Invert Moon by Paul Hood
Summit entertainment is hard at work protecting their intellectual property rights while restricting yours.
How funny, "Summit Entertainment" who owns the rights to the movie "Twilight", and the recently released "New Moon" among other holdings, just blocked my right to publish a photograph of the moon, which I shot at twilight. I described my image as such. The notification came through "Zazzle". As far as I know, no corporation owns the time between daylight and night. Nor have they yet laid claim to the moon itself, or the fact that we call it "the moon". They don't own the word, "twilight" either. I probably wouldn't depict an image of a new moon at twilight, or any other time though, because it would just be a solid, blank canvas-- so I guess Summit Entertainment is pretty safe there. My piece was titled "Lavender Moon", similar to the one pictured above. It's a nearly full moon. I wouldn't call it a threat or an infringement of any kind, and I would challenge Summit to make a real case if they think otherwise. Sending a threatening email to my print shop after they searched the word "twilight" is irresponsible and it does harm to my business. Sorry but I blame Zazzle too, for caving in without even checking on what they're doing. They started deleting my images before I even had a chance to answer the email that they sent me, and when we asked them what the supposed violation was. . . they didn't even know. They "guessed" that it was the words "moon" and "twilight" associated with an image for sale. That's pretty weak.
Sheryl and I are already writing articles on the subject. It's an interesting enough situation to warrant a press release. Sheryl might write one of those too. And we definitely mention the names "Summit Entertainment", "Twilight", "New Moon" and any and all other associated words and terms in the interests of being thorough. Might have to mention those words several times. And as we all know, that tends to get picked up by search engines. you know, repeating words like Summit Entertainment, New Moon, Twilight or, what the heck, Astro Boy, The Hurt Locker, words like that. I see that these films are currently in theaters:
It absolutely costs me money if I can't accurately describe the content of my artwork. I think it's still America. I can still take photos of the new moon at twilight and I can still talk about it, write about it, publish my art and call it any damn thing I like. I have not produced a movie titled "New Moon" or "Twilight", haven't tried to represent my work as being in any way related to Summit Entertainment, their films "New Moon" nor "Twilight". Why would I ? I have not seen either one. I might indeed enjoy these films, but can't very well afford to attend if the holding company is so paranoid as to harass me out of making a few bucks on my own creative, original material.
Let's see, a huge entertainment corporation with really deep pockets illegally infringes my first amendment rights by blocking me from publishing a photograph of the moon with the descriptive term, "twilight" in it. This could be the best Christmas ever.
My friend Dawn informs me that "The big movie that opened over the weekend, "New Moon" is the sequel to a best-selling teenage novel, "Twilight." They're probably thinking that you are trying to capitalize on the movie's popularity, but you go get 'em! You can't copyright a word or a naturally occurring phenomena. I hope it IS your best Christmas ever. Ka-ching!"
I'm considering a new piece, titled "New Moon at Twilight from the Summit", and it will probably look like a big black hole where something should be, but isn't.
Oh, and Summit also made these fine films (many of which I have enjoyed very much )
A Bronx Tale
The Baader Meinhof Complex
Bridge To Terabithia
City of Ember
DOA: Dead or Alive
Dot the I
Fly Me To The Moon (Maximum 3D Experience)
The Great Buck Howard
Honeymoon in Vegas
House of the Spirits
I Know Who Killed Me
In The Valley Of Elah
Inside Deep Throat
Last Exit to Brooklyn
Lock Stock and Two Smoking Barrels
Love in the Time of Cholera
Mr. & Mrs. Smith
Name of the Rose
Never Back Down
P.S. I Love You
Resident Evil: Apocalypse
Resident Evil: Extinction
The Shawshank Redemption
Sisterhood of the Traveling Pants
Slap Her She's French
Smilla's Sense of Snow
Step Up 2: The Streets
The Hottie & The Nottie
Oh, since I have linked to their website, I think that I really must reproduce their terms of service here, in it's entirety, because apparently you are making a legal agreement with them just by clicking on their URL. And lest there is any misunderstanding about who has a right to reproduce what-- they contacted me first regarding copyright and fair use. I think that they are sorely mistaken, and I am making an editorial statement about their policies and (mis)understanding of the law, but I feel it only fair and prudent to let my readers judge for themselves based upon facts, as opposed to mere opinion, legal though it may be for me to express myself as a US citizen.
Ready? Here it is:
"Revised April 25, 2008
Summit Entertainment, LLC
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS
GOVERNING YOUR USE OF THE SITE.
2. Site Content. . This Site contains a variety of (1) copyrighted material, such as information, articles, opinions, other text, directories, guides, graphics, photographs, illustrations, images, video and audio clips, trailers, music clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall �look and feel�, and (2) trademarks, logos, trade names, service marks, and trade identities, including the individual names of motion pictures, or other entertainment properties and providers, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the "Trademarks"), and (3) other forms of intellectual property (all of the foregoing collectively and individually are referred to as "Content").
(a) Ownership. This Site (including past, present and future versions) and its Content are owned by Summit or its licensors. All right, title, and interest in and to the Content available via the Site is the property of Summit or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. Except to the minimum extent otherwise expressly permitted under applicable law or this Agreement, no copying or other exploitation of Content from the Site is permitted without the express prior written permission of Summit or the applicable owner thereof. This applies to copyrighted Content regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such materials.
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9. Notice and Procedure for Making Complaints Regarding Content. Summit respects the intellectual property of others and we ask our Users to do the same. Summit has a policy of terminating the accounts of Users who (in Summit�s reasonable discretion) are repeat infringers. In accordance with the Digital Millennium Copyright Act, Summit has designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content on the Site. To notify Summit of Content on the Site that you believe infringes your rights, please provide the following information to the Summit Copyright Agent listed below:
(a) Your name, address, telephone number, and e-mail address;
(b) A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Summit to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Summit's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By e-mail: firstname.lastname@example.org (with subject "Copyright Complaints");
By phone: (310) 309-8400 (ask for General Counsel�s Office);
By postal mail:
Summit Entertainment, LLC
1630 Stewart Street, Suite 120
Santa Monica, California 90404
Attn: General Counsel � DMCA Agent
(with subject "Copyright Complaints")
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