Original First
Night Pear
A performance and sculpture created by Ken Crampton
This is a documented story of eleven years of service to the community where
Ken Crampton was slightly reimbursed for about six out of eleven years. First
Night is a celebration traditionally used by communities to help promote,
and compensate their regional artists. Ken Crampton has been an active consultant,
and participating artist in the First Night Fredericksburg Celebration since
its inception, whether the city has approved or not. Ken has spent thousands
of dollars, and hundreds of thousands of hours working on performances for
First Night Fredericksburg. These performances included many local residents,
either as performers in the artistic endeavors or as spectators. None of these
endeavors would be successful if it wasn't for the supporting communities.
The story below is from Ken's perspective, and has been documented in various
fashions through the Free Lance Star, Front Porch, and the Washington Post.
Ken Crampton has chosen not to be a part of First Night Fredericksburg 2005
because of the constant insults, lack of educated individuals, and political
involvement in the festival's management (Yes, these I do take personally).
Copyright material is a very hard battle: finding suitable legal representation
in the Fredericksburg area has proven to be a waist of energy. Ken Crampton
was approached by another local municipality, who has contributed to First
Night Fredericksburg for a number of years, to start a First Night. Ken has
chosen not to fracture the regional cooperation for this festival, but does
not support the decisions made by the current First Night Committee.
In the fall of 1994 I (Ken Crampton) was serving as President of the Fredericksburg
Center for the Creative Arts. I was contacted by Ed Watson, who pulled together
the First First Night Fredericksburg Celebration, he asked me to contact local
artist to help make the celebration one that promoted the visual artists as
well as the performing artists. The Mission of First Night International is
to provide an alcohol free community celebration of the art, both performing
and visual. First Night International licenses this festival to cities throughout
the world, with special emphasis toward promoting, and compensating local
visual and performing artists. I was very excited about the idea and the concept
of this festival, I was born an artist, went to art school, and was now a
professional artist in Fredericksburg, Va. I agreed to join in the discussion
about starting and bringing the festival to fruition. We met in the Rapp.
Regional Library on Caroline Street, I was one of the few visual artists that
showed up, most of the committee was composed of elected city officials, public
works officials, parks and recreation, and some community members. Ideas were
shot around the table, lots of discussion, then we parted agreeing on another
meeting to work out more details. When we reconvened, a skeleton of the event
was outlined, and we started discussions on how to beef up the celebration.
Sadly, the performing art have always been larger that the visual artists
participation. I as a professional visual artist, submitted my idea for the
act or performance of the “Pear Drop”, there were jokes, and serious
discussions about it but in the end, I was given the green light to make my
“Pear-formance”.
This is the signed pear with the copyright and dated for each year
Back in those days the performance agreement had a clause that the artist
could receive some moneys up front to create the said act. Back then, there
waist’t allot of regional or corporate support for the event, it being
a new festival that many had never heard of before, so there wasn’t money
to compensate me, so I asked for a nominal amount of money for the supplies
to create the pear. The Original Pear took three months to construct, it was
composed of chicken wire, and mylar tape, it was translucent, and illuminated
from its interior. For 11 years I have lowered the pear to thousands of people,
and developed other community related performances that encourage community
interaction like the Sound Sculpture, The Drum Dragon Dance, The Graffiti
Murals, the Chalk Drawing on the streets, The Saffire Puppets, and the Button
Design Contest that if it wasn’t for my pear, the festival would never
have a Pear for its branding or an image.
Throughout the past 11 years I have always been a part of First Night Fredericksburg,
either as a committee member and or a contracted performance artist. There
have been many years that I not received any compensation for the work and
expenses that I have incurred for the First Night Festivities. From 1998-2000,
I still did all the things I have done on First Night even though the First
Night Committee did not or would not recognize me. It was in 1998 that I decided
to become more watchful an active citizen in the city dealings with the the
rezoning process of the Central Park II / Celebrate Virginia project. I helped
organize a group of individuals to examine, discuss, and learn more about
the procedures of how the city works with developers compared to individuals.
In 1998, the city of Fredericksburg took control of First Night Fredericksburg
under a city 501c3 nonprofit, they hired a coordinator, who was managed by
the department of tourism and economic development, and the city manager.
They informed me that I was relieved my pear performance, and ordered a pear
from Nebraska costing $2500.00 not including the costs for the bracketing
mount, compressor, or labor to install. I objected, and many people in the
community agreed, that New Years Eve, thousands of people gathered under my
“Pear-formance” while a smaller group wanted to be between the two
pears, and an even smaller group of less than 100 gathered at the out of town
pear. Now if two pears wasn’t bad enough, these same individuals the
next year decided to have a design a pear contest, which the winning pear
was chosen and constructed out of the same type of armature as my pear. During
that time allot of controversy was transpiring, our community was being divided
and we were coming up on election time, and the community spoke, electing
a new mayor and council members, the tides changed, and I as a professional
Artist and Community Facilitator who has been a merchant and citizen of downtown
Fredericksburg was happy! The First Night Coordinator was replaced and I reluctantly
rejoined the committee and was contracted as a performance artist. The Latest
First Night Coordinator recently attended the First Night International Conference,
when she got back to Fredericksburg, she visited me and marveled about the
conference and told me she had a greater appreciation for the work and events
I provided, I had a renewed hope for the organization.
