Hello to all of three people who have read this long, forgotten blog that went from fairly obscure to really, really obscure in the past couple years. We have a fourth reader.
That fourth reader is New York Post photographer Byron Smith!! I’m frankly a little flattered. I won’t show you his photo because he has implied he doesn’t like that too much.
Fair enough. I’m a reasonable person so I took the photo of him down. He requested that I take the photo of me in the purple dress down, than added that he has been awarded up to $20,000 in the past for copyright infringement.
WordPress wrote to me , however, and stated that they believe it falls under fair use. I believe WordPress on the matter, so I am keeping the photo of me up. Upon sharing the correspondence to many media, photography and legal professionals this morning I have been told that my use of this photo is a “textbook definition” of fair use:
“Under Sections 106, 106A, and 107 of the Copyright Act 1976, the Fair Use Clause of the Act permits the use of excerpts from news outlets, books, periodicals, live musical performances, blogs, social media, and public figures, and is protected by copyright statute that might otherwise be infringing.
“Allowance for fair use is made for purposes such as criticism, comment, comparison, satire/parody, news reporting, teaching, social/political/scientific awareness, scholarship, or research in which no copyright is intended or claimed by Confessions of a Bad, Ugly Singer.
NON-PROFIT, EDUCATIONAL OR PERSONAL USE TIPS THE BALANCE IN FAVOR OF FAIR USE.”
The truth is Byron Smith’s photo of me is paramount to telling my story. It is essential. He took dozens of photos of me in different outfits yet knew that he had “the one” when he had me pose on the stairs. For this reason, I believe he was acting in concert with the paper to craft the fictitious story of the girl who got sued for being “old and ugly”. It was 2014 at the time, this is just how women were treated on a daily basis by the media. Times are different now, but there is still a bit of a cultural hangover from those mid evil times, so it’s a story worth telling.
The treatment of my story falls under a vast umbrella: the constant non stop shaming of women in the media (Especially those who dare to sing over the age of 35) for simply existing. I believe that if my lawsuit had happened today in 2019, The NY Post would not have written the same story. I believe the story would have revolved around the two men, as it did in real life. I believe Byron would have treated me respectfully as a subject in 2019.
Byron Smith’s photo is essential to tell the full story.
Through telling my story honestly I seek to 1) criticize 2) comment 3) compare 4) teach 5) contribute to social awareness and detail why the birth of body positivity, age positivity and looks acceptance are so crucial to society.
I would like to invite Byron to share his own perspective on the matter publicly here on Confessions of a Bad, Ugly Singer. One of the things that kept me from going over the edge from the depression I endured at the hands of the lawsuit and The NY Post was this blog. Writing saved my life. All I could do was be honest about my story.
I would also like to invite Byron to contact the NY Post to take the four stories they wrote about me down and take the “purple dress photo” off their website. Yes the photos he took that had the caption “too old and ugly gal”, along with my full name under the photo… If that happens, I will take my photo down and we will call it a day.
I would like to invite the New York Post to write the REAL story regarding P!NK Tribute Gate and erase the old one. I would like to invite Byron Smith over to take a real photo of me that isn’t meant to serve a sensationalized and false headline.
You guys can do it, I have faith in you. Also, the last person who ended up threatening me with legal action when they had no grounds ended up paying $15,000 out of pocket because he wasted my time. Please don’t be like that guy.
I don’t really settle things quietly when I am within my legal rights, so I hope Byron will accept my challenge. Thanks for reading!