Hollywood actors face new worry as reality commercials rise

LOS ANGELES (Reuters) – For a recent TV commercial, H&R Block’s advertising agency passed on using actors and instead chose Riley Holmes, who works at the tax preparer’s Chicago office, to pitch the company’s free “second look service” that claims it can find new deductions from prior returns.

“People bring in old tax returns and I’m like, ‘Who did this to you?’” says Holmes in the 30-second TV commercial.

With hit reality shows luring viewers to just about every channel, H&R Block is among a growing number of companies, including Bayer, Best Buy Co Inc and Ford Motor Co, which are jumping on the trend and casting their own “real housewives” and other folks who don’t act for a living in spots.

Advertisers’ growing use of “real” folks in commercials is among a growing list of challenges facing actors as the union representing 165,000 actors and media professionals, begins bargaining on Thursday on a new three-year-contract. Industry negotiators are expected to resist efforts to raise actors’ rates for the increasing number of commercials that appear online.

“People want the real cancer survivor, the real doctor, real fire eater,” said Carol Lynn Sher, who works for the CESD Talent Agency in Los Angeles. “Fewer actors being used for those roles and its taking away jobs.”

Many already chafe as they watch a growing number of A-List actors – Robin Williams in a Snickers bar commercial or Sofia Vergara for Pepsi – take jobs that used to go to them.

“My 13-year-old daughter Francesca has been auditioning for commercials for five years, and it’s harder than ever because now they want kids to be real ballerinas, real violinists or real gymnasts,” said Toni Farina, mother of a Los Angeles-based young actress.

The issue of real life people taking actors jobs isn’t likely to be formally addressed in the Screen Actors Guild (SAG) and American Federation of Television and Radio Artists (AFTRA) advertising negotiations.

Those talks, the first since the two guilds merged, will be focused mostly on higher pay for ads shown online and larger contributions to the union’s health and pension funds.

SAG-AFTRA declined to comment on the negotiations.

Still, the trickle of real folks in commercials has intensified, since actors signed their last contract in 2009.

In better days, actors used to get as much as $ 50,000 in residuals for a commercial that played nationally for a year, said Mike Abrams, partner with AKA Talent Agency in Los Angeles.

The appeal – not to mention price tag – of some actors are driving ad agencies elsewhere, especially as reality stars like Bethenny Frankel from “The Real Housewives of New York City” or “Jersey Shore” star Nicole Elizabeth “Snooki” Polizzi start showing up on magazine covers and hawking products.

Walt Disney Co’s ESPN went even one step further and searched for real “dead” people for a campaign last summer of 15 to 30 second commercials titled, “It’s Not Crazy, It’s Sports” featuring real-life stories about fans who took their love of their sports teams with them to the grave.

“We did a nationwide search of funeral parlors for sports fan stories and how people took their love of their teams to the grave with them,” said Dan Bell, a Los Angeles casting director who specializes in real people casting.

Chuck Kaczorowski, chairman of Kaczorowski Funeral Home in Dundalk, Maryland, was among the stars in the ad campaign, in which he talks about a Baltimore Orioles casket his funeral home offers.

Many companies now even want “real life” couples and families to make their ads authentic, said Bell. The downside is that sometimes they clam up. Other times, they catch the acting bug, and start performing for the cameras.

Bell said he also helped find a real mother and her special needs child for a Mass Mutual ad that aired last summer as part of its campaign to drive awareness of challenges facing families with children with special needs.

As negotiators for actors and advertisers gather around the table for talks, LA actors likely have their attentions divided.

“I don’t think anyone’s worried about a strike at this point, but they are worried about this trend to more reality commercials,” said Sher, the talent agent from CESD, which is a major talent agency for young television and commercial actors.

(Reporting By Susan Zeidler and Frank Simons in Los Angeles; Editing by Lisa Shumaker)

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Well: Health Effects of Smoking for Women

The title of a recent report on smoking and health might well have paraphrased the popular ad campaign for Virginia Slims, introduced in 1968 by Philip Morris and aimed at young professional women: “You’ve come a long way, baby.”

Today that slogan should include: “…toward a shorter life.” Ten years shorter, in fact.

The new report is one of two rather shocking analyses of the hazards of smoking and the benefits of quitting published last month in The New England Journal of Medicine. The data show that “women who smoke like men die like men who smoke,” Dr. Steven A. Schroeder, a professor of health and health care at the University of California, San Francisco, wrote in an accompanying editorial.

That was not always the case. Half a century ago, the risk of death from lung cancer among men who smoked was five times higher than that among women smokers. But by the first decade of this century, that risk had equalized: for both men and women who smoked, the risk of death from lung cancer was 25 times greater than for nonsmokers, Dr. Michael J. Thun of the American Cancer Society and his colleagues reported.

Today, women who smoke are even more likely than men who smoke to die of lung cancer. According to a second study in the same journal, women smokers face a 17.8 times greater risk of dying of lung cancer than women who do not smoke; men who smoke are at 14.6 times greater risk to die of lung cancer than men who don’t. Women who smoke now face a risk of death from lung cancer that is 50 percent higher than the estimates reported in the 1980s, according to Dr. Prabhat Jha of the Center for Global Health Research in Toronto and his colleagues.

After controlling for age, body weight, education level and alcohol use, the new analysis found something else: men and women who continue to smoke die on average 10 years sooner than those who never smoked.

