Brief Encounters 19.

This week I'm performing in Brief Encounters 19.  Produced by The Tomorrow Collective, this performance series pairs 10 artists from different disciplines together, gives them two weeks to create, and then throws them onstage for three nights to perform.   I was contacted by the producers a few months ago.  They had seen me onstage before, and knew I could sing, act and (somewhat) dance, but they were intrigued that I was also a lawyer.  They wondered, would I be interested in being one of the Brief Encounters artists with my lawyer hat on?

The thought of meeting another artist, writing something (I don't usually write music or plays - this blog, my columns and the odd short story are about as far as I go), and then performing it - well, frankly, it terrified me, which is why I had to say yes.  So I did. 

I was pretty sure (and some of the artists have since admitted) that the person who got the lawyer as their partner was going to be choked and feel like they had to carry me through our 15 minutes (max).  And when I got paired with comedian Wes Borg, I was quick to reassure him that I had some artistic background to help us out. 

The first challenge for our pair was that Wes lives in Victoria, and I'm in Vancouver, and really stupid busy, between my jobs and Spamalot.  On my last free Saturday I flew over to Victoria to meet with Wes at his place to write our piece.  Instead, we ended up brainstorming a few ideas and then going to the Beacon Hill petting zoo to look at the baby goats and baby pigs.  Wes seemed unconcerned with us having something written that day, so I didn't press the issue.  It felt like a weird first date.  

Anyway, tonight's our first show, and I think it'll be fun.  Before we even met, Wes had the idea of us doing "Copyright Infringement: The Musical," and he kept going back to that throughout our brainstorming and writing process, so that's what we're doing.  I think you'll like it.  I've been sitting in dress rehearsal watching other pairs today and the other pieces are fascinatingly eclectic and cover a diverse array of themes.  It's really worth checking us out.  It's like the Pick n' Mix of art - if you don't like one piece in the bag, reach down a little further and you might find one you enjoy.

Brief Encounters runs tonight through Saturday at Performance Works on Granville Island.  Tickets are available online here.  Use promo code "DANIELLE" to get a discount.   Be sure to listen to North by Northwest this Saturday morning on CBC Radio One, as Wes and I will be talking about our collaboration. 

Post-Show Blues.

It's been a busy year for me so far in all respects, but it's been particularly packed with theatre, having appeared in three shows since February.  It's always a bit of a let-down when a show is over, but in particular, my last two shows, Assassins, with Pipedream Theatre Project, and then Spamalot, the 2013 Lawyer Show in which I played the Lady of the Lake (and which closed its sold out run last night), were fantastic experiences with great casts, and the end of each production has caused some major post-performance blues.  It's tough saying good bye to people you've become used to seeing every day - yes, you'll see each other again, but it's never the same, and the in-jokes become a little stale as time goes by, and you each join other casts and bond with new people.

So how does one get over that?  There are a few tried and true methods:

1) Lots and lots of gin at the cast party on Closing Night.  That way, the next day you are too hung over to feel anything but, well, hung over.   Beware, though - you walk a fine line between a "comfortable" hangover - meaning one where the effects can be somewhat easily remedied by McDonald's and re-runs of Buffy - and wretched misery the next day.  This was my chosen method for Assassins and worked out quite well, except for the miserable 9 a.m. walk back to our party location to pick up my Modo car the next morning. 

2) Abject wallowing.  Sleep in, refuse to get out of your PJs or brush your hair, re-live the "glory days" on Facebook, eat Goldfish crackers incessantly and talk to your cat.  This is what I've done today, as I only had one (!) scotch on the rocks at our Spamalot hijinx last night.  

I think my mom suspected that the post-show blues would be kicking in and acted accordingly.  She and my dad were here this weekend to see the show, and she quietly left a bottle of her perfume, which she has worn my whole life and which I refer to as "Momma smell," on my vanity, next to my own signature scent: 

Sometimes a girl just wants a hug from her mom, and when that isn't possible, well, at least she can SMELL her mom. 

The bright side of this whole shows-ending thing is that my roommate and common-law kitty is extremely pleased to have me at home:

I know I'm just being my melodramatic self, and I'll be fine (meaning highly functional though melodramatic) tomorrow.  But I'm having a good old fashioned sulk tonight while watching UK police procedurals in my jammies.   There may even be gin involved.

