"FYI...size *always* matters, Brad. Trust a girl."

*snort*
sorry, that was unladylike. but yeah.

I'd say wait it out- the situation doesn't look like it's been investigated thoroughly yet- we don't have details on who reported it to youtube or what was going through their head. could all resolve itself nicely, who knows?

This looks like a miscommunication issue.

Lynette has created montages of clips from other shows (such as those at IBCC) with the permission of the organizer as "news" coverage of the event. When you and she agreed that she would "cover" your event, you probably interpreted the word "cover" to mean "still photos" and she probably interpreted it to mean "video" since she has recently started doing that at other events.

I would suggest that in the future you should specify with any media representatives just exactly what behaviors are allowed - still photographer without flash, still photography with flash, video, etc. As a trained journalist, I can tell you that I wouldn't interpret a notice in the program or an announcement from the stage as being assumed to apply to any journalists present. I would expect that journalists might, at the organizer's discretion, be given special permissions that go beyond the permissions given to the public.

It's unfortunate that the misunderstanding in this situation has caused some tempers to flare. But If the miscommunication can be acknowledged for what it was, then there is an opportunity to learn from it, forgive, and move on.

Hi all. Just popping in as your friendly moderator. :)
This subject could possibly grow to be emotional. We have highly valued contributing tribe members close to people in this situation. With that in mind I won't be participating; just sitting on a fence watching.

Sorry for this long winded response-
Thank you Shira for pointing out that the role of the press is different than that of a fellow artist and that representatives of the press are
generally invited to performances BECAUSE they will report on what they have seen. Over the years GS has tried to fill the need in the community for objectivity. This is very difficult in such a small community and very few of us actually have journalistic training. We are doing the best we can. This means that the subjects of our reports are not always shown in a flattering light, as Asharah would prefer. It is our belief that critique will help the community and our art to grow. Sometimes it is enough to post pieces of an actual performance or people's own words to best impart information. Then individual readers can make up their own minds, without a journalist's opinion as a filter. That was my goal for the Suhaila piece. I wanted the performances to speak for themselves.

This was not the first time Vashti had seen my camera. I interviewed her with the same camera before. I believe the video clip was pulled for reasons other than copyright issues. The unaltered footage I posted contained information she and Suhaila did not want the public to see. Photo spreads are safer. They can be chosen, or altered, in a way that video can not.

My job is to report what I see as objectively as possible. There is no better tool than video for that. As for the copyright issues themselves, I
am still learning what they are and how to apply them. It was not my intention to take away the value of Vashti's footage or hide behind the
Fair Use law. I doubt that the official videographer's footage on that night will ever be made public. I just wanted to show our community's famous artists as they are today. In the past, Vashti has appreciated reports and reviews of her productions. A producer takes a risk when they invite "unimbedded" press to their shows. I spoke with Suhaila before I even started working on the review. I told her I did not think this was her best show. She told me repeatedly that I did not need to do a review of the show at all. I told her that I felt obligated to document the show at the very least. I told her that I may just do a photo and video report and skip the text. I remember feeling that I had already compromised by telling her this. She invited me to come do a video interview of her at her new studio. I spoke with Vashti after the review was posted. She tried many strategies to get me to take it down. She even tried blaming me if Andre (S's ex) took Isabella away from Suhaila. It was only after this that she tried the copyrights angle.

Concerning copyrights in general: aren't there other rights here that Vashti and Suhaila should address if they release the footage on DVD? I learned a lot from this article - Music Copyright Law for Belly Dancers
www.gildedserpent.com/art40/Y...ight.htm

What about the rights of the artists who wrote the music and the lyrics of the songs the musicians played? Synchronization Rights ought to be paid to them, right? I wonder if the producers or Vashti are concerned about cheating those artists out of their income.

As for respect and ethics ... I respect any artist who gives 100% of themselves to their audience, who works hard to represent their art form
and who does not rest on past laurels. Everyone has an off day, an off week or month or year. But at what point does respect become a veil to hide behind?

