December 26, 2009Promise Me You won't leave my side (Escape the Fate) DISCLAIMER!!! Very important...Read!Okay, as everyone's probably guessed, I don't personally know anyone I'm writing about in this series, and I've had so much research to do for this fanfic series, I thought I'd better post this - just so no one can sue me (or anything else dramatic) for using their names etc.
DISCLAIMER. The author for this series - me (Jez Heroin) - does not personally know anyone who is mentioned in the story. All the story content (except for the below mentioned) is either my personal opinion of everything that happened, or complete fiction. Other information that DOES correspond to real life - names and ages, etc - has been found either in youtube videos, or from obvious sources - myspace comment pages, etc. The story is FICTION, with FACTUAL REFERENCES. Basically, it's based on fact but it's my own work of fiction. Anything that I have made up - that actually DOES correspond to real life, is purely coincidental and I accept no responsibility for it. I have copyrighted all material used for this fanfic - chapter drafts etc included - so if anyone steals it and publishes it without asking me...beware the consequences. One last thing - I am not a stalker. I thought this would be a very good...event to write a fanfic about, so I've gone as far as necessary to put in the facts, while to an extent, letting people have their privacy. This basically means....if anyone mentioned in the story finds it, and doesn't like it, it's only their own fault really, isn't it. If you get famous, you're bound to have people writing fanfics about you. It's not like I've messaged any of the characters real families and bribed them for details.
Okay, sorry about that, but it had to be done.....hopefully this wasn't a complete waste of time. I'm willing for people to publish this series on other sites, as long as they message me and ask permission (and credit me, obviously lol). So yeah, next chapter of Promise will be up asap, it's written out, I just need to figure out an ending. And don't give up on Gorgeous either - we're still working on the next bit, I haven't heard from Krystal but I guess she's been pretty busy recently. So yeah, hopefully the next few chapters will be up soon as well :)
Posted by xxladyofsorrows59xx on 12/26/2009 9:08 AM Comments (1)
November 28, 2009Trolls don't know stock photographyRecently, someone has been accusing me of using photos on my blogs without the rights to post them (it was along the lines of, I whine about copyright and then use stock photos in my blogs, OMG!). Someone also asked me on one of my posts a couple months ago, but I don't know if the two things are related.
As I explained to the person who asked on Buzznet, I use PRESS PHOTOS in my blog posts on music news (specifically, in the AFI community although I've done a couple about Muse and Tiger Army, and some older Nine Inch Nails ones)
What's a PRESS PHOTO?
It's an image that has been specifically released by the band's publicist/record label/management for publication with news articles, reviews and other press about the band.
I receive a ton of press photos in my email directly from publicists with their press releases or queries on whether I want to photograph or interview the band, and most of the record labels/publicity firms also have them available for press download and use on their websites.
In other words, I AM SUPPOSED TO BE USING THESE PHOTOS IN MY POSTS.
There seems to be confusion with some people because they posted photos on Buzznet and the admins deleted them for copyright infringement. If they were deleted, it's because the poster mistook a stock photo or other copyrighted rights reserved image for a press photo, or didn't care what it was and just posted it anyway.
Not all "posed" still photos of a band or musician are press photos. It is very common for agencies, media outlets and photographers to do portrait sessions with a band that are meant for licensing as a stock photo or for exclusive use on their website.
An example of portrait photos that ARE NOT PRESS PHOTOS would be the recent "Exclusive Promo Photos" of AFI by MTV photographer Rene Cervantes, meant to draw people TO MTV's WEBSITE. Not to be reposted all over the Internet so people didn't have to go to MTV.com to see them. Believe me, they're gorgeous and I'd love to use them, but I can't. MTV.com Exclusive: AFI Title says "Promo" photos but they are NOT "Press Photos".
What's a STOCK PHOTO?
