Sunday, 19 June 2016

Copyright Clarifications

From time to time I check in on this forum because I will receive an email from a fan with a link to posts they made promoting My work. But sometimes I receive messages of distress from fans who want Me to be aware of what is going on in this community in My absence.

I checked in today to find a whole lot of bullshit and misrepresentation:

- Forum members claiming to have received DMCA and take-down notices from Me.

- Others claiming I was directly responsible for cancellation of their file hosting accounts.

- A post made by someone impersonating Me issuing a blanket threat of legal action.

- Claims from forum members that I had emailed them (of course no screen caps of this) demanding tribute for downloaded content.

- A whole lot of confusion regarding the licensing of My previously free content.

- Rumors that I sold My brand and content to someone else. (patently absurd, countless fans can verify that I am still Me hands firmly on the wheel of My own ship. I do Skype sessions with the camera on, after all.)

Today I made a post there and am sharing it in its entirety here to authenticate that these are in fact My words. I feel this verification is necessary because at least one responder on this forum has pretended to be Me, issuing opinions and threats that I do not support or appreciate. I have never authorized anyone to post and sign off as Me, EVER. I do not have a staff, I run this show on My own and with the full support of My husband (who, respectfully does not process My correspondence either).

The post I made today is only the second I have ever made there. The previous post I made was to share a link to one of My later pay sessions that people were having difficulty downloading from a faulty torrent link. I had hoped that My participation in a conversation about content distribution would make it transparent that I have a complex and nuanced attitude regarding unauthorized content distribution. Let Me clarify here that any of My content acquired via creative commons distribution will be honored as such. I maintain a legal right to appropriate attribution of My content, whether distributed in its original form or as part of a derivative work. I welcome fans to remix, sample or in other ways incorporate My work into their own creations. Some of you who were there when I first stepped onto this scene may remember when I shared a link to a particular trance song a DJ friend produced which featured samples of My work and voice. I would love to see more! As a point of policy, I don't issue DMCAs or authorize others to do so on My behalf.

This is where I agree to disagree with almost every one of My respected peers. My philosophy recognizes that people who "pirate" a given content are participating in growing a brand in an unconventional way and that I benefit from their actions even if not monetarily.

Yes, My work is now for sale on KinkBomb. I was approached by a FemDom idol of Mine who invited Me to join and I did. I was encouraged to upload content regularly in order to reach a new audience. Not every person who wanted to own My entire Syllabus was interested in tracking old work down via torrents or Soundcloud. KinkBomb has allowed Me to greatly simplify content distribution and management in a way that frees up a lot of time to create new content, interact with fans and support the community as a whole. 

Can I just say how incredible it feels to by a primarily audio mp3 producer thriving on a platform mostly oriented around video?!?! This is not just My doing, this is My fanbase. They support Me, they enjoy My success, they promote Me and they mean the world to Me. 

Bottom line, I enjoy producing content for adults, and I feel good about My works being hosted on a site that takes care to ensure that content consumers are adults. Oh, and getting paid is nice, too, but a straight-forward payment system that I don't have to micromanage Myself is AWESOME. People just do not know how much work I had to personally put into the back end when I began creating content for pay. One site I had tried to use for fans requesting custom sessions ended up creating more problems than it solved, including but not limited to: delay in upload, failed transfers to content purchasers, time and file size limits, delay in payment and content restrictions. I am in Canada, not the US, where the majority of My fans live, and there are limited options.

Let's be frank. The financial sector is not a friend to people who produce work like Mine. I am delighted to have found a platform where I feel neither My fans nor Myself are being punished or exploited.

As culture and technology continue to evolve, I will always be looking for a way of getting My work into the hands of fans as smoothly as possible in a way that lets Me focus on doing what I love. Guess what I am going to do right after I hit the publish button on this blog post... Record a new session.



"Hello all,
Ellechemy here, for real, with a few words about some of this controversy. Some... not all.
I know that some of My files that were once free have been moved "behind a paywall" and it has caused much debate. I used to torrent My own work, so it does not bother Me at all that these files and even new ones are available to you. Enough listeners do pay Me for My creations and it finances the making of more sessions.
I never threatened to sue anyone. Ever. Litigation is anethema to My creative process. Anyone claiming to be Me and threatening to sue is likely a well-intended fan or fellow content provider who does not understand My philosophy regarding content distribution.
While I no longer directly provide My content free of charge, I have not and never will persue legal action for unauthorized distribution so long as the content is appropriately tributed.
I will mention that I have encountered My content for sale by unauthorized third parties. In these cases, I have contacted the seller and platform provider and requested it be removed.
I stridently object to a content creator's work being stolen in this manner. However, free peer-to-peer distribution does not concern Me.
Should there be any ambiguity on My stance regarding "piracy", I would refer curious parties to My blog, where I have commented on this subject in the past. Again, I can assure you that I have not EVER written or authorized a threat of legal action for unauthorized peer-to-peer distribution of My work, and as I administrate My own domains, any claim to the contrary is either erroneous or fraudulent.
Thank you for your continued interest in My work.

~ Ellechemy"

I responded to someone's specific questions regarding DMCA's in a second post in this forum and am re-posting it here and in full (with spelling errors corrected) to authenticate that it is in fact My words.

"Neither I nor any party representing Me has issued a DMCA ever. The first I heard of any of this was when someone alerted Me to the fact that someone in this thread was impersonating Me and issuing threats in My name.
I had nothing to do with the closure of the giga account. 
Further, I would invite anyone claiming that they have received legal notice from Me to CAREFULLY check the email headers as I have not engaged in such action.
At this time I cannot imagine a scenario where I would issue a DMCA notice, barring third party, for-profit sales of My work (ie: someone not Me selling My files without My permission). I imagine we can all agree that is reasonable: someone else selling My work, pretending to be Me is a situation where a C&D would be appropriate. The individual fan sharing My work with other fans, with no money changing hands, is a situation I don't feel requires My intervention. 
I think this pretty well covers it, and I hope this issue can finally, if not belatedly, be put to bed. 
I would remind you all that I do not check in here except maybe once or twice a year and that this is not the place to write to Me. Please regard any poster that claims to be Me with suspicion unless their comments are mirrored on a platform I control such as My blog or website, such as above.


1 comment:

  1. Typo alert: Can I just say how incredible it feels to 'by' a ...
    Maybe You intended 'be'.

    Are you overstressed these days ? Never seen or expected a typo from someone like You :)