Tuesday, January 10, 2006

Thought I was getting a bit Sketchy

Photos, Blogging and Fair Use

February 03, 2005

By Jay DeFoore

New York photographer Naomi Harris spent her Christmas holiday redesigning her Web site and adding new pictures, only to have the site become so popular within a matter of days that the site was overwhelmed and she was forced to shut it down.

The unwanted attention came from readers of the popular soft-porn blog Fleshbot.com, which posted one of Harris's photos without her permission and linked to a documentary photo essay on Harris' site titled "Porn Star Academy."

Harris says her site received 13,000 visitors the first day the link was posted, 54,000 the next and 75,000 the next as other sites in the blogosphere picked up the link. After three days, Harris contacted her Internet service provider and asked that her site be shut down before it accrued hundreds or even thousands of dollars in overage charges.

Harris has spent the last three weeks locating another ISP with cheaper bandwidth charges and moving her site onto a different host server. Though she's taken it all with a sense of humor, it's still been a "royal pain in the ass."

"For all I know most of these [visitors] are probably perverts who were too cheap to pay for online porn," Harris says. "There could be thousands of sticky keyboards out there just from my pictures."

Like most professional photographers, Harris' Web site is her main promotional tool. Her Web site debacle has hit her directly in the pocketbook.

As blogs and photoblogs explode in popularity and become increasingly commercialized, photographers are beginning to complain about the common practice of posting photos on blogs without permission. Fleshbot, a profitable site that's part of Gawker Media, is different from political or gossip blogs in that its posts are generally commenting directly on the photo being displayed. But many blogs use copyrighted celebrity or news photos to illustrate what the blogger is talking about, much like traditional news sites.

In a recent discussion on the Digital Photography Weblog, one photographer summed up the growing sentiment among professional freelance artists: "In all fairness, you should always ask permission. If it is not granted, don't use it. Real Simple. You're skating on very thin ice if you think that you can continue using images in your blog without permission."

New York-based intellectual property lawyer Nancy E. Wolff of the firm Wolff & Godin says the fair use provision of the copyright act protects posts that analyze a photo as a work of art, but many other common uses don't qualify.

Fleshbot editor John d'Addario argues that his use of thumbnail-sized photos constitutes fair use, which is defined in section 107 of the copyright law to include "criticism, comment, news reporting, teaching, scholarship, and research." And besides, he claims, most artists whose work he's displayed appreciated the exposure.

"With more than 3,500 posts I've made since launching Fleshbot in November 2003, I've had only one or two complaints from people who didn't want their picture posted," d'Addario says.

If photographers find their photos posted online without their permission, they can ask the site's owner to take them down. If that doesn't work, ISPs are required under the Digital Millennium Copyright Act (DMCA) to take down unlawful content.

Although d'Addario says the blogging community has an internal code of ethics which prohibits such things as "bandwidth theft," or the practice of "deeplinking" to a particular jpg or gif file on someone else's server, few hard-and-fast rules exist.

PDN asked one veteran blogger about photo usage, and the response was the familiar misconception that by using thumbnails, cropped or low-res images, a blogger is exempted by the fair use provision. This argument is also seen on Gawker.com's disclaimer page, which points readers to a 9th Circuit Court's ruling on Kelly v Arriba Soft that upheld the legality of thumbnail usage of images on a search engine. But Wolff says Arriba Soft's use of thumbnail photos differed from the blogs' in that it did not harm the revenue potential of the images.

"Not every thumbnail is fair use," Wolff says. "[Arriba Soft] was not supplanting the original use of the image. ... One of the most important points of the fair use doctrine is the effect of the alleged infringing use on the value of the original use."

Photographers hoping to utilize blogs as a potential revenue source may have a while to wait. Though a few blogs do make money, very few license photos. "We use photos from stock and pay in those cases but otherwise we're using derivatives of stuff that's generically on the Web," one popular blogger says. "Images greatly improve blog readability, but since most blogs are written for free (or very little money) I think I can reasonably speculate that if most blog owners had to pay for images no one would use them unless they could be provided at very low cost."

Still, blogs are not exempt from litigation if the need should arise.