Dramatic progress has been made in reducing the prevalence of smoking, which has fallen from 42 percent of adults in 1965 (the year after the first surgeon general’s report on smoking and health) to 19 percent in 2010. Yet smoking still results in nearly 200,000 deaths a year among people 35 to 69 years old in the United States. A quarter of all deaths in this age group would not occur if smokers had the same risk of death as nonsmokers.

The risks are even greater among men 55 to 74 and women 60 to 74. More than two-thirds of all deaths among current smokers in these age groups are related to smoking. Over all, the death rate from all causes combined in these age groups “is now at least three times as high among current smokers as among those who have never smoked,” Dr. Thun’s team found.

While lung cancer is the most infamous hazard linked to smoking, the habit also raises the risk of death from heart disease, stroke, pulmonary disease and other cancers, including breast cancer.

Furthermore, changes in how cigarettes are manufactured may have increased the dangers of smoking. The use of perforated filters, tobacco blends that are less irritating, and paper that is more porous made it easier to inhale smoke and encouraged deeper inhalation to achieve satisfying blood levels of nicotine.

The result of deeper inhalation, Dr. Thun’s report suggests, has been an increased risk of chronic obstructive pulmonary disease, or C.O.P.D., and a shift in the kind of lung cancer linked to smoking. Among nonsmokers, the risk of death from C.O.P.D. has declined by 45 percent in men and has remained stable in women, but the death rate has more than doubled among smokers.

But there is good news, too: it’s never too late to reap the benefits of quitting. The younger you are when you stop smoking, the greater your chances of living a long and healthy life, according to the findings of Dr. Jha’s international team.

The team analyzed smoking and smoking-cessation histories of 113,752 women and 88,496 men 25 and older and linked them to causes of deaths in these groups through 2006.

Those who quit smoking by age 34 lived 10 years longer on average than those who continued to smoke, giving them a life expectancy comparable to people who never smoked. Smokers who quit between ages 35 and 44 lived nine years longer, and those who quit between 45 and 54 lived six years longer. Even quitting smoking between ages 55 and 64 resulted in a four-year gain in life expectancy.

The researchers emphasized, however, that the numbers do not mean it is safe to smoke until age 40 and then stop. Former smokers who quit by 40 still experienced a 20 percent greater risk of death than nonsmokers. About one in six former smokers who died before the age of 80 would not have died if he or she had never smoked, they reported.

Dr. Schroeder believes we can do a lot better to reduce the prevalence of smoking with the tools currently in hand if government agencies, medical insurers and the public cooperate.

Unlike the races, ribbons and fund-raisers for breast cancer, “there’s no public face for lung cancer, even though it kills more women than breast cancer does,” Dr. Schroeder said in an interview. Lung cancer is stigmatized as a disease people bring on themselves, even though many older victims were hooked on nicotine in the 1940s and 1950s, when little was known about the hazards of smoking and doctors appeared in ads assuring the public it was safe to smoke.

Raising taxes on cigarettes can help. The states with the highest prevalence of smoking have the lowest tax rates on cigarettes, Dr. Schroeder said. Also helpful would be prohibiting smoking in more public places like parks and beaches. Some states have criminalized smoking in cars when children are present.

More “countermarketing” of cigarettes is needed, he said, including antismoking public service ads on television and dramatic health warnings on cigarette packs, as is now done in Australia. But two American courts have ruled that the proposed label warnings infringed on the tobacco industry’s right to free speech.

Health insurers, both private and government, could broaden their coverage of stop-smoking aids and better publicize telephone quit lines, and doctors “should do more to stimulate quit attempts,” Dr. Schroeder said.

As Nicola Roxon, a former Australian health minister, put it, “We are killing people by not acting.”

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Tech Industry Sets Its Sights on Gambling

Jim Wilson/The New York Times

Cesar Miranda, left, and his brother, Edgar, working on their claw crane game in San Jose, Calif.

SAN FRANCISCO — Look out Las Vegas, here comes FarmVille.

Silicon Valley is betting that online gambling is its next billion-dollar business, with developers across the industry turning casual games into occasions for adults to wager.

At the moment these games are aimed overseas, where attitudes toward gambling are more relaxed and online betting is generally legal, and extremely lucrative. But game companies, from small teams to Facebook and Zynga, have their eye on the ultimate prize: the rich American market, where most types of real-money online wagers have been cleared by the Justice Department.

Two states, Nevada and Delaware, are already laying the groundwork for virtual gambling. Within months they will most likely be joined by New Jersey.

Bills have also been introduced in Mississippi, Iowa, California and other states, driven by the realization that online gambling could bring in streams of tax revenue. In Iowa alone, online gambling proponents estimated that 150,000 residents were playing poker illegally.

Legislative progress, though, is slow. Opponents include an influential casino industry wary of competition and the traditional antigambling factions, who oppose it on moral grounds.

Silicon Valley is hardly discouraged. Companies here believe that online gambling will soon become as simple as buying an e-book or streaming a movie, and that the convenience of being able to bet from your couch, surrounded by virtual friends, will offset the lack of glittering ambience found in a real-world casino. Think you can get a field of corn in FarmVille, the popular Facebook game, to grow faster than your brother-in-law’s? Five bucks says you cannot.

“Gambling in the U.S. is controlled by a few land-based casinos and some powerful Indian casinos,” said Chris Griffin, chief executive of Betable, a London gambling start-up that handles the gaming licenses and betting mechanics of the business for developers. “What potentially becomes an interesting counterweight is all of a sudden thousands of developers in Silicon Valley making money overseas and wanting to turn their efforts inward and make money in the U.S.”