My new column with Canadian Lawyer: The IT Girl

I'm now writing a monthly column for Canadian Lawyer Magazine, called the IT Girl.  Each month I'll be scribbling about something tech related that catches my fancy.

You can read April's column here, and May's column here.  As the intended audience is lawyers, sometimes the columns won't be of general interest, but hey - who knows?  Maybe I can get you interested in the joys of outsourcing agreements even if you're not a lawyer.  Always good to be optimistic, Dani. 

Come see Dani in Assassins, April 3 - 13, 2013 at Performance Works

There are a few shows that end up on any musical theatre performer's bucket list.  Assassins, by Stephen Sondheim, is without a doubt one of them...which is why I'm so pleased to be appearing in Pipedream Theatre Project's production of the show, opening next week at Performance Works on Granville Island.  I'm featured in the ensemble and also playing Emma Goldman, the radical feminist and anarchist who inspired Leon Czolgosz (played by Dane Warren) to assassinate William McKinley in 1901.

Assassins first opened Off-Broadway in 1990, and the 2004 Broadway production won five Tony Awards, including Best Revival.

This innovative piece of musical theatre uses the premise of a murderous carnival game to present a revue- style portrayal of nine men and women whoʼve attempted or succeeded to assassinate American Presidents. The rules of time and space are bent, taking us on a nightmarish roller coaster ride in which assassins from different historical periods, from John Wilkes Booth to Lee Harvey Oswald, meet, interact and inspire each other to harrowing acts in the name of the American Dream.

Assassins examines societal violence and its contributing factors such as social and economic inequality, political corruption, lack of resources and care for the mentally ill, and gun control. It is Pipedreamʼs hope that this show will keep the discussion of these issues open and inspire the kind of critical thinking in our audience that can lead to positive change.
 
The casting for this show has been nothing less than inspired and all of the performers have been a delight to rehearse with.  Assassins stars:

Victor Hunter as the Balladeer
Alex Nicoll as John Wilkes Booth
Cameron Dunster as Charles Guiteau
Dane Warren as Leon Czolgosz
Alex Dafoe as Samuel Byck
Kurt Schindelka as Giuseppe Zangara
Ben Bilodeau as John Hinckley
Missy Cross as Lynette 'Squeeky' Fromme
Keri Smith as Sarah Jane Moore
Nikolai Witschl as Lee Harvey Oswald
Matt Hume as the Proprietor
Danielle Lemon
Steffanie Davis
Ryan Scramstad
Martin Story-Kapusta
Eric Biskupski

Produced by Keith Opatovsky
Directed by April Green
Musical Director Kerry O'Donovan
Choreography by Meagan Ekelund



You can buy your tickets online here.
 

On Curtain Calls

I'm appearing in The Rimers of Eldritch at Jericho Arts Centre until Saturday.  This Lanford Wilson drama takes place in a decaying Bible-belt town in Missouri.  The entire 17 member ensemble is onstage for the entire play.  Our director, Ryan Mooney, made what I think is a really interesting choice, to have all of us "town folk" onstage when the audience arrives, doing "town business" (my character, Martha, is cross-stitching and gossiping with her best friend, Wilma), and to stay in "town mode" during intermission.  At the conclusion of the play, in which a number of shocking events happen in quick succession, we do not bow or have a curtain call - we simply return to our activity in the town, and then quietly leave the stage, one by one.

The result has been that audiences have not really been clapping at the conclusion of the show - I think because they are not sure the performance is over until we have all left the stage.  From an audience point of view, we have been told that it's an emotionally powerful ending that leaves the audience feeling tense and uncomfortable - which is what we want them to feel.  However, as an actor I have to admit it's a little bit disconcerting.  I like the catharsis of stepping out of character, and being acknowledged by the audience for my work.  So the result is that I also leave the performance without resolution, feeling a little bit tense and uncomfortable.  It takes me an hour or so after the show to really let it go and shake off the emotions of the performance.