"If they are making money there's no reason they shouldn't pay for pictures," Wolff says. "Just because they're a blog they're not exempt from copyright law and they're not entitled to a free ride."

The Digital Millennium Copyright Act of 1998 (PDF)
U.S. Copyright Office - Fair Use



Didn't I see you down in San Antone on a hot and dusty night?
We were eating eggs in Sammy's when the black man there drew his knife.
Aw, you drowned that Jew in Rampton as he washed his sleeveless shirt,
You know, that Spanish-speaking gentlemen, the one we all called "Kurt."

Come now, gentleman, I know there's some mistake.
How forgetful I'm becoming, now you fixed your bus'ness straight.

I remember you in Hemlock Road in nineteen fifty-six.
You're a faggy little leather boy with a smaller piece of stick.
You're a lashing, smashing hunk of man;
Your sweat shines sweet and strong.
Your organ’s working perfectly, but there's a part that's not screwed on.

Weren't you at the Coke convention back in nineteen-sixty-five
You're the misbred, grey executive I've seen heavily advertised.
You're the great, gray man whose daughter licks policemen's buttons clean.
You're the man who squats behind the man who works the soft machine.

Come now, gentleman, your love is all I crave.
You'll still be in the circus when I'm laughing, laughing in my grave.

When the old men do the fighting and the young men all look on.
And the young girls eat their mothers meat from tubes of plasticon.
Be wary of these my gentle friends of all the skins you breed.
They have a tasty habit - they eat the hands that bleed.

So remember who you say you are and keep your noses clean.
Boys will be boys and play with toys so be strong with your beast.
Oh Rosie dear, doncha think it's queer, so stop me if you please.
The baby is dead, my lady said, "You gentlemen, why you all work for me?"

— Jagger/Richards

Anita Pherber Pallenberg-Performance

Morris Genius

Tokyo Barley Stylee

Introducing Chantelle Houghton!

Our favorite new chav is one of the many contestants competing in Celebrity Big Brother, currently airing in England and co-starring Traci Bingham and Dennis Rodman

In real-life, Chantelle, 22, works as a Paris Hilton impersonator, but the producers of Celebrity Big Brother hired her to pretend to be the lead singer of a nonexistent girl group, called Kandyfloss, and make the other celebs in the house believe that she is truly a real celeb like them.

"People have been commenting on her likeness to Paris Hilton for years," says a pal of Chantelle's. "We call her Paris Travelodge because she is the Essex version of the real thing. She's a nice girl, if a bit ditzy. She just wants to be famous." And, she may just be that when she exits the Big Brother house.

Notorious womanizer Rodman has already welcomed - quite warmly - the Paris clone into the house. The pair have been seen lying in bed holding hands and later Dennis grabbed Chantelle and carried her, giggling, into the shower.

A star is born!

Rally Golf4GTi

Desire and the Good Life

What should we want to really really want? We want to live a good life both on the large scale and on the small, to live well, to be happy. Happiness, said Aristotle, is essentially a matter of activity. To live well is to act well, to actualize our potentialities. A good life is one of action and engagement. Even on the smaller scale the things we really enjoy are activities that fully engage us and draw upon our abilities. That's the point of that most Aristotelian of bumper stickers "Are we having fun yet?". If that question can be asked then a negative answer is necessary. If the activity is really engaging so little of your attention that you can ask whether or not you're enjoying it, you aren't.

What sorts of desires are likely to lead us to this sort of excellence-in-activity, not just in episodes but in our lives? As Aristotle says, "One swallow does not make a Spring, nor does one sunny day; one day or a short time does not make a man truly happy and fortunate." (1098a17-19)

Really happy people are those actively engaged in the pursuit of something they really want. Very extensive wantlessness is completely incompatible with happiness.

But Homo economicus may well be happy for a while, accumulating wealth and power, clawing his way up the ladder of success. This game, like many others, may be highly enjoyable. But without genuine commitment to other people or to communities of any sort the rewards turn to ashes in the end.

A much more promising candidate for happiness is she in the grip of a single desire, tyrannical but genuine. It may be that the happiest, the most blessed lives, are led by happy warriors wholly and single-mindedly devoted to a cause or to a love.