Betable has set up shop in San Francisco, where 15 studios are now using its back-end platform. “This is the next evolution in games, and kind of ground zero for the developer community,” Mr. Griffin said.

Overseas, online betting is generating an estimated $32 billion in annual revenue — nearly the size of the United States casino market. Juniper Research estimates that betting on mobile devices alone will be a $100 billion worldwide industry by 2017.

“Everyone is really anticipating this becoming a huge business,” said Chris DeWolfe, a co-founder of the pioneering social site Myspace, who is throwing his energies into a gaming studio with a gambling component backed by, among others, the personal investment funds of Jeff Bezos, Amazon’s founder, and Eric E. Schmidt, Google’s executive chairman.

As companies eagerly wait for the American market to open up, they are introducing betting games in Britain, where Apple has tweaked the iPhone software to accommodate them. Facebook began allowing online gambling for British users last summer with Jackpotjoy, a bingo site; deals with other developers followed in December and this month.

Zynga, the company that developed FarmVille, Mafia Wars, Words With Friends and many other popular casual games, is advertising the imminent release of its first betting games in Britain. “All your favorite Zynga game characters will be there, except this time they’ll have real money prizes to offer you,” an ad says. “Play online casino games for pennies and live the dream!”

Mr. DeWolfe’s studio, SGN, is also on the verge of starting its first real-money games in Britain. “Those companies that have a critical mass of users that are interested in playing real-money games are going to be incredibly valuable,” he said.

Mark Pincus, the chief executive of Zynga, said the company was just following the market. “There is no question there is great interest from all kinds of people in games of chance, whether it is for real money or virtual rewards,” he said. Zynga, which has missed revenue expectations in the last year, is making gambling a centerpiece of its new strategy. It has just applied to Nevada for a gambling license.

Casual gaming first blossomed on Facebook’s Web site, where players could readily corral friends into their games. It is now being rethought for mobile devices, so people can play in brief snippets as they wait for a bus or a sandwich.

Some games mimic the slots and poker found in casinos; others emphasize considerably more creativity. The vast majority of casual game players play at no charge. A small number buy virtual objects in the game to speed their play or increase their status.

Tech executives expect an equally small number to play for real money but believe they will bet heavily, making them much more valuable to the gaming companies. By Betable’s estimate, the lifetime value of a casual player is $2 versus $1,800 for a real-money player.

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Hollywood directs its star power toward a campaign closer to home

A stylish crowd waited beneath a flashing marquee outside the Fonda Theatre. "Appearing tonight!" the sign read. "Eric Garcetti 4 Mayor."

In a city where political campaigns are typically waged at neighborhood meetings, not Hollywood concert halls, last week's star-studded fundraiser for Garcetti highlighted the entertainment industry's outsized role in this year's mayoral race. Talk show host Jimmy Kimmel started the show with a stand-up routine and musician Moby got the crowd of several hundred dancing. Actress Amy Smart urged everyone to tweet about the campaign, and actor Will Ferrell beamed in via video to pledge that if Garcetti is elected, every resident in the city will receive free waffles.

Hollywood is taking to City Hall politics like never before, veterans say, with power players such as Steven Spielberg leading a major fundraising effort and celebrities such as Salma Hayek weighing in via YouTube. A Times analysis of city Ethics Commission records found that actors, producers, directors and others in the industry have donated more than $746,000 directly to candidates, with some $462,000 going to Garcetti and $226,000 to City Controller Wendy Greuel.

Several of Greuel's big-name celebrity supporters, including Tobey Maguire, Kate Hudson and Zooey Deschanel, recently hosted a fundraiser for her at an exclusive club on the Sunset Strip. She is getting extra help from Spielberg and his former partners at DreamWorks, Jeffrey Katzenberg and David Geffen, who have given at least $150,000 and are raising more for an independent group funding a TV ad blitz on her behalf.

The burst of support is coming from an industry often maligned for paying little attention to local politics.

While Mayor Antonio Villaraigosa is often photographed at red carpet events and former Mayor Tom Bradley was famously close to actor Gregory Peck, serious Hollywood money and star power has tended to remain tantalizingly out of reach for local politicians. "It's no secret that the entertainment industry has never really focused on the city that houses it," said Steve Soboroff, who ran for mayor and lost in 2001.

Political consultant Garry South, who has worked on mayoral and gubernatorial campaigns, recalled having to pay celebrities to appear at fundraisers in the past. Hollywood has long embraced candidates in presidential and congressional elections, South said, in part because they have more influence over causes favored by celebrities.

"The mayor of L.A. is not going to get us out of Afghanistan. The mayor of L.A. is not going to determine whether or not gay marriage is legal," South said. "The local issues are just not as sexy."

But this year, if you're a part of the Hollywood establishment, chances are you've gotten invitations to fundraisers for Greuel, Garcetti or both.

The difference this time is that both candidates have worked to cultivate deep Hollywood connections, observers say. Garcetti has represented Hollywood for 12 years, overseeing a development boom and presiding over ceremonies to add stars — Kimmel recently got one — on the Hollywood Walk of Fame. Greuel is a former executive at DreamWorks, where she worked with the moguls who founded the studio. She has also served for 10 years on the board of the California Film Commission.

City Councilwoman Jan Perry and entertainment attorney Kevin James have reaped far less financial support from the industry, records show, although each claims a share of celebrity endorsements. Dick Van Dyke sponsored a fundraiser for Perry and Oscar winner Dustin Lance Black has given to James.

