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
Adrift
American Pie
The Baader Meinhof Complex
Babel
Bitter Moon
Bound
Bridge To Terabithia
City of Ember
Deception
Disaster Movie
DOA: Dead or Alive
Domino
Dot the I
The Fall
Fly Me To The Moon (Maximum 3D Experience)
The Great Buck Howard
Happy-Go-Lucky
Harsh Times
Honeymoon in Vegas
House of the Spirits
I Know Who Killed Me
In The Valley Of Elah
Inside Deep Throat
The Jacket
Keeping Mum
Last Exit to Brooklyn
Lock Stock and Two Smoking Barrels
Love in the Time of Cholera
Malice
Man Trouble
Mediterraneo
Memento
Michael Clayton
Miss Potter
Mr. & Mrs. Smith
Name of the Rose
Never Back Down
Neverending Story
Nim's Island
Once
P2
Penelope
Perfume
P.S. I Love You
Racing Stripes
Resident Evil
Resident Evil: Apocalypse
Resident Evil: Extinction
Ricochet
Sahara
The Shawshank Redemption
Sisterhood of the Traveling Pants
Slap Her She's French
Smilla's Sense of Snow
Step Up
Step Up 2: The Streets
Strange Wilderness
The Hottie & The Nottie
Wrong Turn
Wrongfully Accused
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
Terms of Use
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS
GOVERNING YOUR USE OF THE SITE.
This Site, and the information, Content and services it makes available (which, collectively are referred to as the "Site"), is provided to you by Summit Entertainment, LLC ("Summit" or "We" or "Us"). These Terms of Use (this "Agreement")set forth the terms and conditions governing your use of this Site and apply to all web sites owned or operated by us (however accessed and/or used, whether via personal computers, mobile devices or otherwise) that post a link to this Agreement and other interactive features that are accessible or downloadable though the web sites owned or operated by us. By accessing or using this Site you accept and agree to be legally bound by this Agreement as it may be amended or supplemented from time to time. If you do not agree with the terms of this Agreement, do not use this Site. In addition, we may post additional guidelines that apply to certain features we offer on this Site (such as message boards, chat rooms, blogs or similar forums), and you will be subject to such additional guidelines when you access these features. To the extent there is a conflict between this Agreement and the terms of any additional guidelines, the additional guidelines will control, unless the additional guidelines expressly state that this Agreement will control.
- Modifications to this Agreement
- Site Content
- User Forums, Postings, and User Generated Content
- Acceptable Use
- Registration
- Site Content and Performance
- Your Contact With Advertisers or Other Third Parties
- Sweepstakes, Contests, and Promotions
- Notice and Procedure for Making Complaints Regarding Content
- Disclaimer Of Warranties with Respect to Site
- Limitation of Liability
- Indemnification
- Compliance
- Miscellaneous Terms
- Contact Us
Table of Contents
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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: copyrightagent@summit-ent.com (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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You agree to indemnify, defend and hold the Summit Parties, harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys' fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or alleged breach of this Agreement; (b) your use of the Site or activities in connection with the Site; (c) your Submissions; or (d) your violation of any law, rule or regulation. You will cooperate as fully required by the Summit Parties in the defense of any claim. Summit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Summit.
13. ComplianceYou understand and agree that we will determine your compliance with this Agreement in our sole discretion. Any violation of this Agreement may be referred to law enforcement authorities.
(a) Modification or Suspension of the Site. We reserve the right, at any time and without notice to you, to modify, add, suspend, or discontinue, temporarily or permanently, the entire Site or any portion of the Site, in our sole discretion. This includes the right to modify, discontinue or remove any Content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we shall not be liable to you for any modification, general suspension or discontinuance of any aspect of the Site. We may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site at any time
(b) Jurisdiction / Location. Unless otherwise specified, the Site and its Content are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States. We control and operate the Site from within the State of California, United States of America, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. We make no representation or warranty that the Site, or any Content or other materials available on the Site, are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(c) Severability of Agreement. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
(d) Applicable Law. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of California and the United States of America without giving effect to any principles of conflicts of law. Any legal action or proceeding between Summit and you related to this Agreement or otherwise arising out of usage of this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or having jurisdiction over the County of Los Angeles, State of California, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
15. Contact Information. If you have any questions or concerns with respect to this Agreement or the Site you may contact us by e-mail at termsofuse@summit-ent.com. "
1 comment:
Hey Paul, I just left a message with the general counsel's office asking for a return call about my complaint. Stay tuned...
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