Maybe so, and maybe it's just because I am myself incapable of such totally dominating commitment that it seems to me a sadly closed and less than fully human life.

The challenge is to combine love and freedom, to join, somehow, deep motivation and real openness to change, genuine membership in community and true autonomy. A worthwhile life, it seems to me, must be sufficiently open and reflective that elements and episodes of wantlessness are inevitable. They may, or they may not, enrich the satisfactions of commitment. I am sure that the most desirable life is not one in which one always knows, much less always gets, what one desires.

Copyright 1998, Harlan B. Miller

Of Deep Throats and Shallow Thought

Excerpt from:Of Deep Throats and Shallow Thought
The Art and Politics of Netporn

by Sebastian Olma

'There is, however, one nagging question: Where the fuck is Bifo?

Anticlimax: it transpires that Bifo has pulled out at the last minute. This is even more unfortunate as his essay, (perhaps programmatically entitled) The Obsession of the Vanishing Body, that circulated at the conference, could have set the tone for a productive engagement with the matter at hand. In this brief exposé, Bifo suggests a conceptualisation of pornography as index of what he refers to as the contemporary pathology of emotionality. In a sense, he applies the familiar Baudrillardian thesis of the implosion of the real to the phenomenon of netporn, arguing that the compulsively repetitive character of internet pornography reveals the general loss of connection between vision and emotion. As the perception of the image does not yield the desired result, the act of vision is ceaselessly repeated. The desiring body is thus put in a state of permanent electrocution that buries sexual imagination under the mass of repetitive acts of vision. ‘Stimul-hypertrophy’ becomes the instant substitution for emotional elaboration at the level of the body. What results is emotional atrophy.

This might, perhaps, sound a bit old-fashioned. However, it could have delivered a trigger for a debate conceptually on a par with the currents of contemporary theory. In fact, continental thought today does offer a rich and fertile arsenal of tools for critique and exploration of a phenonomenon like netporn. One might think of the renaissance of Bergson’s work on perception (an ontology of affective images acting on other affective images) whose intellectual mutations have quite productively begun to move media and art theory out of their structuralist deadlock. One could also imagine an interesting approach to netporn from the perspective of biopower/biopolitics, for instance in a problematisation of the formation/deformation of the flux of living desire in the smooth flow of internet imagery (and the corresponding economy).'



The Art and Politics of Netporn
October 7-8, 2005 in Amsterdam, The Netherlands.
Institute of Network Cultures in Collaboration with Katrien Jacobs.

In October 2005, we will organize a gathering for multiple reactions and reflections on netporn as daily ingredient of network culture. What do we mean by netporn? A complex net of interactive environments, netporn is social-economic traffic between large corporations and fringe cultures, between ISP’s and clients, stars and audiences. Netporn is blogging, camming, chatting, forwarding or linking, binging on portals, confession boards, mailing lists, zines. Does netporn corroborate the pact between technological experiment and hedonism? What are the dark sides of netporn economies? What do we want to try out with the ‘enhanced G-spot’? Debate means recognizing and re-drawing the contours of hype and hysteria, of polemics and polarization, discussing traffic as local and global phantasms, or cross-fertilization between economy, desire and art/queer politics.

Graduating from porn as smooth plunge into the Matrix, we see netporn as nets of industries and aesthetics with huge impact on cultures and the law. As netporn is globally more available to net users, specific groups and users are more actively being surveilled by ISP's, or censored by nation-state governments. What is left for scholars and artists to do with the rhetoric of ‘crime and punishment’? Can we investigate how these industries actually work and make imaginative sketches to go beyond the censorship climate?

Netporn is an intricate fabrication of desires and mechanisms of repression. Scholars and artists are invited to take a position in this unprecedented gathering. We are looking for new openings, new definitions of pornography, based on multiple commentaries, porn theory as solo path or collaborative eroticism. Can we take a tactical media approach to netporn for belly wisdom and processing media histories? As Matteo Pasquinelli ponders in ‘Warporn Warpunk! Autonomous Videopoesis in Wartime,’ we now seek war and torture news as grinning monkey, as media makers, can we still nurture our inner beasts and media intellects? Many of us can speak of netporn, prone as we are to sexual teasers and marketing, but we want to read signs on the wall into deeper sites and economies, to frame attitudes and responses.