Agent Feroz Taj, who attended Garcetti's Moby concert, said a flurry of activity around the race, involving friends and colleagues, piqued his interest. He said he's never been involved in a political campaign, but now when he receives invites to Greuel events, he says he is supporting Garcetti.

Industry insiders have been buzzing about a letter they say is being circulated by an advisor to Spielberg and Katzenberg, urging people to give $15,000 to an independent group supporting Greuel. The DreamWorks founders have made a difference for Greuel in previous elections. In 2002, financial support from the studio executives and their allies helped her squeak out a victory in one of the closest City Council races in history.

This time around, billionaire media mogul Haim Saban is getting involved, providing his Beverly Hills estate for a Greuel fundraiser featuring U.S. Sen. Barbara Boxer (D-Calif.). Greuel has also received contributions from Tom Hanks and actresses Mariska Hargitay and Eva Longoria, neither of whom have given to a local political campaign before, according to records.

Garcetti, on the other hand, has picked up contributions from former Disney Chief Executive Michael Eisner, as well as newcomers to local politics Jake Gyllenhaal and Hayek, who once traveled with Garcetti on a global warming awareness mission to the South Pole. The actress released a video endorsing Garcetti and thanking him for helping her find her wallet in the snow.

Campaign consultant Sean Clegg linked the industry's burgeoning interest in mayoral politics to President Obama's election, which he said had "a catalyzing effect on Hollywood." Indeed, many Greuel and Garcetti supporters were Obama backers. Hayek hosted a fundraiser for Obama and Longoria served as a co-chair of his reelection campaign.

Clegg is a consultant for Working Californians, an independent campaign committee that hopes to raise and spend at least $2 million supporting Greuel, with donations from Spielberg and others in Hollywood, as well as the union representing Department of Water and Power employees.

Generally, Clegg argued, Hollywood money is different than the special-interest funding campaigns collect. "Money is coming out of the entertainment industry more on belief and less on the transactional considerations," he said.

But Raphael Sonenshein, director of the Pat Brown Institute of Public Affairs at Cal State L.A., said Hollywood's new interest in local elections may be tied to growing concerns about film production being lured elsewhere by tax incentives.

Garcetti and Greuel have both pledged to reverse job losses tied to runaway television and film production, with Garcetti touting a recent proposal to eliminate roughly $231,000 in annual city fees charged for pilot episodes of new TV shows. The number of pilots shot locally has dropped 30% in recent years, but city budget analysts say the tax break would have a minimal effect because city fees represent only a small portion of production costs.

On the council, both candidates voted to eliminate filming fees at most city facilities. Greuel tells audiences she has an insider's perspective on the industry's needs and says she will create an "entertainment cabinet" to help it thrive. "I have sat with studio heads," she said in a recent interview. "They want a city . . . that is a champion for film industry jobs in Los Angeles."

Greuel may have Garcetti beat on experience in the studio front office, but he is the only candidate with his own page on IMDb.com — a closely watched industry website that tracks individuals' film and television credits.

The councilman, a member of the Screen Actors Guild, has made several television appearances, including one for the cable police drama "The Closer." He played the mayor of Los Angeles.

kate.linthicum@latimes.com

Times staff writer Maloy Moore contributed to this report.

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Wired Science Space Photo of the Day: Ancient Water Flows on Mars

High-Resolution Stereo Camera nadir and colour channel data taken during revolution 11497 on 13 January 2013 by ESA’s Mars Express have been combined to form a natural-colour view of the region southeast of Amenthes Planum and north of Hesperia Planum. The region imaged, which lies to the west of Tinto Vallis and Palos crater, is centred at around 3°S and 109°E, and has a ground resolution of about 22 m per pixel.

The image features craters, lava channels and a valley from which water may have once flowed. Dark wind-blown sediments fill the valleys and the floors of the craters.

Image: ESA/DLR/FU Berlin (G. Neukum) [high-resolution]

Caption: ESA

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Romanian film “Child’s Pose” wins Berlin Golden Bear

BERLIN (Reuters) – “Child’s Pose”, a Romanian drama about a domineering mother using her social position to try to save her son from jail, won the Golden Bear for best picture at the Berlin film festival on Saturday.

The movie, directed by Calin Peter Netzer and starring Luminita Gheorghiu in the central role, had been among the favorites for the coveted prize, which extends the remarkable success of Romanian filmmakers on the European festival circuit.

The awards ceremony brought to a close the 11-day cinema showcase, where hundreds of movies were screened across Berlin and stars including Matt Damon, Nicolas Cage, Anne Hathaway, Jude Law and Catherine Deneuve walked the red carpet.

In “Child’s Pose”, Gheorghiu shines as the wealthy 60-year-old Cornelia, who attempts to buy off the poor family of a boy killed by her son in a road accident.

The veteran actress also appeared in Cristian Mungiu’s “4 Months, 3 Weeks and 2 Days”, a grisly abortion drama that put Romanian cinema firmly on the international map when it won the Palme d’Or at the Cannes film festival in 2007.

“I’m still shell-shocked,” Netzer told reporters after the ceremony. “I haven’t quite woken up to this new reality. It will probably take a couple of days for it to sink in.”

The big surprise on the night was the best actor award for Nazif Mujic, a Bosnian Roma who had to be convinced to play himself in “An Episode in the Life of an Iron Picker” about his own experiences on the fringes of society.

The movie, a docu-drama directed by Danis Tanovic and made for 30,000 euros ($ 40,100), captured hearts in Berlin for its straightforward storytelling and moving account of the impoverished Mujic’s desperate attempts to pay for his wife’s emergency operation.