Is it then ethical for a journalist not to report a change? Are not the ethics of objective reporting at odds with respect under these
circumstances? Would our community prefer to have a magazine that only publishes positive reviews - out of respect? Or perhaps no news disseminator at all? Over 300 members of our community have published articles with GS in the last 10 years, with more volunteering their time to edit, proof, advise and to teach me.(Thank you!) It seems that most have enjoyed the large audience it has given them to voice opinions. Would you miss it if it disappeared? At the same time all this unnecessary drama has been going on, Vashti has told me this is not personal and wants to post more ads! Its hard not to be confused.

I do not think it necessary to make personal accusations about my integrity, values or ethical ideals. I felt GS's ability to report objectively was at risk and voiced my concern in the magazine. Judging by Ashara'hs posts, I must have hit a nerve in the community, or reopened wounds that hadn't quite healed.

Thank you for listening and for your discussion. I have learned a lot from your debate and it is helping me to sort through my confusion.

Just and update on the situation with our coverage by the fair use law. I took your advice and consulted a copyrights lawyer I was referred to by the California Lawyers for the Arts.
This is what I learned:
This is a classic case of why the fair use law was created. The fair use law definitely protects Gilded Serpent in using video for newsreporting, critique and commentary. There is no law about the length of a clip that is allowed. The lawyer said it has more to do with not filming the whole performance. She said the only thing that she might have grounds for complaint is regarding protecting her choreography and that would be if I had filmed the whole dance. This performance was billed as opportunity to improvise to the band so this should not be a factor. It is helpful that I have the ticket they sent me that says “press” and “gildedserpent” on it. It is meaningful that both Vashti and Suhaila are familiar with how we have covered events before. They cannot invite me to cover the performance and then retroactively revoke permission. She did say that parents have the right to control the coverage of their children. She was not clear about the issue if the parents have placed a child on a public stage. She recommended that we reedit the footage to be as short as can make our point and remove the kids. She said that I should definitely file the DMCA counter notice at YouTube and not be afraid of the legalize that it contains. She suggested that I also contact other online news reporters and let them know of this case.

More additional information:
I also received a note from You Tube today stating that it was Suhaila that asked for the video to be taken down. Also Vashti in our conversation wanted Isabella's dance removed and did not mention her son.

Here also is a link to the Code of Ethics adopted by the Society for Professional Journalists
www.spj.org/ethicscode.asp
GS embraces their policies as well as hundreds of other journalists.

We have taken your suggestions to heart and are attempting to remedy the situation. We will reedit the footage, removing footage of the children and may or maynot repost. Your further thoughts would be appreciated.

For those of you who missed seeing the video, this is the timeline breakdown of what it contained.

5 sec-Title page
7 sec- shot of audience before show starts, standing in front of audience where all can see camera-“Yes we are excited about this show, yeh!”
7 sec- Vashti’s welcome- Vashti is on stage holding the hand of her young son.
26 seconds- Gina dancing with band, pan to 4 out of 5 band members and back
14 seconds- Gina interacting with drummer, pan to audience reaction.
23 seconds- Sabriye’s opening number with veil work. Audience “squeals” with support and excitement
23 seconds- Sabriye responding to slow vocals in the music
44 seconds of Rashid dancing to Aziza with his signature moves.
17 seconds- the leader of band comes out to dramatic entrance music and then stops to tune violin
40 seconds- Violinist plays lovely cadenza before Suhaila enters
50 seconds- Suhaila is announced and enters with veil, circling stage and then begins her dance.
21 seconds Suhaila’s intimate taksim duet with violinist- works with stomach, arms, skirt, hair
32 seconds- more work with mainly torso and hair
41 seconds- Suhaila working to faster piece, encourages audience to clap and band to play faster
3 seconds- Isabella dancing barely off stage, eager to be on stage herself
26 seconds- Suhaila interacts with drummer arching her back over him
54 seconds- drum solo, Suhaila flirts with audience
53 seconds- Suhaila bows to audience and pan to show standing ovation from most of audience and transition to Isabella’s entrance
48 seconds- Isabella doing many of Suhaila’s signature moves but not at appropriate times in the music
49 seconds- Isabella’s drum solo, more signature moves, Isabella gets down on floor and up again, twirls her hair around her finger
5 seconds- still shot of Isabella and Suhaila throwing flowers back to audience

Thanks again,
Lynette