Photography agencies like Getty, Redferns, Music Pictures, Ltd. etc. carry many portrait shots of bands and musicians (and celebrities, and pictures of sunsets, food, sports) that are made available for licensing, many being shot specifically for licensing from them. They're used in magazines, websites, products, cd covers, merch and are not free to repost by fans or media outlets without paying for them. Buzznet has a subscription with Getty Images and you'll see Bree and others using Getty Images in their posts. Buzznet pays to use these images. When other people post them on the site, they have to delete them or risk penalties with their relationship with Getty. Not all of these images are watermarked, but can be identified by checking them on Getty's archive.
Everyone's seen these shots of AFI on Sing The Sorrow stuff, so it must be a press photo, right? Nope. Stock photo. What's CREATIVE COMMONS?
In the case of the Nine Inch Nails images I've posted, many aren't press photos, but are instead licensed via a Creative Commons license spelling out the terms by which people may repost them. Rob Sheridan released a TON of images from the Wave Goodbye Tour as CCL. (which is also how Trent releases his tracks and video footage for remixing by fans) You can read more about Creative Commons licensing at http://creativecommons.org
http://www.flickr.com/photos/nineinchnails/ / CC BY-NC-SA 2.0
Creative Commons Licenses spell out the conditions under which you are allowed to use a copyrighted image (without having to contact the photographer first). They usually restrict it to non-commercial use, share and share alike (other people can take it from you and use it), may or may not allow editing of the image, and you must credit the photographer, specify the terms of the CC licensed image, and link back. You can't post it or anything you create with it as all rights reserved to you, it's still not your image.
If you violate the Creative Commons licensing conditions (for example, by not crediting the photographer or linking back to him), it's copyright infringement.
Photograph ©2009 Nic Adler. http://www.flickr.com/photos/whoshotya/ / CC BY-NC-SA 2.0
If anyone has any questions about an image I post. ASK ME. Don't listen to trolls on the internet who are accusing me of things in order to act out a personal grudge. Photography and publishing is MY JOB, and I take it very seriously even when I'm posting things on a site where people frequently assume everyone is 14 years old or posting strictly as a fan.
Posted by Buzznet's Official MiseryXchord™ on 11/28/2009 3:26 PM Comments (13)
November 14, 2009CMA Awards, GameSoundCon, Streaming Media West, CTN Animation Expo, Music In Media, Highlight November Media and Entertainment Industry Networking EventsAn annual event in Santa Monica, the American Film Market is a film industry event of networking activity, production and distribution deals, running till November 11, where The AFM transforms The Loews Santa Monica Beach Hotel and the Le Merigot Beach Hotel into a center for activity with 23 screens on the Santa Monica Promenade and the surrounding community put into play for festival activity. Held within the time period of the American Film Market, the city of Santa Monica also hosts the Santa Monica International Film Festival, through November 7, a competition independent film festival that showcases the work of independent feature, documentary and short films filmmakers from around the world. Waterford Film Festival in Greyfriars Waterford, will showcase a wide range of films from feature films, documentaries, animation, short films, experimental and student work. Academy Award nominee Feature Documentary 'No End In Sight', directed by Charles Ferguson, will have its Irish premier at the Festival. Distribution strategist Peter Broderick and journalist and author Scott Kirsner join forces to present a crash course on the new rules of marketing and distribution, especially tailored to the needs of independent filmmakers and artists, at a workshop in Los Angeles, November 7. BMI's 57th Annual Country Awards honors the songwriters and publishers of the top BMI country songs from the past year. At the ceremony, BMI will honor Kris Kristofferson as a BMI Icon in Nashville, November 10. The 43rd Annual CMA Awards takes place at the Sommet Center in Nashville, airing live on the ABC Television Network. The CMA Awards represent the pinnacle of achievement for Country Music artists, musicians, producers, publishers, songwriters, video directors and industry executives.