“FEELS LIKE NEIL ARMSTRONG”

Tanovic, an Oscar winner for his 2001 war movie “No Man’s Land”, read about the story in a local newspaper in 2011 and was so angry at Bosnian society’s apparent lack of humanity that he determined to make a film about it.

“I think he (Mujic) feels like Neil Armstrong when he went to the moon, seriously,” Tanovic said of his star. “And I really do hope it is going to change his life for the better.”

Arguably the most popular winner at the 63rd Berlin film festival was Paulina Garcia, the Chilean actress whose portrayal in “Gloria” of a 58-year-old divorcee in Santiago was the highlight for many festival-goers and won her best actress.

Refusing to retire quietly into the background, Gloria drinks, smokes, parties and enjoys sex, all the while holding down a full time job and keeping in touch with her children.

The powerful older woman was a constant theme throughout the main competition of 19 films eligible for prizes, and Garcia was up against Gheorghiu and French actresses Catherine Deneuve and Juliette Binoche for the acting Silver Bear.

Best director went to U.S. filmmaker David Gordon Green for his touching road movie “Prince Avalanche”, in which Paul Rudd and Emile Hirsch play a pair of misfits who go to work in a remote forest where they embark on a journey of self-discovery.

Iranian entry “Closed Curtain” picked up the best script prize for directors Kamboziya Partovi and Jafar Panahi. Panahi made the movie in secret in defiance of a 20-year filmmaking ban and was not allowed to travel to Berlin to collect his award.

“Tradition and culture remain, politicians come and go,” Partovi told reporters after receiving the honor.

Kazakh cinematographer Aziz Zhambakiyev was honored for outstanding artistic achievement for his painterly work on “Harmony Lessons”, set on the harsh steppes of Kazakhstan.

($ 1 = 0.7490 euros)

(Reporting by Mike Collett-White, editing by Paul Casciato)

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Cuomo Bucks Tide With Bill to Lift Abortion Limits

ALBANY — Bucking a trend in which states have been seeking to restrict abortion, Gov. Andrew M. Cuomo is putting the finishing touches on legislation that would guarantee women in New York the right to late-term abortions when their health is in danger or the fetus is not viable.

Mr. Cuomo, seeking to deliver on a promise he made in his recent State of the State address, would rewrite a law that currently allows abortions after 24 weeks of pregnancy only if the pregnant woman’s life is at risk. The law is not enforced, because it is superseded by federal court rulings that allow late-term abortions to protect a woman’s health, even if her life is not in jeopardy. But abortion rights advocates say the existence of the more restrictive state law has a chilling effect on some doctors and prompts some women to leave the state for late-term abortions.

Mr. Cuomo’s proposal, which has not yet been made public, would also clarify that licensed health care practitioners, and not only physicians, can perform abortions. It would remove abortion from the state’s penal law and regulate it through the state’s public health law.

Abortion rights advocates have welcomed Mr. Cuomo’s plan, which he outlined in general terms as part of a broader package of women’s rights initiatives in his State of the State address in January. But the Roman Catholic Church and anti-abortion groups are dismayed; opponents have labeled the legislation the Abortion Expansion Act.

The prospects for Mr. Cuomo’s effort are uncertain. The State Assembly is controlled by Democrats who support abortion rights; the Senate is more difficult to predict because this year it is controlled by a coalition of Republicans who have tended to oppose new abortion rights laws and breakaway Democrats who support abortion rights.

New York legalized abortion in 1970, three years before it was legalized nationally by the Supreme Court in Roe v. Wade. Mr. Cuomo’s proposal would update the state law so that it could stand alone if the broader federal standard set by Roe were to be undone.

“Why are we doing this? The Supreme Court could change,” said a senior Cuomo administration official, who spoke on the condition of anonymity because the governor had not formally introduced his proposal.

But opponents of abortion rights, already upset at the high rate of abortions in New York State, worry that rewriting the abortion law would encourage an even greater number of abortions. For example, they suggest that the provision to allow abortions late in a woman’s pregnancy for health reasons could be used as a loophole to allow unchecked late-term abortions.

“I am hard pressed to think of a piece of legislation that is less needed or more harmful than this one,” the archbishop of New York, Cardinal Timothy M. Dolan, wrote in a letter to Mr. Cuomo last month. Referring to Albany lawmakers in a subsequent column, he added, “It’s as though, in their minds, our state motto, ‘Excelsior’ (‘Ever Upward’), applies to the abortion rate.”

National abortion rights groups have sought for years to persuade state legislatures to adopt laws guaranteeing abortion rights as a backup to Roe. But they have had limited success: Only seven states have such measures in place, including California, Connecticut and Maryland; the most recent state to adopt such a law is Hawaii, which did so in 2006.

“Pretty much all of the energy, all of the momentum, has been to restrict abortion, which makes what could potentially happen in New York so interesting,” said Elizabeth Nash, state issues manager at the Guttmacher Institute, a research group that supports abortion rights. “There’s no other state that’s even contemplating this right now.”

In most statehouses, the push by lawmakers has been in the opposite direction. The past two years has seen more provisions adopted at the state level to restrict abortion rights than in any two-year period in decades, according to the Guttmacher Institute; last year, 19 states adopted 43 new provisions restricting abortion access, while not a single significant measure was adopted to expand access to abortion or to comprehensive sex education.

