The Insanity of Having To Prove My Work Has Value...AGAIN

Exactly two years ago today, Judge Conley’s decision was entered on appeal, and Judgement was granted on the issue of whether my 33 copyrighted illustrations constitute separate works. There are some real gems in this decision and you are welcome to read it HERE Case: 3:15-cv-00298-wmc Document #: 356

Flora appealed this decision for the second time, and the Seventh Circuit’s decisions were mind-boggling to say the least. Now, as I prepare for the second jury trial as to whether my copyright protected works have independent economic value, I am consistently flabbergasted by the raising-of-the-bar for artist’s in the Seventh Circuit as it pertains to Copyright. The Seventh Circuit’s decisions are available here

III. Conclusion

“We will attempt to leave no room for doubt about the scope of this remand.” Bradley, 59 F.4th at 905. We reverse the district court’s grant of summary judgment both for violating our mandate and improperly weighing evidence—this case will now proceed to trial on the question of damages. The scope of our remand (and the trial) is narrow and is limited to determining whether Sullivan’s illustrations “constitute 33 in- dividual works or instead are parts of two compilations (corresponding with the two advertising campaigns in which Flora used the illustrations).” Flora I, 936 F.3d at 568–69.

Determining whether the individual works are part of a compilation is a threshold statutory damages question. The fact-finder’s determination may be that only the two compilations have independent economic value, all 33 individual illustrations have independent economic value, or somewhere in the middle. At trial, Flora is not prohibited from “nitpicking” specific aspects of the 33 illustrations to show that they lack independent economic value. Arguments Flora raised here, and during summary judgment below, that directly relate to the independent economic value test are within the scope of remand and are not waived. But Flora is not permitted to relitigate the issues of infringement or joint authorship. These issues have already been decided by a jury and fall outside the scope of our remand.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

Investigating Additives and Toxins in Our Food- Xanthum Gum

For today’s mystery guest we have Xanthum Gum! What is it? And why should we care?

Xanthum Gum, I see it all the time and had no idea what it what was. Today I noticed it in my yogurt and thought I’d check it out.

Xanthum gum is a common food additive that is used as a thickening agent in various products such as sauces, dressings, and dairy alternatives. It is not found in nature and has to be manufactured. According to the USDA, it's made by taking a carbohydrate, such as glucose or sucrose, and fermenting it with bacteria. Fermented bacteria? Yuck.

While it is generally considered safe for consumption in small amounts, some people choose to avoid it due to potential side effects. Xanthum gum can sometimes cause digestive issues such as bloating, gas, and diarrhea in individuals who are sensitive to it.

Additionally, some studies suggest that xanthum gum may affect blood sugar levels and could potentially lead to spikes in insulin. As a result, individuals with certain dietary restrictions or sensitivities may opt to steer clear of products containing xanthum gum.

Spring Has Sprung!

And a heap of color is about to be reveled in a new website and two cool new product lines. Stay tuned!

Xylitol -Mystery Food Investigation

For today’s mystery guest we have Xylitol! What is it? And why should we care?

Xylitol, our second mystery guest that begins with an “X” …wonder if it’s relevant.

Xylitol is a sugar alcohol often used as a sugar substitute in products like chewing gum, mints, and toothpaste. While considered safe for human consumption, xylitol can be extremely toxic to dogs. Ingesting even small amounts of xylitol can cause a dangerous drop in blood sugar levels in dogs, leading to symptoms like vomiting, seizures, and, in severe cases, liver failure. Pet owners should be extremely cautious to keep xylitol-containing products out of reach of their furry companions to ensure their safety.

Greetings from Wisconsin

A little Albert Camus love for my Northern friends because I finally learned that Winter can be a wonderland. x

Free Worldwide Shipping

Enjoy free worldwide shipping from my friends at Society6 until January 10, 2016 at Midnight Pacific Time. *Free Shipping offer excludes Framed Prints and Canvas Prints

Click here to receive Free Worldwide Shipping
before January 10, 2016 at Midnight 

New Year + New Goodies

Wanted to wish you all a happy New Year and thank you for all of your support. Looking forward to 2016 and sharing with you some of new work and products I've been putting together over the past year. Here is a little sneak peak at part of a new pattern collection that will be available on all kinds of quality goods from my friends at Society6

Free Printable Snowflake Gift Tags

Happy Holidays Friends! Just wanted to quick share some free printable snowflake gift tags with you. Wishing you all a fun and happy holiday! xo, Amy

Click to download

p.s. I did not include trim lines on this file, please let me know if you would like them and I will post another file.