Posted by actorschecklist on 11/14/2009 6:02 PM Comments (0)
November 2, 2009omg 38,493 visits "How did you meet your spouse, significant other,?" LINK http://artsysf.buzznet.com/user/journal/14451/OMG I can't believe the numbers! There have been 38,493 visits / views on my Buzznet Journal posting: "How did you meet your spouse, significant other,?". LINK http://artsysf.buzznet.com/user/journal/14451/
Thanks for all of your views and for people sharing their stories of how they met ! To READ the stories just CLICK on "OLDER" at the Top Right corner above. That will take you straight there!
ArtsySF November 2, 2009
Posted by ArtsySF © on 11/02/2009 5:27 PM Comments (4)
October 18, 2009Concert Photography = Srs Bsns
I've posted blogs about "predatory" artist contracts and shooting restrictions in the past...
First Three No Flash, Oh yeah and give us all your pictures for free… The dying art of gig photography: Today's concert photos strangled by restrictions
as well as one's about other artists who afforded greater creative freedom to their fans...
NIN relaxes policy on audience cameras/recording equipment
and an ongoing current discussion on Flickr's concert photography group
Photography releases are a pressing topic both to concert photographers, and managers trying to protect the band but ensure that they receive press coverage and high quality promotional material is run when they release a new album and start a touring cycle. Most releases I've seen simply state that photographs will be used for editorial purposes only... Some limit use to one publication and require permission before any photos are used elsewhere (still, for editorial use. I've only encountered one of those).
I have never been presented with the following but was aware of it's existence with several other bands, and was dismayed to find out another band under the same management, who I intended to photograph, is now using this contract on their new tour.
Note: Without a model release, in the US I am already only able to use photographs of a person for editorial (news) coverage and possibly limited print sales. In no case could I legally use their images on commercial products or advertising, print t-shirts or other merch etc. That's even without having a photo pass to a concert.
PHOTOGRAPHER RELEASE
While this may indeed protect the artist (except from criticism over the contract!), there is no reason under the sun that any photographer in their right mind should sign this contract.
Even if you're not a professional photographer, just a fan of the band, and are dying to be able to photograph them with a real photo pass, you need to realize that: 1) You would not own any rights whatsoever to the photos taken at this show. 2) You could not post any of these photos on your personal website, myspace, or anywhere else. 3) You could not use any of these photos in your portfolio (if you wished to someday be a professional photographer or show your work.) 4) You could not print them out and give them to your friends and family. 5) You could not use them as reference to do drawings or painting based on them, or allow others to do so. 6) They could be published on websites/magazines without crediting you. 7) They could sell a poster or other merch with your images without paying you a fee or even crediting you as the person who took the photo. 8) They can use your name, photo and personal xxdata (including commercially or for advertising purposes) without your permission or compensating you. 9) If someone infringes on the rights you've granted them via this contract (example: you got a fan in one of the shots and they don't bother to get a release from that person before printing a poster, so they get sued) YOU are responsible for the legal fees/damages resulting from the lawsuit. 10) In the US Copyright lasts for the lifetime of the owner plus 50 years (70 years in some other countries). You may love a band, but the band's MANAGEMENT is the one administering this, and 10-15 years from now the person holding the rights to their material might not even BE the band, or anyone who you want to support in any way (example: Trent Reznor lost the rights to "Pretty Hate Machine" because of a bad business manager. Would you want your photographs potentially supporting someone other than the band?)
The only way to make these contracts go away (and hopefully be replaced by ones that respect both the band and the photographer) is if you DO NOT SIGN THEM.
Posted by Buzznet's Official MiseryXchord™ on 10/18/2009 8:33 PM Comments (12)
October 1, 2009Spin EARTH copyright FAIL
"As a SPIN Earth registered individual/user you may submit content. User submitted content includes videos, photos, text, and comments and are collectively referred to as "User Submissions." For clarity, you retain all of your ownership rights in your User Submissions. However, submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to SPIN Earth (SPIN Media, LLC) and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party."
Seriously, I can sign up to your site, write reviews/posts or blog photos, and you'd be able to print them in your magazine and elsewhere FOR FREE, FOREVER?