“It’s an extraordinary moment in terms of the degree to which there is government interference in a woman’s ability to make these basic health care decisions,” said Andrea Miller, the president of NARAL Pro-Choice New York. “For New York to be able to send a signal, a hopeful sign, a sense of the turning of the tide, we think is really important.”

Abortion rights advocates say that even though the Roe decision supersedes state law, some doctors are hesitant to perform late-term abortions when a woman’s health is at risk because the criminal statutes remain on the books.

“Doctors and hospitals shouldn’t be reading criminal laws to determine what types of health services they can offer and provide to their patients,” said M. Tracey Brooks, the president of Family Planning Advocates of New York State.

For Mr. Cuomo, the debate over passing a new abortion law presents an opportunity to appeal to women as well as to liberals, who have sought action in Albany without success since Eliot Spitzer made a similar proposal when he was governor. But it also poses a challenge to the coalition of Republicans and a few Democrats that controls the State Senate, the chamber that has in the past stood as the primary obstacle to passing abortion legislation in the capital.

The governor has said that his Reproductive Health Act would be one plank of a 10-part Women’s Equality Act that also would include equal pay and anti-discrimination provisions. Conservative groups, still stinging from the willingness of Republican lawmakers to go along with Mr. Cuomo’s push to legalize same-sex marriage in 2011, are mobilizing against the proposal. Seven thousand New Yorkers who oppose the measure have sent messages to Mr. Cuomo and legislators via the Web site of the New York State Catholic Conference.

A number of anti-abortion groups have also formed a coalition called New Yorkers for Life, which is seeking to rally opposition to the governor’s proposal using social media.

“If you ask anyone on the street, ‘Is there enough abortion in New York?’ no one in their right mind would say we need more abortion,” said the Rev. Jason J. McGuire, the executive director of New Yorkers for Constitutional Freedoms, which is part of the coalition.

Members of both parties say that the issue of reproductive rights was a significant one in November’s legislative elections. Democrats, who were bolstered by an independent expenditure campaign by NARAL, credit their victories in several key Senate races in part to their pledge to fight for legislation similar to what Mr. Cuomo is planning to propose.

Republicans, who make up most of the coalition that controls the Senate, have generally opposed new abortion rights measures. Speaking with reporters recently, the leader of the Republicans, Dean G. Skelos of Long Island, strenuously objected to rewriting the state’s abortion laws, especially in a manner similar to what the governor is seeking.

“You could have an abortion up until the day the child would be born, and I think that’s just wrong,” Mr. Skelos said. He suggested that the entire debate was unnecessary, noting that abortion is legal in New York State and saying that is “not going to be changed.”

The Senate Democratic leader, Andrea Stewart-Cousins of Yonkers, who is the sponsor of a bill that is similar to the legislation the governor is drafting, said she was optimistic that an abortion measure would reach the Senate floor this year.

“New York State’s abortion laws were passed in 1970 in a bipartisan fashion,” she said. “It would be a sad commentary that over 40 years later we could not manage to do the same thing.”

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A First Step on Continent for Google on Use of Content

PARIS — Publishers in France say they have struck an innovative agreement with Google on the use of their content online. Their counterparts elsewhere in Europe, however, say the French gave in too easily to the Internet giant.

The deal was signed this month by President François Hollande of France and Eric E. Schmidt, the executive chairman of Google, who called it a breakthrough in the tense relationship between publishers and Google, and as a possible model for other countries to follow.

Under the deal, Google agreed to set up a fund, worth €60 million, or $80 million, over three years, to help publishers develop their digital units. The two sides also pledged to deepen business ties, using Google’s online tools, in an effort to generate more online revenue for the publishers, who have struggled to counteract dwindling print revenue.

But the French group, representing newspaper and magazine publishers with an online presence, as well as a variety of other news-oriented Web sites, yielded on its most important demand: that Google and other search engines and “aggregators” of news should start paying for links to their content.

Google, which insists that its links provide a service to publishers by directing traffic to their sites, had fiercely resisted any change in the principle of free linking.

The agreement dismayed members of the European Publishers Council, a lobbying group in Brussels, which has been pushing for a fundamental change in the relationship between publishers and Google. The group criticized the French publishers for breaking ranks and striking a separate business agreement that has no statutory standing.

The deal “does not address the continuing problem of unauthorized reuse and monetization of content, and so does not provide the online press with the financial certainty or mechanisms for legal redress which it needs to build sustainable business models and ensure its continued investment in high-quality content,” Angela Mills Wade, executive director of the publishers council, said in a statement.

German publishers were also scornful, with Anja Pasquay, a spokeswoman for the German Newspaper Publishers’ Association, saying: “Obviously the French position isn’t one that we would favor. This is not the solution for Germany.”

Germany has been in the forefront of the push to get Google to share with online news publishers some of the billions of euros that the company earns from the sale of advertising. A proposed law, endorsed by the government of Chancellor Angela Merkel and working its way through the federal legislature, would grant a new form of copyright to digital publishers. If enacted, it could allow publishers to charge search engines or aggregators for displaying even snippets of news articles alongside links to other Web sites.

Mr. Hollande had vowed to introduce similar legislation this winter if Google and the publishers did not come to terms. It appears that Google, which had threatened to stop indexing French Web sites’ content if it had to pay for links, has sidelined the threat of legislation, at least for now; the agreement will be reviewed after three years, Mr. Hollande has said.

Under the deal, Google says it will help the publishers use several of its digital advertising services, including AdSense, AdMob and Ad Exchange, more effectively.