Now we arrive at this past New Years Eve, it was a good one! Except for the
amount of foul language, lack of concern for trash receptacles (this happens
for the Xmas Parade too..), and vandalism. The Pear, the original pear, the
one I conceived and created and have been performing with for 11 years, was
squashed by a bunch of teenagers. It was two seconds 'til midnight when two
teens thrust a third into the air, and I watched as it hit the ground and
people started to squash it. I was disappointed, I created the pear as an
artistic endeavor to help unify the community. Through the 11 years, I have
seen less than 1000 people grow into 10,000 plus people joining in the streets
to laugh, scream, make music, and start our year off together in a renewed
sense of community. Then a week or more later the First Night Coordinator
meets with me to inform me about the young teen, and lets me know that First
Night Fredericksburg, acting on behalf of the City of Fredericksburg will
be having a design a new pear competition. I immediately objected, voicing
my concerns, opinions, explanation, and even a proper professional solution
of selling my copyrighted act / performance or licensing the act / performance
to the city of Fredericksburg. The first night coordinator told me we would
discuss it at the next first night committee meeting the following Tuesday.
To my surprise, Saturday morning arrives, and I am walking to and from breakfast
and two separate couples are shocked that there is going to be a design a
pear competition, I hadn’t even heard about it, I wasn’t contacted
by the paper, the decision was made and the city and committee was moving
forward with this new plan that I do not approve. When Tuesday rolled around
I went to the meeting to meet with the coordinator, and her husband, non of
the other committee members showed up, and the agenda focused on my issue
alone. The discussion was tabled until more committee members could meet and
vote, when we did meet there was no vote, I was told the decision was made
and going to proceed with or without me so I closed my book and respectfully
removed myself from the First Night Fredericksburg committee.
I believe in my copyright protection of my act / performance of the pear drop
on New Years Eve in Fredericksburg. In the performance agreements I have signed
with the city of Fredericksburg, and First Night Fredericksburg, there is
a clause stating that “the Artist warrants the Performance... shall be
free and clear of any infringement of any applicable copyright, trademark,
or patent rights or laws.”, meaning that I own the copyright, trademark,
or patent rights of the “Pear Drop” in Fredericksburg at midnight.
In a recent correspondence sent by First Night Fredericksburg they mailed
me an application so that I could compete for my pear design, and in the Guidelines
they are asking the artist who submit a winning design to sign a Copyright
Assignment to the city of Fredericksburg, and First Night Fredericksburg.
This is something I have never done nor will do without reasonable compensation
as prescribed by First Night International under their standards #8 “Fiscal
responsibility should be a priority. To that end, the sponsoring organization
should develop a prudent business plan, with special emphasis given to providing
artists with reasonable compensation.”, for all First Nights that License
and operate under that name.
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The information below is from a website at Stanford University
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/0-a.html#1
What types of creative work does copyright protect?
Copyright protects works such as poetry, movies, CD-ROMs, video games, videos,
plays, paintings, sheet music, recorded music performances, novels, software
code, sculptures, photographs, choreography and architectural designs.
To qualify for copyright protection, a work must be "fixed in a tangible
medium of expression." This means that the work must exist in some physical
form for at least some period of time, no matter how brief. Virtually any
form of expression will qualify as a tangible medium, including a computer's
random access memory (RAM), the recording media that capture all radio and
television broadcasts, and the scribbled notes on the back of an envelope
that contain the basis for an impromptu speech.
In addition, the work must be original -- that is, independently created by
the author. It doesn't matter if an author's creation is similar to existing
works, or even if it is arguably lacking in quality, ingenuity or aesthetic
merit. So long as the author toils without copying from someone else, the
results are protected by copyright.
Finally, to receive copyright protection, a work must be the result of at
least some creative effort on the part of its author. There is no hard and
fast rule as to how much creativity is enough. As one example, a work must
be more creative than a telephone book's white pages, which involve a straightforward
alphabetical listing of telephone numbers rather than a creative selection
of listings.
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Other useful links...
http://www.firstnightintl.org
http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17_10_1.html
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/index.html
BELOW IS THE ORIGINAL WEBPAGE I CREATED WHEN THE THIEVERY FIRST HAPPENED
Created in Fredericksburg for our 1st First Night Celebration in 1994-1995, the concept was conceived and created by Ken Crampton and for eleven years thousands of people join together on the streets of Fredericksburg, rejoicing, hooting and having a good time, as the pear rings in the New Year. The pear is constructed of mylar and chicken wire, illuminated from the interior with a large light. Since First Night Fredericksburg was started, Ken Crampton has been an active committee member.