Don't get me wrong - I think our director, Ryan Mooney, made some brilliant choices in terms of staging, and I think it's been an interesting experiment that subverts tradition in a way that works for the piece.   And there is a history of shows that have no have curtain calls (Showboat?! Who knew?!), and I found lots of discussion on the Internet on this point (Exhibit A), and Ryan has had some very interesting conversations online with other directors who have concurred that in the right context, the lack of a curtain call can be extremely powerful.

What do you think?  Have you ever been to or in a show where there was no curtain call?  Did you see Rimers?  How did it make you feel?

If you'd like to see the show and experience what I'm talking about for yourself, we have performances until Saturday.  You can can buy tickets online at the Jericho Arts Centre's website.

Debunking Facebook "Copyright Declarations"

Monday morning.  Always a grumpy time, but never more so than when I log on to Facebook and find all of my friends posting silliness like this:

In response to the new Facebook guidelines I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, professional photos and videos, etc. (as a result of the Berner Convention).


For commercial use of the above my written consent is needed at all times!

(Anyone reading this can copy this text and paste it on their Facebook Wall. This will place...them under protection of copyright lawsBy the present communiqué, I notify Facebook that it is strictly forbidden to disclose, copy, distribute, disseminate, or take any other action against me on the basis of this profile and/or its contents. The aforementioned prohibited actions also apply to employees, students, agents and/or any staff under Facebook's direction or control. The content of this profile is private and confidential information. The violation of my privacy is punished by law (UCC 1 1-308-308 1-103 and the Rome Statute).
Facebook is now an open capital entity. All members are recommended to publish a notice like this, or if you prefer, you may copy and paste this version. If you do not publish a statement at least once, you will be tacitly allowing the use of elements such as your photos as well as the information contained in your profile status updates...  

There are so many things wrong with this, I don't know where to begin.  I hastily posted a quick few lines about why these Facebook declarations are actually useless, from bed, on my iPad, which was quickly liked, commented on and re-shared.  So I thought, now that I'm awake and had a cup of coffee, I would elaborate a bit more on why this particular Facebook declaration is crap, and also debunk some of the concerns about what the evil Facebook overlords are doing with your content.  

1.  Copyright Exists in Original Works, Whether You Declare It or Not.  

Copyright automatically exists upon the creation of an original work, and in most cases will vest in the creator of that work.  You don't need to "declare" your copyright in order to have copyright in your original photos, Facebook statuses and other copyrightable works that you post on your Facebook status.  

2.  It's the "Berne" Convention, not the "Berner Convention," and it's not new - it's been around since 1886.  Yes, 1886.  

So this Facebook declaration seems to suggest that as a result of some new convention, you now have copyright in your Facebook data.  Um, no.  The Berne Convention for the Protection of Artistic and Literary Works was first enacted in 1886, in Berne, Switzerland (get it?!), and under the convention, copyright is AUTOMATIC - no declaration or registration required.  Which kind of defeats the purpose of the whole "I'm declaring this as a result of the Berne Convention."  By the way, international conventions don't have the force of law until they're ratified by an individual nation - i.e., until Canada enshrined its principles in the Copyright Act.  Which we did.  A long time ago.  

3.  Copyright Protects an Original Work, Whether it's for "Commercial Use" or Otherwise.  

This Facebook declaration seems to suggest that you only need to give consent for "commercial use."  Err, that's great, but aren't you worried about non-commercial use, too, if you're posting this on your Facebook wall?  Anyway, just so we're all clear - under copyright law, you have to consent to ANY kind of use, which brings me to me next point...  

4.  In agreeing to Facebook's Terms of Service, You've Already Agreed to Facebook's Use of Your Data.  

When you signed up for Facebook, you had to agree to Facebook's Terms of Service (well, Facebook calls them the "Statement of Right and Responsibilities"), which are available for your reading pleasure here.  (oh, and - these "new guidelines" that apparently prompted this declaration?  You'll notice that Facebook's Statement of Right and Responsibilities, i.e., its terms of service, were last revised June 8, 2012.  So, yeah - not recently.  What the heck are these new "guidelines" that prompted the declaration?  I have no idea.)