For instance, we could open a Fund for Internet Porn Researchers (FIPR) to archive netporn phenomena and communications. FIPR would encourage researchers to submit credit card information, explore porn traffic and communication, and come back to share reflections. FIPR is interested in social-economic analysis, in industry critque and ‘averse’ or ‘active’ consumption by researchers who may not ordinarily buy products.

Waves of netporn censorhip have a clear affect on artistic freedom and show that porn researchers have to discuss pornographic traffic that leads to societal grid-lock. We would like to engage in discussions of freedom of speech, (self) censorhip and government/institutional surveillance of net traffic, of sex cultures and networked minorities. Internet pornography thrives on image regimes of ‘cruelty’—besides lack of civil rights and unions for sex workers—a wide-spread creation of appetite for violence, terrorism, war on innocence and sexual otherness, openness. The issue is to turn pornography as cold flesh industry on its head, using the gathering as a springboard for theoretical outpours, poetic visions, desires and encounters as politics.

Please contact us with art and ideas about the following areas:

* History: Media archeology and interface studies of netporn, computer gaming, porn animations, erotic manga comics, porno-chic in music, netporn as navigation, as database management, state-of-the art, P2P porn, netporn as amateurization of culture

* Traffic: Netporn geographies, social-economic ‘traffic’, e-commerce and business management, Internet Service Providers, shifting porn markets, , global/local porn mapping

* Transfer: Renaissance of porno theory, porn and sex education, anti-net-porn as gate-keeper, netporn as renewed political debate

* Psycho-landscape: children on netporn, confessions boards, net addictions/passions, porn and war imagery, porn and love/peace activism, net and sexual ecstasy, subculture & surveillance studies, porn and paranoia

* Censorship/regulation: Internet censorship and porn/sex operations, globalization and local reactions, (dys)function models of regulation, political role of ISP’s, adult domain

* Gender/Queer politics: Autonomy/manufacturing of toys and bodies, the net and sexual orientation, communities/ghettos and collaboration, politics and rights of online sexworkers, women/queer entrepreneurs

Please send your ideas to info AT networkcultures DOT org

FORMAT: NO more papers or panels. No more blind reviews.

Send us ideas for presentations, individual or collective proposals, suggest new conference formats. Participation in the porno-wiki highly encouraged. Conference will consist of multiple presentations and debate with audience, art show, texts will be archived in advance, circulated to participants, with your daily load of netporn.

::Text by Katrien Jacobs::


I am fascinated by obsession, but I don't understand it; I don't think anyone does. You're right in saying that it does not want to be placated, but I don't think that means it can't be marketed to.

I think advertising and the world created in the fashion magazines are about desire, ever-inflating, ever-more-florid desire, and desire is the opposite of satisfaction. It's like rubbing, rubbing, rubbing and never having an orgasm. It's ideally meant for people who don't know how to be satisfied. My thoughts about the porn industry are similar; in a way, everything gets addressed in porn -- love, hate, contempt, neediness, violence, tenderness, you name it, it's probably in there someplace. But it has that same repetitive, numb, obsessive quality that ads do. Even when the porn is very dark, there's a way that it doesn't get into that pit. I think the hilarious imaginary ad you came up with ("Sometimes nothing gets me off at all") is closer, just because it accepts bad things without trying to fix them, and that's why it wouldn't run as an ad. Though if somebody did run an ad like that, they'd have the media talking about their ad and their product for several years.

I dont know where he gets it from, probably the internet, writers!


Marx argued that the capitalist economy leads to the fetishization of goods and services, and the devaluing of the worth of a good or service, and instead focusing on its price in the market. In many critical contexts the term is used to describe the tendency of people to identify strongly with products or services they consume, especially those with commercial brand names and obvious status-enhancing appeal, e.g. an expensive automobile, rich jewellery. It is a pejorative term which most people deny, having some more specific excuse or rationalization for consumption other than the idea that they're "compelled to consume". A culture that has a high amount of consumerism is referred to as a consumer culture.