Publishers are already free to use these services, and it was not immediately clear how they would be able to generate more revenue from them; this part of the accord remains confidential, both sides say, because they are still negotiating the fine print.

“This agreement can help accelerate the move toward greater advertising revenues in the digital world,” said Marc Schwartz of Mazars, a consulting firm, who is serving as an independent mediator in the talks. “I’m not saying we have done everything, but it’s a first step in the right direction.”

More has been said about the planned innovation fund. Publishers will submit proposals to the fund, which will select ideas to finance and develop, with the involvement of Google engineers.

“The idea is that it would inject innovation into the sector in France,” said Simon Morrison, copyright policy manager at Google.

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Deasy wants 30% of teacher evaluations based on test scores

L.A. schools Supt. John Deasy announced Friday that as much as 30% of a teacher's evaluation will be based on student test scores, setting off more contention in the nation's second-largest school system in the weeks before a critical Board of Education election.

Leaders of the teachers union have insisted that there should be no fixed percentage or expectation for how much standardized tests should count — and that test results should serve almost entirely as just one measure to improve instruction. Deasy, in contrast, has insisted that test scores should play a significant role in a teacher's evaluation and that poor scores could contribute directly to dismissal.

In a Friday memo explaining the evaluation process, Deasy set 30% as the goal and the maximum for how much test scores and other data should count.

In an interview, he emphasized that the underlying thrust is to develop an evaluation that improves the teaching corps and that data is part of the effort.

"The public has been demanding a better evaluation system for at least a decade. And teachers have repeatedly said to me what they need is a balanced way forward to help them get better and help them be accountable," Deasy said. "We do this for students every day. Now it's time to do this for teachers."

Deasy also reiterated that test scores would not be a "primary or controlling" factor in an evaluation, in keeping with the language of an agreement reached in December between L.A. Unified and its teachers union. Classroom observations and other factors also are part of the evaluation process.

But United Teachers Los Angeles President Warren Fletcher expressed immediate concern about Deasy's move. During negotiations, he said, the superintendent had proposed allotting 30% to test scores but the union rejected the plan. Deasy then pulled the idea off the table, which allowed the two sides to come to an agreement, Fletcher said. Teachers approved the pact last month.

"To see this percentage now being floated again is unacceptable," the union said in a statement.

Fletcher described the pact as allowing flexibility for principals, in collaboration with teachers, first to set individual goals and then to look at various measures to determine student achievement and overall teacher performance.

"The superintendent doesn't get to sign binding agreements and then pretend they're not binding," Fletcher said.

When Deasy settled on 30%, his decision was in line with research findings of the Bill & Melinda Gates Foundation, which has examined teacher quality issues across the country. Some experts have challenged that work.

The test score component would include a rating for the school based on an analysis of all students' standardized test scores. Those "value-added" formulas, known within L.A. Unified as Academic Growth Over Time, can be used to rate a school or a teacher's effectiveness by comparing students' test scores with past performance. The method takes into account such factors as family income and ethnicity.

After an aggressive push by the Obama administration, individual value-added ratings for teachers have been added to reviews in many districts. They make up 40% of evaluations in Washington, D.C., 35% in Tennessee and 30% in Chicago.

But Los Angeles will use a different approach. The district will rely on raw test scores. A teacher's evaluation also may incorporate pass rates on the high school exit exam and graduation, attendance and suspension data.

Deasy's action was met Friday with reactions ranging from guarded to enthusiastic approval within a coalition of outside groups that have pushed for a new evaluation system. This coalition also has sought to counter union influence.

Elise Buik, chief executive of the United Way of Greater Los Angeles, said weighing test scores 30% "is a reasonable number that everyone can be happy with."

The union and the district were under pressure to include student test data in evaluations after L.A. County Superior Court Judge James C. Chalfant ruled last year that the system was violating state law by not using test scores in teacher performance reviews.

A lawsuit to enforce the law was brought by parents in Los Angeles, with support from the Sacramento-based EdVoice advocacy organization.

If the "actual progress" of students is taken into account under Deasy's plan, "it's a historic day for LAUSD," said Bill Lucia, the group's chief executive.

All of this is playing out against the backdrop of the upcoming March 5 election. The campaign for three school board seats has turned substantially into a contest between candidates who strongly back Deasy's policies and those more sympathetic toward the teachers union. Deasy supporters praise the superintendent for measures they say will improve the quality of teaching. The union has faulted Deasy for limiting job protections and said he has imposed unwise or unproven reforms.

In the upcoming election, the union and pro-Deasy forces are matched head to head in District 4, with several employee unions behind incumbent Steve Zimmer and a coalition of donors behind challenger Kate Anderson.

Anderson had high praise for Deasy's directive, saying it struck the right balance and that teachers and students would benefit.

Zimmer said that although he understands that principals need guidance, "I worry about anything that would cause resistance or delay in going forward. I hope this use of a percentage won't disrupt what had been a collaborative process."

howard.blume@latimes.com

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The Quirky World of Competitive Snow Carving Comes to California

Team Truckee entered the competition late, after Team Russia was unable to get visas in time. Their sculpture: "Rising Tide."

The weekend at Northstar ski resort in Truckee, California, is beautiful, sunny, and in the 30s. For eight teams of snow carvers from around the world, though, it’s terrible — the melty snow is sloppy, hard to carve, and even dangerous.

