Copyright issues - Fair Use

There has been a big issue, as you all may see in my blog's comments, regarding copyright of the SL Model's printscreens I uploaded here.

Very well, let's be clear what copyright protection is all about:

basicly, in general, copyright protection is supposed to protect authors from illegal copies, that may be used commercially and gain economical profit from someone else's work - whatever it may be, music, art, any kind of intellectual proterty, including text. Also the illegal copies that will affect in any way the original market value of the author's product. This is the basic idea of copyright protection.

DMCA is itself a version of the Copyright Law of the United States of America, applied to digital work - meaning webcontents.

According to article 107 of the Copyright Law of the Unites States of America, I'm not in copyright infringement ( and this also applies to DMCA).

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107. Limitations on exclusive rights: Fair use

the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

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After careful consideration of the Law, and also respecting blackLiquid's request to remove her photographs, I will remove the author's images and keep the essencial of my review.

Let's stick to the subject in question and not diverge into other issues that may distract everybody from the point I wanted to make.

I'm a blog author, I state my own opinions here, I do not insult anyone, nor do I instigate violence of any kind. However, I'm entitled to state my opinions freely. Everybody is free to read it or not. Everybody is free to agree or disagree with my opinions.

It's my prerrogative to filter the comments made in my blog. I have only one filter, as I have said: be polite and your comments are allowed.

One last note: no more comments about copyright infringement will be allowed. The review I wrote was about a SL Model and her attitudes.

Much appreciated for all your comments.

The right to answer back

Everybody has the right to answer to a situation when people may feel comfortable or uncomfortable with.
Regarding to my latest post, blackLiquid Tokyoska has the right to answer back.

She sent me an e-mail I'm going to publish here, with her own perspective, her point of view and a request. My answer to her e-mail is only posted here, not answered back to her e-mail.

Hello there Fashion Critique, it was lovely to see your post about me recently on your blog, I feel quite special that you have written about me 3 times in 7 months always getting free advertising from you is wonderful, however I would appreciate it if you could remove my images as you haven't asked for my permission to use them and I would rather that they are not used in this context. As you can see from my tumblr site http://blackliquid.tumblr.com/photography in my photography information section; "||ALL IMAGES REMAIN THE PROPERTY OF blackLiquid PHOTOGRAPHY AND ARE NOT FOR RESALE UNLESS NEGOTIATED WITH blackLiquid Tokyoska, IMAGES TO BE USED

FOR COMMERCIAL PUROSES ARE TO BE NEGOTIATED ON PRIOR TO USE, IMAGES MAY NOT BE TAKEN OR USED BY ANYONE WITHOUT PURCHASE OR WITHOUT PRIOR CONSENT FROM blackLiquid Tokyoska, IMAGES MAY NOT BE ALTERED OR CROPPED WITHOUT PRIOR CONSENT."

I appreciate your cooperation in removing my images.

Thanks for your time.

blackLiquid Tokyoska.

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Hello there blackLiquid,

Appreciated for your e-mail.
I'm glad my latest post has made you feel special.

I have only a few points to underline:

1. Your legal copyright disclaimer, stated in your e-mail, refers to your Tumblr website. The printscreens I uploaded here are from Flickr, public web content, searchable on google.

2. As I mentioned above and it's clear in my latest post, I didn't upload your photos. I uploaded printscreened public web content, with a link to your Flickr page, as legal courtesy.

3. Since you do not contest that the photos and text are yours, I don't see any reason to remove my printscreens of Flickr public content. I made clear who is the photographer and who is the avatar in the photo - you; who wrote the text - you. So, I'm not saying that the photos are mine. They are yours, it's public on Flickr. This is not content theft.

4. You ask me to remove your images, because I didn't ask your permission to use them. But I didn't not upload your photos. I uploaded public web content I searched on Google and I printscreened. You may see that I didn't change or crop any of your photos, because I didn't use your photos, even less from any Tumblr webpage.

So, your copyright legal disclaimer doesn't apply in this circumstance.

I did my best to identify the author of the photos and text shown in my printscreens, as it should be, legally, because the photos and text in the printscreens are not mine. Even though it's public content on Flickr - searchable on Google - I had the courtesy of identifying the author - you.