To those who accept the idea of consumerism, these products are not seen as valuable in themselves, but rather as social signals that allow them to identify like-minded people through consumption and display of similar products. Few would yet go so far, though, as to admit that their relationships with a product or brand name could be substitutes for the healthy human relationships lacking in dysfunctional modern societies.

The older term "conspicuous consumption" spread to describe this in the United States in the 1960s, but was soon linked to larger debates about media theory, culture jamming, and its corollary productivism.

The term and concept of "conspicuous consumption" originated at the turn of the 20th century in the writing of economist Thorstein Veblen. The term describes an apparently irrational and confounding form of economic behaviour. Veblen's scathing proposal that this unnecessary consumption is a form of status display is made in darkly humorous observations like the following:

"It is true of dress in even a higher degree than of most other items of consumption, that people will undergo a very considerable degree of privation in the comforts or the necessaries of life in order to afford what is considered a decent amount of wasteful consumption; so that it is by no means an uncommon occurrence, in an inclement climate, for people to go ill clad in order to appear well dressed."(The Theory of the Leisure Class, 1899).

Viktor Frankl had suggested that in the U.S., the engine behind consumerism is an extension of the "bread-winner" desire, an argument originally made by Veblen in his 1899 book.

"Overcoming Consumerism" is a growing philosophy. It is a term that embodies the active resistance to consumerism. It is being used by many universities as a term for course material and as an introduction to the study of marketing from a non-traditional approach.

Bill Hicks and Pier Paolo Pasolini were strongly opposed to consumerism.



Born: 04/04/87
Birthplace: Manchester (Crumpsall Hospital)

Height: 5ft 4
Weight: 8 stone 4
Bust: 34c
Waist: 25
Hips: 34

Hair: blonde
Eyes: blue

features: All-round goddess-like beauty, amazing
flexibility. No silicon
implants or plastic surgery. Still single.

Chemical Symbol: dont know wot this means!!!

Drinking Habits: tee-total!!!

Known weaknesses: fall in love too easily!!!

The Questions

Q: Who are you? Gemma

Q: Did you go to college? City College Manchester, I have a BTEC in Dance!!!

Q: Where can you be found? in Rochdale!!!

Q: I hear there are some pix of you available online? On FHM website and max power and page3.com!!!

Q: Have you any plans for future shoots? If i win Page3 then definitly if not then I will keep applying to FHM and get an agent

Q: How did you get involved in nude modelling? I sent off my picture to the sun and got through to the final!!!

Q: Can I find any other interviews online? Nope this is an exclusive ha!

Q: Amazing! youre still single - how can this be? Im very picky!!! and im newly single!!!

Q: Have you got a fan club? Well i have now i think ha

Q: Is there a mailing list or newsgroup? nope not yet!!!

Q: Are there any sites devoted, or dedicated to you? no, i wish!!!

Q: Ever kissed/made love to a girl?? Ive kissed a girl but not properly!!!!

Q: Whats your favourite food?? chicken!!!

Q: Whats your favourite sexual position/fantasy? depends wot mood im in but normally from behind!!!

Q: Ever cheated on a partner? never, im a good girl!!

Q: Who,Whats? your ideal partner? Paul Walker (from fast and furious) if not then tall, dark n handsome

Q: How long was your longest relationship? 20 months!!!

Q: why did you split up? He didn't have time for me!!!

Q: How do you stay so fit? I used to dance and i go to the gym

Q: Modellings a tough job, how have you found it so far? Are the industry
people letches or good to work with? Well i really enjoyed the page3 shoot as they really help you and put you at ease n the other girls are dead nice.

Q: Ever thought of setting up a modeling agency? not really as im not even a model yet!!!

Q: Any secret Desires?? cant tell you that!!

Q: your last dirty thought was? being on holiday with my ex!!!

Q: would you pose for life drawing or private photography? erm, no

Q: your favourite food, what, can you cook? erm, i cant cook!!! i can only make beans on toast ha

Q: your favourite music? All music!! depends what mood im in but mainly Usher, Mariah Carey, Christina etc

Q: Your ideal company/(see ideal partner)? Bradd Pitt n Paul Walker

Q: Can you sing/dance? I can definitely dance n im ok at singing

Q: When you go clubbing you go where? Manchester - Printworks, deansgate etc