Teams of three from Finland, Japan, Germany, Canada, and the U.S. were selected from more than 40 applicants for the inaugural Carve Tahoe, a five-day competition to hew works of art from 14-foot-high, 20-ton blocks of snow. But despite the bad snow, the teams rely on decades of experience, handcrafted tools, and creative techniques to fashion their massive sculptures. The team members are sculptors and artists and designers, but also doctors and lawyers. Though they spend weeks each year carving, nobody makes a living doing it.

“Everyone seems to have their own method of doing things,” says Team Wisconsin’s Mark Hargarten. “It’s amazing how different they are.”

The Wisconsin team uses a grid system for their carving — a Native American wearing an eagle costume, its feathers turning to flames, called “Dance of the Firebird.” The polyurethane model they built is scaled so 1/2 inch equals one foot on the finished snow sculpture. They cut a copy of the model in four, and covered each section with clay, sectioned in 1/2 inch increments. They etch corresponding lines in the snow, one foot to a side, and they peel off one piece of clay, carve the part of the sculpture they can see, and move on to the next.

“You never get lost using the method,” says Dan Ingebrigtson, a professional sculptor from Milwaukee. “Three or four guys can work from different angles, and meet in the middle.”

Wisconsin’s got several other strategies behind their carving as well. From the south, it looks like they haven’t even started; they left the southern side of the block intact to protect the rest of it from the sun, and the wall has been decimated by the heat. More than 20 percent of its thickness has melted by Sunday night, three days in. After the sun goes down, the team is hollowing out the interior of the structure, so it will freeze faster overnight.

Other teams are relying on nighttime freezing as well. A team partly from the U.S. and partly from Canada carves spires from blocks they removed from the sculpture, and plans to attach them to the top of their sculpture, “The Stand,” which incorporates four interwoven trees. They’ll use melty snow pulled from the middle of the block right when the sun goes down to cement the tops onto the trees, says team member Bob Fulks from the top of a stepladder as he cuts away at the sculpture with an ice chisel.

Fulks’ team is leaving Tahoe after the competition to go straight to Whitehorse, in the Yukon, for another competition, where he anticipates no problems with warm weather.

“It’s a good gig, you can travel all over the world doing it,” he says. “You go around and see the same people.”

Many of the carvers know each other from previous competitions.

“We’ve sculpted with almost everybody here before,” says Team Idaho-Dunham’s Mariah Dunham, who is working on “Sweet House (of Madness)” with her mother, Barb. The creation is a beehive, with the south side as the exterior, and the north side (intentionally placed out of the sun) as a representation of the comb, including hexagonal holds that perforate all the way to the hollow interior.

Though Carve Tahoe is new, snow carving is not. Many of the sculptors have been at it for more than 20 years, traveling around the world and meeting and competing against many of the same people — though each competition demands unique new designs from all the sculptors. Kathryn Keown discovered snow carving while Googling something completely different, and decided she wanted to host an international event.

“First we fell in love with the sculptures, then we fell in love with the sculptors,” says Keown, who founded the competition with Hub Strategy, the ad agency where she works.

Keown contacted several ski areas before Northstar, but the resort was on board right away; its owner, Vail Resorts also owns Breckenridge, where one of the biggest and most prestigious snow carving competitions is held.

But Keown wanted to commit to the design of the competition, not just the sculptures. Applicants submitted their designs last summer, and Keown enlisted Lawrence Noble, chair of the School of Fine Art at the Academy of Art University to help choose modern, complex, realist designs. She wanted no artsy, kitschy snowmen.

Then she chose a design-friendly logo and judges. In addition to Noble, the panel of judges features a sushi chef from Northstar, two interior designers, a photographer from nearby Squaw Valley, and Bryan Hyneck, vice president of design at Speck, which makes cases for mobile devices and was one of the event’s sponsors.

“The level of complexity and sophistication in this type of sculpture is just amazing,” says Hyneck, who has judged industrial and graphic design competitions, but never snow carving. “It’s amazing how organic some of the shapes can be.”

As a judge, Hyneck says he’ll focus on the craft and the execution of the sculptures, and how the sculptors use particular techniques to take advantage of the snow’s properties. But he adds that subject matter, point of view, message, and relationship to a theme are all important points as well.

“Anybody that is really going to push the limits of the capabilities of the media is going to get a lot of my attention,” he says.

For some, like the Germans, that means suspending massive structures made completely of snow. Their sculpture, titled “Four Elements”, features four large spires encircled by a tilted disc. Despite a trickle of melted snow dripping off the bottom edge, one — or even two — of the German carvers frequently stand atop the sculpture, using saws or chisels to shape the towers.

Sunday evening, after the sun has gone down and the temperature dropped, Josh Knaggs, bearded, with a cigarette in his mouth, is sitting in the curve made by the largest bear from the Team Idaho-Bonner’s Ferry sculpture, “Endangered Bears.” Wearing a blue event-issued jacket, he’s brushing out the hollow loop made by mama and papa bear.

Three days later, the judges award Knaggs and his team third prize, with Japan’s modern work, “Heart to Heart” coming in second and Germany’s gravity-defying “Four Elements” taking first. The teams disperse, and after a few more sunny days, Northstar tears down the structures before they get too soft and fall — all except the German piece, which can’t bear its own weight and collapses after judging is complete. But the ephemeral nature of the snow is part of what attracts the competitors.

“It’s for the moment, and it’s a beauty all in itself, creating something that’s gonna be disappearing, you know, it’s okay that it disappears,” says Team Truckee’s Ira Kessler. “We are making it for the moment.”

All Photos: Bryan Thayer/Speck

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