On 8/1/12 8:45 PM, Bill Graham wrote: > Gordon Burditt wrote: >>>> I want him to pay for repainting my house to make the mural not >>>> visible. He and his lawyer claim he has the right to prohibit me >>>> or anyone else from repainting my house. Does the "artist" have >>>> rights here to preserve his work? >>>> >>>> Note that I cannot say "take your work and go away". The work is >>>> painted on the house and can't be removed without destroying the >>>> house. >>> >>> There must be a distinction between the "Artistic Expression" and >>> the canvas its painted on... This reminds me of Nixon's tapes. The >>> information on them was his private "papers" and should have been >>> protected by the forth amendment, but SCOTUS said that since he >>> purchased the tape and recording equipment with government money, >>> everything belonged to them, and so they tromped on his forth >>> amendment rights to be secure in his personal papers and effects. >> >> If one of the "little guys" tried the same approach, I'd suspect >> that they'd be told that since the conversations recorded were done >> on the job that the information on the tapes was a "work for hire" >> or some such thing and belonged to the government. >> >>> Since the artist painted on your house, you can now trash his >>> work with impumity according to SCOTUS..... > > Yes. I used to work for a government financed physics laboratory. We had > an office supplies locker. Occasionally, I would take a steno pad out of > that locker. Suppose I kept a personal diary on these steno pads. And > suppose the police confiscated one of my pads, and used the information > on it against me in a court of law. My attorney might argue that this > was a violation of my forth amendment rights to be secure in my papers > and personal effects, but the proswecution could argue that, since the > steno pad was government property, I had no right to the information on > that pad, and it could be used against me in a court of law. If this is > the case, then everyone out there take notice: If you keep a personal > record of your activities, be sure to keep it on paper that you purchase > with your own money, and keep the receipt you got when yuou bought it, > preferably pasted on the book itself, since our judges are apparently > too stupid to be able to tell the difference between data and the medium > it is recorded on, and/or think that the framers of the constitution > couldn't tell that difference.
Gawd, what an ignoramus you are. When the prosecution gets a valid search warrant for your papers, it doesn't matter who bought the pad.