Just no.
Websites need to stop pulling this crap, and keep their "use" of your posted content to that necessary to publish the site... which used to be the norm for user agreements... instead of exploiting their users for the possibility of adding to a media archive they can use as free crowd sourced content down the road on their other projects/sites.
Posted by Buzznet's Official MiseryXchord™ on 10/01/2009 10:12 AM Comments (0)
September 18, 2009Music Reports Announces Distribution Of More Than $5 Million In Mechanical Royalties On Behalf Of Digital Music Service Clients
WOODLAND HILLS, CA. Music Reports Inc. ("MRI"), the leading provider of music rights administration services in the United States, today announced that it has distributed more than $5,000,000 in statutory mechanical royalties on behalf of its digital music service clients. These royalties have been calculated at the rates applicable to on-demand streams and limited downloads, as determined by the U.S. Copyright Royalty Board in 2008. Statutory mechanical licenses from MRI now cover more than 1 billion plays of digital music per month. "Publishers are reaping great financial benefits from our statutory mechanical licensing program for digital music services," said Douglas J. Brainin, President and CEO of Music Reports. "This program continues to be a critical component of any licensing strategy for digital music services." MRI now pays statutory mechanical royalties to more than 12,000 music publishing administrators, representing over 50,000 individual music publishers. MRI clients use the statutory mechanical license to obtain rights from the tens of thousands of independent music publishers who do not license through the Harry Fox Agency. About Music Reports
Posted by musicdish on 09/18/2009 1:56 AM Comments (0)
August 12, 2009ORLY?Received on Youtube after I complained about the crashlove.com site reposted my and others copyrighted AFI photos (many of which were taken off of Buzznet)... I had earlier worked things out with the site Admin, Jason, in private messages, and he was nothing but helpful, courteous and apologetic. I explained that part of my reaction was due to issues I had with one of the other people on the site
Posted by Buzznet's Official MiseryXchord™ on 08/12/2009 9:07 PM Comments (5)
June 9, 2009World Copyright Summit, CineVegas Film Festival, NXNE: North by Northeast Music & Film Festival, Cinema Expo International, American Black Film Festival, Highlight June Media and Entertainment Industry Networking EventsThe BANFF World Television Festival, opening this year in Alberta from June 7-10, is a not-for-profit event produced by Achilles Media Ltd., an international events management company serving the television and digital media industries. Among various sessions programmed into the festival, the Broadcaster Briefings get inside information on what broadcasters from around the world want. In these open, informal sessions, international Program Executives will provide insight into their schedules, outline production priorities and biases, discuss potential partnership deals, and answer questions. The second World Copyright Summit kicks off this year with an opening night party and reception in DC, hosted by the U.S. Rights Societies and Guilds members of CISAC on June 8. For the duration of the Summit running through June 10 the shape and impact of the new creative, economic, technological and legal environment will be addressed. Beginning June 10, industry networking and career guidance group URNetworking Alliance (meetup.com/urnetworkalliance) will be part host to a playreading series in New York, and, the group is also conducting the Casting Director Workshops and the Power Lunch Series in other venues as well. A think tank like event gives shape and substance to the 2009 Lake Placid Film Forum, running June 11-13, whose programs throughout the years have provided opportunities for filmmakers, screenwriters and actors to come together to exchange and obtain information related to the creation, production and distribution of film and other electronic media.
Posted by actorschecklist on 06/09/2009 3:21 PM Comments (0)
May 19, 2009Get To Know: BulletProofHeebAdam (known ‘round these parts as BulletProofHeeb) is a fan of the subversive. His love of comic books and the heroes within has inspired his life as an artist, a photographer, and his interest in “real” piracy. Find out what comics have to offer the disenchanted, why Adam started snapping photos in the first place, and who really wins that whole DC vs Marvel thing. Find out more about BulletProofHeeb inside...
Posted by PanasonicYouth on 05/19/2009 11:18 AM Comments (11)
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