banksy’s Cinderella’s Castle centerpiece seems to be asking the question – what will it take for people to look away?

Acknowledgement:  Special thanks to Y.A. Crow for invaluable advice and inspiring editing