I'm glad you feel wonderful with me freely advertising you. Hence it doesn't make sense to remove my own printscreens of photos taken by you, posted in public Flickr pages, searchable by anyone and plus, giving you the ownership of photos and text, which you do not contest- you actually say they are yours.
I did the right thing. Gave you the complete ownership of the photos and text you have posted in Flickr public contents.

Again, much appreciated for your answer.
I will keep the printscreens of your photos and text in my blog, as they are, with the correct credits to who wrote that and who is in the photo. They are yours. You have absolute ownweship of what was photographed, posted and said, publicly on Flickr. Public content doesn't need legal permission to be printscreened or even screen photographed with a digital camera, if it were the case.

I'll be here, as always,
Fifth Avenue aka FC

Model Competitions in SL - Model's attitude

There are continuous contests for SL Models. Ultimately, everybody gains from them: some designers expand their brand; SL Models want their name known; SL photographers have their names out there too.

In my opinion, regarding competitions or contests, the contestants must be psychologically prepared for everything, especially prepared NOT TO win. There will be a winner, if it's you, good; if it's not you good, too.

That's why we are in the adult grid in SL. People are supposed to be more mature. Winning and losing are part of life.

Recently, I was informed of a situation with a SL Model who doesn't react well to not winning. I usually tell the Models' names, so I'm going to do it. I was lucky to see this Model's Flickr page the exact day when the winners of the competition were announced. It's a very good example of what NOT TO do, in Model competitions.

I have followed this lady's modeling career and then I stopped doing it, because of the ammount of situations I was informed about this person's attitude. And attitude matters, even in SL!

I'm talking about blackLiquid Tokyoska.
With an amazing avatar, this SL Model has been everywhere in SL Fashion: designers' stores, Model's competitions; photo contests; fashion shows, etc.

There are pros and cons about having a very distinctive avatar. Obviously, one of the pros is being distinctive, hence unique. Recognizable even without looking at her name. This is very important for every SL Model. Only a few have managed to have this kind of uniqueness.

A big con is that if we find the same avatar in many places, we soon get tired of it, hence the importance of changing and developing, always.

blackLiquid is one of these cases. She is one of the finalists for MVW - meaning she is finalist in a beauty pageant (beauty and style are to be considered here).
But to be a SL Model is different and modeling competitions are different from MVW.

Different in its essence. To be a finalist in a beauty pageant is all about beauty, a model's competition is about a lot of things, not based on a simple walk.
If the contest is well done, there should be several steps in the competition casting: first, a pannel of judges; then, have the judges relate to the Model, ask questions, see what she says and how she says things; another step could be styling up according to the some rules. All these may take some time, not exactly taking place in the same day.

Another thing to consider in Model's Competitions is that if a pannel of judges is present, the final results may not seem fair to all. Opinions vary, a lot! Everybody in the audience may have a favourite model, wether because he/she is a friend or if we love the styling, etc, several reasons to have a favourite. But the judges have the final word. Period!

blackLiquid joined a Model competition and didn't win. She was not in the first three. Immediately after the results, with all candidates on the catwalk, she left the stage. SL allows us to teleport, so people may 'vanish' , just like that. If this was RL, we would see a candidate walk and physically leave.

This is a terrible thing for a Model to do! If the person in question doesn't have the necessary respect for that pannel of judges, why join in the first place?
After not winning this competition, in the exact same day, blackLiquid posted a text in her Flickr account, trashing the contest, contesting the winner.




Here is the living proof of what a SL Model should NEVER do!!

blackLiquid quickly updated this text. I was lucky to to see it the day it was posted, about a week ago.



Why did she change the text of this photo?
Maybe because, in the day I saw it, there was a comment made by one of MVW organization members, carefully telling her that winning or losing is part of business(in other words). Is it possible that blackLiquid was afraid she would be out of MVW pageant with this kind of attitude? Who knows? But I can tell you, something happened here!

It's very obvious that to have a gorgeous avatar and to actually be a greceful person may not go hand in hand!
I'll be honest with you! I'd never ever hire such a Model, if I owned a SL Model Agency!

The truth is, blackLiquid may have a great avatar, but let's face it, so do many SL Models! In the end, what really counts is the ability to adapt to all circumstances, to be professional and humble, accept winning or losing with poise and grace. SL Models that are still outstanding have a positive attitude towards their career and most of all, they relate to other people with a kind manner.