Happy Birthday Pops!

Today my dad turns 60 and I've been thinking about all of the fun times we've had over the years. I have so many memories of cruising over twisty country roads in Wisconsin’s beautiful Driftless Area where I was fortunate to spend my childhood. Whether in mom’s VW Beetle or “surfing” by standing up in the back of the orange 1970’s VW Camper Van. One day however, Pops really upped the ante on our childhood passenger experience when he brought home a “new to us” green futuristic looking Volkswagen Scirocco.

I don’t recall the name of the road, but there was an especially twisty and hilly stretch between Ironton and Reedsburg WI that we called “Vampire Valley” and it was so densely wooded that it was always dark. Even during the sunniest of days.

On this road, was what my brother and I dubbed the “Whoop-dee-woo”. Driving over the Whoop-de-woo in the VW Van or mom’s beetle would result in that floaty sensation in our bellies and fits of laughter. (We were country kids, and easily entertained)

Well, on this particular day, as AC/DC’s “Long Way to the Top” was on deck, Pops approached the Whoop-de-woo for our first time in the Scirocco, I remember John and I singing along with the music, “It’s a long way to the top if you want to rock and roll!” and as the bagpipes screamed, chanting, “FASTER!…FASTER…FASTER!” like two little Gremlin/Ewoks as tension, excitement, fear escalated to an unreasonable level.

Now, the rest of this story could be influenced by my memory of scenes from the TV show, Dukes of Hazard, or even Star Wars but who cares… I happily recall going so fast that it felt like my face was melting, being stretched back by the speed, looking over at John who’s huge grin had turned into a look of terror as we launched in slow motion off of the top legendary Whoop-de-woo. Screaming along with AC/DC’s bagpipes, wanting to puke, but very much alive and laughing so hard we couldn’t catch our breath.

Thanks for the adventures and memories Pops! Hope you get into something fun and rascally this year! My gift to you is not illustrating you wearing your famous DaisyDuke cutoffs. You’re welcome!

Mulberry Jam and Flying Lessons

Chances are, if you live anywhere East of the Mississippi, you are familiar with the prolific Mulberry Tree.

The specimen in my own backyard borders an alley and squirrel highway comprised of telephone and power lines. On any given morning from Mid June to late July the tree is filled with birds and acrobatic squirrels testing their limits and dangling from springy limbs like oversized Christmas tree ornaments. Last week I watched on as baby Cardinals learned to fly in between snack breaks on fallen Mulberries. It was pretty hilarious actually. Dad Cardinal would peck at the ground like fancy chicken and pick up a berry as if to say, "See? This is how its done, kid. Now you try."  Kid Cardinal would then fluff up, shiver his wings and open his beak expecting to be fed. Dad would instead drop the berry on the ground only to pick it up again and the process would repeat.

While in season, I usually grab a handful of mulberries for breakfast or a snack but until this Summer, I had never taken the time to harvest enough to use in a recipe. Gathering mulberries can be a time consuming endeavor unless you happen to have the right tools....I recently learned that a canvas tarp and garden rake make quick work of Mulberry harvesting. Simply spread out the tarp beneath the branches and use the garden rake to shake out the mulberries.

Using this method it took about 5 minutes to gather 5 (crushed) cups of mulberries which I then transformed into 7 jars of mulberry jam. This was my first ever attempt at making jam (and canning) but my tastebuds have declared it a success.

Click to download a free printable greeting card and recipe card!

I discovered an excellent mulberry jam recipe via Serious Eats blog post The Urban Gardener: Foraging Berries in Brooklyn but I needed to make a few adjustments to reduce the sugar content. If you are less sensitive to sugar than I am, the agave in my recipe can be replaced with 2 cups of sugar. It should also be noted that I left the tiny green stems ON and cannot fathom the time involved in removing them. Hope you enjoy and I would love to hear from you!

Meditation for Beginners

Delighted to have stumbled upon this sweet little instructional animation via Happify. With a project deadline tomorrow (along with 20 million other projects in the works) this little mouse made my day. 

Credits: Animation by Katy Davis (AKA Gobblynne), script and narration by Dan Harris, author of 10% Happier. 

Let it Snow! Modern Snowflake Greeting Card and Print Collection

Pick up a colorful set of Modern Snowflake Holiday Greeting Cards. This charming little set of holiday greeting cards includes 2 each of Blue Stellar Plate, Fernlike Stellar Dendrite, Red Stellar Dendrite and Purple Stellar Plate. Available in the store or visit my Etsy Shop