Artists are the visionaries of society, reflecting and interpreting the past and molding the futures of our cultures. We possess inalienable rights: the right to own our work, to retain copyright to derivative works, to have the right of free speech in voice and form, and to be given credit for our creative works.
We long to involve our art in the mainstream of the culture. We strive to inspire and evoke. We seek exposure for our creative efforts. We demand fair return for our efforts. We refuse to be taken for granted.
You may be a visual artist, a dancer, a writer, a musician, a sculptor or any other self-professed creator. You are an artist by attitude, not profession or method of expression. The inner knowledge of 'creating with awareness' is the definition of artist. Art is an attitude, not an object. An artist might be a plumber, carpenter, accountant, clerk, laborer, anyone. This site is created to defend your rights as an artist. We are the Citizen Artists!
Do not let the corporations, the galleries, the venues of self-expression remove your rights! Our clear voice will be heard. We refuse to be put at the bottom of the pile. We refuse to remain starving artists! We demand fair compensation and fair treatment as artists...
© 2013 TheKingsThings.net
Google Glass - Death of the Cell Phone eBook blows the lid off Google's secret plans!
Brian King, American artist and author
I am among many things a tour guide with adventure listings at VAYABLE.com. I received a very troublesome email that I quote here:guide ad the video...
"Dear Vayable Guides,
A new homepage is coming soon and we are looking for great photos to live there, I am talking magazine quality photos. Here is your chance to submit a photo that would live on our new homepage carousel and link directly to your tour. Here are the guidelines:
- 3 photos will be chosen: 2 from SF, NY, London or Paris and 1 from somewhere else.
- Photos should relate directly to your experience/tour and you should have the rights to the photo (they will automatically link to your listing). They should be wide angle, with people having a good time, demonstrate your tour and your city, be colorful, bright and lively.
- Photos should be hi-res (approx. 1440 x 525) and JPEG format (up to quality 90), they will be big so no bad pictures that will look pixelated please!
- Photos of just landscapes and monuments (without people interacting and being active in it) won't make it. Here is your chance to get front page real estate and lots of traffic to your listing!
Please send your photos to email@example.com with the Email subject title "Vayable Home Page - your name - your experience."
I know this might be short notice but please send them to me by end of day Thursday 3/28 to be considered.
I have attached photos for your reference, I'm not using these but you get the idea of what we want. Make it FUN and creative and something that depicts your experience on our site.
By entering your photo, you grant Vayable, and those authorized by Vayable, a royalty-free, non-exclusive license to display, distribute, reproduce and create derivative works of the entries, in whole or in part, in any media now existing or subsequently developed, for any educational, promotional, publicity and all other standard Vayable purposes. Any photograph reproduced will include photographer credit as feasible. Vayable will not be required to pay any additional consideration or seek any additional approval in connection with such uses.
Here we go again! I immediately wrote Michelle, informing her that the clauses at the end of the email were abusive of artists rights. I told her that there was no need to take the artists' (photographers') rights to derivative works, that VAYABLE could simply obtain from the artist "rights to publish". She responded immediately and clearly that VAYABLE did not want to take any artists' rights away. She promised she would send out an amendment to the email that clarified this issue to her guides. That clarification was send out MINUTES (!!!) later.
Way to go VAYABLE! That's the way we like it, uh-huh, uh-huh! VAYABLE.COM gets the GOLD AWARD and is now WHITE LISTED as a pro-artists organization that is responsive to artists' rights!
I am an iReporter for CNN at CNN.com. I was in the process of uploading our newest video when I DECIDED TO READ THE TERMS OF SERVICE!!! I found clause number 5 to be both offensive and intriguing. I, of course, did not upload the video...
Here we go again! But this time you MAY make some money! So onto the gray list goes CNN!
By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to CNN 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. Notwithstanding the foregoing, in the event CNN licenses your material as stand-alone content outside of CNN's programming to third parties unaffiliated with CNN, CNN will pay you a percentage of the license fees it actually receives according to rates determined by CNN's licensing division, ImageSource. You agree and acknowledge that any materials you submit may be entered into the annual iReport Awards. "
"Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose."
What do you think about the practice of giving without compensation all rights to derivative works (based on your contest entry) when you enter a photo contest? Note Clause 10 in the rules of the PROJECT IMAGINAT10N contest:
I think this is commonplace among for profit and nonprofits and is morally wrong. Artists have the RIGHT to reserve derivative work ownership. Who do these companies think they are dealing with? Starving artists? Desperate and hopelessly naive artists? Of course! (Just get them to enter and steal the concept. They don't read the rules anyway.)
(I agree to grant all rights to Sponsor and any entities for any and all) "derivative works based on the Photograph or any component thereof, for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation".
Things are getting fishy at NPR. As an artist activist I felt compelled to expose a wrong I had discovered relating to the contest they are currently running, the THREE MINUTE FICTION CONTEST. I created a user account on NPR.org in order to post my comment, by linking my Facebook account, an option NPR offered. I then posted the following comment:
"I was so excited to learn while listening to NPR that there was a Three Minute Fiction Contest! I labored for four days to create an a great story. Finally, I was ready to submit. I filled out the form to register, then completed the author details section. Just before uploading my story, I read the rules. I WAS ASTONISHED!!!
The NPR rules state in clause (7.) NPR allows my retention of copyright, yet clause (9.) states that NPR would own any and all duplicate, parallel, and derivative works! This means NPR could develop and would own all screenplays, books, movies, TV productions, etc. based on my submitted story!
How could NPR lure authors into this contest, this web of subterfuge and potential plagiarism, then so deviously rape the ideas of those innocent writers? Obviously, most entrants don't read the fine print. Your apparent attempt to steal ideas from gullible, unsuspecting neophytes is beyond the pale.
Please, NPR, please tell me clause (9.) does not mean that! That NPR is not a blatant "idea thief"! We had faith in you... isn't NPR for the people? No, it seems NPR has its own hidden agenda, the theft of creativity itself! Shame on NPR!
I WARN ALL AUTHORS TO AVOID THIS CONTEST! READ THE RULES!"
The post was removed four seconds after posting "because it did not meet the NPR.org Community Discussion Rules". I couldn't believe this was censored! I logged out of NPR.org. Then I thought I might rebut the rejection by posting a softer criticism. So I logged in again, but the Facebook login sent me into NPR as another user, under another profile! What had NPR disliked so much about my post to have switched my logins with another NPR community member (I won't divulge his name.) So, I set up a new NPR account, this time with no problems. I will let you, the reader, discover what happens next...
Update: 5 of 7 protest posts were disallowed.
The Contest: here
The Contest Rules: here
The Community Discussion Rules: here