Iin 1998,
the council rezoned the last largest plot of land in Fredericksburg, for the
developer. Not requiring any fees or anything, they just did it..Upset with
the way things we developing around Fredtown, I decide to get political. Joined
forces with a local grassroots organization(R.A.G.), and got to work. As time
rolled on, I guess we started to scare those good 'ol boys, they could barely
look the community in the eyes anymore, let alone talk. Word came down from
the city manager to get rid of that Crampton pear, the city manager is in
deepest, he romances the developers, and completely sells the town out. He
seems to be building a resume or something, the town to him is more about
numbers, so he pulls the strings of city council. Our First Night group, their
a bit unorganized, its like that everywhere....they hire this lady named Carol
Foley.... Fake smile, and not to many good social skills. She gets put in
charge of telling me they don't need my pear anymore, their going to make
their own.
WHAT? STEAL AN IDEA!! I guess its what America is all about take from the
defenseless. I cannot afford a lawyer, I can barely afford to keep my gallery
running, buy more art supplies, and eat.... Anyway, she tells me," we
still want to feature your pear...put it on display...we've got this new pear
we want to order, mount it to the side of the ugliest building downtown, and
raise it instead of lowering it" ok so she didn't say it just like that
but pretty close. I vocally fought it, speaking at council meetings, and first
night committee meetings. It was even decided by the committee not to proceed
with the new pear, but they went ahead anyway, creating their antigravity
pear. It worked out in my favor anyway, the masses came and celebrated the
traditional way, in the bitter cold below my pear. After the evening ended,
the streets were covered in chalk, thanking me, and the so and so loves so
and so, 1999.... It was really special. The community in Fredericksburg is
a really incredible, huge art community, very supportive of each other, and
great community spirit. Now this year, I have submitted myself to once again
help make New Year's a great time, called twice and left messages with Carol
Foley, only to receive a call back from one of the council members, he tells
me that he is the appointed liaison between First Night Fredericksburg, and
myself. He tells me that I should let him know what I want to do and he'll
help make it happen. I start feeling a bit better, 'til I call him on several
occasions and we play phone tag for a couple weeks to a month. Then oneday
I get a call from our local paper The FreeLance Star, First Night is having
a contest for a new pear, to be designed by a local artist, the winner gets
a measly $250.00. I loose my wig, thank god they didn't quote me on everything
I said....Last year the city spent 2500.00 on their pear that they ordered
from Nebraska, that doesn't count how much was spent on installing the thing,
running and purchasing a compressor. So here we are... below is a time line
of the events concerning the pear.....
Oct
1994 Conceived Pear Idea and executed
New Year's Eve 1994 Success
New Year's 1995 Pear again
New Year's 1996 Pear again also add sound sculpture, and Saffire Puppets
New Year's 1997 I do the Pear, Sound Sculpture, and Mystery Mural
Jan-May 1998 wondering where money is that signed contracts promised...still
wanting to work with First Night
May-Aug. 1998 now I resort to written requests for somebody to deal with me,
everyone sends me somewhere else
Aug. 1998 Carol Foley gets hired maybe things will get better....NOT
Sept. 1998 Carol Foley calls wants to meet with me
Oct. 5, 1998 I meet with Carol Foley she tells me that my pear is no longer
needed, the city was going to make their own, but would "showcase"
mine
Oct. 13, 1998 I went to the city council, voiced my opinion about their decision,
and how I felt about their pear, They all played stupid especially Marvin
Bollinger...
Oct. 20 1998 First Night meeting, I tell the board about my opinions on their
pear, the majority of the board vote to table the "New Pear" and
another meeting with me is set.
Oct. 27, 1998 Carol Foley comes to the meeting before anyone else hand some
memo dated a couple days earlier and says "there is nothing you can do"
then wants me to hang my pear down near their new location, in order to draw
the people to the new pear then five minutes before midnight, unplug mine,
and they would proceed with New Years, I say NO THANK YOU TO THAT!
Dec. 14, 1998 We meet again, I find out they have been talking to the paper,
and of course they make it sound like everything is honky dory. I leave the
meeting and call the paper.
Dec. 21, 1998 I receive a letter from the city and first night, they say my
pear is only permit to hang in the air, and I am not allowed to do anything
else with it. I call my insurance people, and get all my ducks in a row then
prepare to celebrate Christmas.
New Years Eve 1998 thousands of people gather under my pear, people are walking around with custom made T-Shirts saying "The Old Pear is the only Pear", sheets of paper attached to their backs praising my pear, and they are chanting, drumming, and celebrating, and having a hell of a time. A friend walks past the new pear, and says there is about 40 people there, all city people I am sure, or maybe just the incestuous group of people that exist on the "Mayor Greenup Committee."The Night ends, the people clear out, and words grace the street, "We Love you Ken", "Thank You", And of coarse the traditional so and so love so and so , and 1999!!