I was already aware that some people in SL Modeling Industry already consider blackLiquid to be 'difficult' in terms of relashionship. This was the last drop.

All SL Models should look at this as a thing NOT TO do. She may have finished her Modeling career in SL. The best SL Model Agencies may not want to work with a person with such a personality.

What I have shown you is a fact! I'm not lying or making this up! This happened, proven here. Maybe blackLiquid made a mistake. It's a lesson not to act impetuously in the future. Every Model should learn from this.

The Art of Posing in SL and other things

I do pay much attention to poses in SL Modeling.
There is a great difference between RL and SL in this aspect: Models in SL really have this handicap - they need to have poses to use on the runway.

Obviously, in RL, what they have to do is use their own body.
And that is really an art, even in RL.
No matter how controversial it may be, American's Next Top Model with Tyra Banks is a great example of this. Ladies from all over the country try their best to win. And what do we see? Many of them with gorgeous faces, beautiful bodies, they simply don't manage to win the competition.

Since it's a reality show, we get to see what happens with those ladies when they are in the house, the relationship they create with their room mates.

Some of them, really don't get it!! And yes, it's also a matter of character, personality.

But when they have photoshoots, so many things become clearer. How they place their bodies, their facial expressions, hands, legs, everything counts. It's really amazing how we can see the strength of character by looking at a photo frame.

In SL, even if this sounds strange or weird, somehow the audience really gets the same feelings. The SL Model character shines through. That's why I firmly believe that not all beautiful faces should be Models in SL.

To win a beauty pageant is one thing, to be a Model is another - I can say for sure, completely different.

Let's see things from this perspective: if we take away the personal relationships people may have with this or that SL Model, just look, observe; there are some SL Models that simply stand out!

Again, this is a matter of opinion, hence the controversy. I like to watch fashion shows with Models that, once they strut that runway, people can't take their eyes off of her/him. The Model stands out!

And posing has a lot to do with that!
Shape and skin, also.
Having a good pc too.

It's absolutely important that SL Model Agencies keep looking for the best Models. And I don't mean the 'Diva like Model'. I mean, maybe a Model that could have been unknown and sudenly has been growing up, developping, becoming a good professional. And keep being demanding. Insist on that.

Insist on good poise on the runway. Insist on walking straight. Insist on demanding professionalism. In my opinion, regarding this topic, SL Model Agencies should be extremely demanding, because the Agency represent their Models. The best the Model is, the best the Agency is.

Another aspect of a SL Model's personality is to be humble, always. Listen to what you are told and be humble.

Be humble in contests, in pageants.
The Model's attitude towards this, says a lot about the person herself/himself.

Lately, there has been a growing number of contests in SL Modeling. But if we pay attention, the best models have steady jobs - without even entering a contest. They don't need to join contests to be hired, to be selected in castings. It's a matter of attitude.

And let me tell you, there are always 'diva kind of' Models. Always.

If SL Models accept my advices, here they are:

- be humble, always. The best SL Model Agencies will not accept arrogance, disguised in several forms.

- be updated, always. Not only go shopping, but also go and find new designers, tiny shops that have great items and are simply unknown - up to the moment when any 'famous' Model finds them.

- analize your pc behaviour in laggy situations; if your pc can't keep up with lag, you have two choices: quit being a SL Model or get yourself a better pc.

- prepare, prepare, prepare; don't go to a Fashion Show without testing the clothes and a dozen (or more) poses.

- I said this before: forget about Model AOs or Model huddles on the runway. Use manual poses. They won't fail in extremely laggy situations. Models may practice with huddles at home or even practicing with your fellow Models for a show. That is one thing. When you get to the show itself, lag will be huge, that huddles won't work, won't attach, whatever. Use manual poses. And this is a lot of work , isn't it? Chosing different poses - let's say 6 or 7 poses per outfit - it's not easy. It takes hard work. Because in the end, for just one Fashion Show, you may have to select, around 21 poses or so.

That's why it's an art: all the work the goes behind a Fashion Show, sometimes clothes being delivered just 10 minutes before it starts and have poses ready for it? Not easy work. But it has to be done! That's why some SL Model succeed and others don't.

It all comes to one thing: Modeling in SL can be professional or can simply be a comfort zone. And believe me, one or the other are clearly shown on the runway, once the Model steps on it!