Here's what you agreed to:   "For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it."   So.  You've already given Facebook just about as broad a license to your intellectual property as you can possibly give - subject to whatever privacy or application settings you set on your account. 

This is your contract with Facebook. By accessing and using Facebook, you agreed (and continue to agree) to this contract.    There are more details in Facebook's Data Use Policy about how Facebook uses your information, including the following:   "We only provide data to our advertising partners or customers after we have removed your name or any other personally identifying information from it, or have combined it with other people's data in a way that it is no longer associated with you."  

Facebook's Data Use Policy also says clearly:   "While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don't share information we receive about you with others unless we have:

- received your permission;

- given you notice, such as by telling you about it in this policy; or

- removed your name or any other personally identifying information from it."

5.  Your Posting of a Notice on Your Facebook Wall Has No Legal Effect.  The Only Remedy Available To You If You Don't Like Facebook's Terms? DON'T USE FACEBOOK.  

So, you've already got a contract in place with Facebook. The only way you could amend it (change it, in plain people speak) via Facebook status would be if you and Facebook agreed in your contract that you COULD amend the contract this way.  Guess what?  No dice.  Once again, refer to the Facebook Statement of Rights and Responsibilities.  Section 14 talks about how amendments to the contract are made.  Funny - declarations in Facebook statuses aren't covered! In fact, Facebook is the only party to the contract permitted to make changes. Even better, you agree by your continued use of Facebook to any amendments Facebook may make to the Statement of Rights and Responsibilities.  So maybe you should give that Statement a read sometime.  And then, you know, if you don't like the terms - DON'T USE FACEBOOK.  That's the only option available to you.  

6.  The Content Of Your Profile Ain't Private.  Unless You MAKE It Private.  

Refer again to Facebook's Data Use Policy.  Your profile is only private to the extent that you make it so, and to the extent that you haven't agreed to Facebook using or sharing some of your information.  

7.  Rome Statute?  Uhhh...Do You Mean the Rome CONVENTION?!  

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations is also old news - it was originally enacted in 1961 and Canada become a signatory to this WIPO (World Intellectual Property Organization) Treaty in 1998.  It did a lot of things, but mainly it gave performers rights in reproductions of their performances, and was a response to new high-falutin' technologies like VHS video recorders and cassette tapes.  So...yeah.  Again, you can't enforce an international convention personally - your country has to ratify it by enacting the provisions under local law.  So, for Canadians, you'd be talking about the Copyright Act.   There is a thing called the "Rome Statute," but it has nothing to do with intellectual property or privacy.  As my friend Monica Leonardo, a human rights lawyer, pointed out:   "Apart from provisions for the protection of the victims and witnesses and their participation in the proceedings at the International Criminal Court, the Rome Statute has no references to privacy whatsoever...and certainly not regarding the punishment of privacy violations by Facebook."

8.  UCC 1 1-308-308 1-103?! WHAT IN THE WHAT?   This is a reference to the  Uniform Commercial Code.  It's RECOMMENDED laws for how STATES (i.e., COUNTRIES) do business with each other.  Right.  Definitely applicable to my Facebook status update about my cat.

 9.  An "open capital entity" is not a thing.   

I think what the Facebook declaration-mongers are trying to get at here is that Facebook is now a public company, with securities traded on a public stock exchange (NASDAQ).  As a public company, the buying and selling of shares of Facebook is open to Joe Public and as a result, Facebook must comply with U.S. securities requirements, such as reporting its financial results to its investors.  Becoming a company with publicly-traded stock does not somehow mean that Facebook users' content is available to all investors or that Facebook is now publishing your relationship status on the stock exchange.  In 6 years of corporate/commercial practice (including a stint as a securities lawyer), I have never heard the term "open capital entity."     

So, at the end of the day, I will say this.  I'm not trying to make you feel stupid about your post.  You posted the Facebook declaration on your Timeline because it raised some concerns for you, about privacy and intellectual property rights.  And rightly so.  You should be concerned about those things.  Good on you. But guess what?  In using social media sites like Facebook, you've already agreed to give up some of those rights.  If you're concerned, read your contract.  And if you don't like the terms of your contract, don't use Facebook.  

I Mean, COME ON. How cute is this kitty?