Metal Storm logo
Arch Enemy - Photographer Banned From All Future Performances Over Copyright Dispute


Edit: Arch Enemy's singer and Thunderball Clothing's Marta Gabriel have issues statements regarding this dispute.

Arch Enemy's current front-woman Alissa White-Gluz and former front-woman/current manager Angela Gossow are under fire from Metal Blast after they've chosen to ban Metal Blast's own J Salmeron from photographing all future performances of the band. The ban stems from a dispute with both White-Gluz and Gossow and the photographer who published a photograph of White-Gluz at Fortarock festival. Salmeron noticed that his photograph of White-Gluz was appropriated by the merchandise company Thunderball Clothing and used for marketing their products without his approval.



J Salmeron is a lawyer as well as a photographer and is no stranger to seeing photographer's works stolen by others on Instagram, and imposes a harsh fee of ?500 to companies who post his photographs without his authorization. He even contacted White-Gluz directly via Instagram regarding her re-posting of his photograph to ensure bootleggers aren't appropriating the photo to profit behind Arch Enemy's back:



Regardless, Salmeron was willing to forgo the steep penalty by allowing Thunderball Clothing to donate ?100 directly to the Dutch Cancer Foundation as recompense for stealing his photograph, even allowing them to continue to use the photo. Unbeknownst to Salmeron, Gossow responded directly to his request for a donation (and not Thunderball Clothing as initially interpreted by Salmeron) reminding him that photographers are often excited to be compensated through exposure: "[...] Arch Enemy loves to have a nice cooperation between photographers, fans and festivals, and sharing moments from the concert is a way to stay connected. Generally speaking, photographers appreciate having their work shown as much as possible and we are thankful for the great photos concert photographers provide. [...]"

Despite Salmeron's attempts at clarifying that in this case he was willing to forgo the high fee he normally charges in lieu of ?100 in donations to the Dutch Cancer Foundation, Gossow replied: "[...] We have immediately removed the picture you took at FortaRock. By the way, we are sure you don't mind that you are not welcome anymore to take pictures of Arch Enemy performances in the future, at festivals or solo performances. I have copied in the label reps and booking agent who will inform promoters - no band wants to have photographers on site who later send such threatening correspondence to monetise on their images. [...]"
After being threatened by Gossow, Salmeron attempted to reach out to White-Gluz directly to rectify any misunderstandings, and received a chilling response from White-Gluz:



Arch Enemy has yet to respond publicly to the accusations set forth by J Salmeron. This sets a scary precedent for photographers wishing to participate in festivals and performances by bands. What are your thoughts regarding Arch Enemy's reaction to Salermon's request to be compensated for his photography? You can see J Salmeron's abridged summary of the debacle below:



Source: metalblast.net
Band profile: Arch Enemy
Posted: 27.12.2018 by ScottyM


Comments

‹‹ Back to News
Comments: 38   Visited by: 319 users
27.12.2018 - 12:22
MyNameJeff
Drama alert!!!
Loading...
27.12.2018 - 13:37
Mercurial
They've also been deleting comments on their Facebook posts, because the Streisand effect is something they apparently don't believe in.
Loading...
27.12.2018 - 13:43
Risto
Wandering Midget
Bottom line here is it's an infringement of copyright, and Arch Enemy are responding to it in a disrespectful manner. Potentially it does the band way more harm than good because photographers will decide whose gigs they want to shoot.
Loading...
27.12.2018 - 13:56
RaduP
CertifiedHipster
staff
I'd say promoters should start paying this band in exposure. Hopefully the band won't start sending threatening emails afterwards since they should appreciate having their music heard as much as possible.
----
Do you think if the heart keeps on shrinking
One day there will be no heart at all?
Loading...
27.12.2018 - 14:59
Mountain King
K i K o
Irrelevant band to me.
Loading...
27.12.2018 - 15:26
Auntie Sahar
Drone Empress
elite
I just can't see this type of thing happening with anything but an enormous, extremely commercial mainstream band such as Arch Enemy. I'm sorry, and maybe I'm just being naive to reality or something, but it strikes me as a move that only a super popular band such as them would pull because they've let all the attention they receive turn them into completely arrogant, entitled jackasses.

You just can't tell me a band like Oranssi Pazuzu, or Bolzer, or even one with a bigger name attached to it like Triptykon would ever do something like this.
----
I am the Magician and the Exorcist. I am the axle of the wheel, and the cube in the circle. “Come unto me” is a foolish word: for it is I that go.

~ II. VII
Loading...
27.12.2018 - 18:02
IBlackened
Sometimes I really love the internet. People in the comments posting similar experiences with Angela Gossow. Seems like a massive cunt. Their way of dealing with this situation really matches the quality of their music. Bunch of fucking assholes.
----
Their old stuff is better.
Loading...
27.12.2018 - 19:03
ScottyM
Something that I didn't include in the news, as it's purely speculation, but to play devil's advocate here, throughout J Salmeron's entire correspondence with both Angela and Alissa, both members of the band keep insisting that he is trying to extort 100 500 Euros from them, and not the typical 500 that he would otherwise insist upon. This reeks of shady behavior from Thunderball Clothing. To speculate, I would not be surprised if the merch company forwarded his "demand" to the band, conveniently leaving out the fact that he was willing to accept a 100 Euro donation to the Dutch Cancer Foundation.

In no way does this excuse the immature response and lack of willingness to negotiate with the photographer from Arch Enemy's perspective (if anything, they should hopefully be reviewing their willingness to work with such a shady merch company), but it may shed some light on why they were so quick to take a defensive stance. Judging by how fervently they are removing comments from FB and other social media outlets, it may be dawning on them right about now how poorly they responded to this miscommunication.

EDIT: Sorry for the incorrect figure, instead of 100 Euros, you can clearly see in Alissa's message to Salmeron that she believed he was attempting to extort 500 Euros. My apologies for the mistake.
Loading...
27.12.2018 - 19:18
Lanthros
Seems to me if someone takes a picture of you, then you have equal right to the image as the photographer does. The photogrpher has a case but so does the band.
Loading...
27.12.2018 - 19:21
RaduP
CertifiedHipster
staff
Written by ScottyM on 27.12.2018 at 19:03

Something that I didn't include in the news, as it's purely speculation, but to play devil's advocate here, throughout J Salmeron's entire correspondence with both Angela and Alissa, both members of the band keep insisting that he is trying to extort 100 Euros from them, and not the typical 500 that he would otherwise insist upon. This reeks of shady behavior from Thunderball Clothing. To speculate, I would not be surprised if the merch company forwarded his "demand" to the band, conveniently leaving out the fact that he was willing to accept a 100 Euro donation to the Dutch Cancer Foundation.

In no way does this excuse the immature response and lack of willingness to negotiate with the photographer from Arch Enemy's perspective (if anything, they should hopefully be reviewing their willingness to work with such a shady merch company), but it may shed some light on why they were so quick to take a defensive stance. Judging by how fervently they are removing comments from FB and other social media outlets, it may be dawning on them right about now how poorly they responded to this miscommunication.

The convo with Alissa, she says that he asked for 500. The convo with Angela, she says that they do donate to charity but not when forced to. That kinda disproves that.
----
Do you think if the heart keeps on shrinking
One day there will be no heart at all?
Loading...
27.12.2018 - 19:29
ScottyM
Written by RaduP on 27.12.2018 at 19:21

Written by ScottyM on 27.12.2018 at 19:03

Something that I didn't include in the news, as it's purely speculation, but to play devil's advocate here, throughout J Salmeron's entire correspondence with both Angela and Alissa, both members of the band keep insisting that he is trying to extort 100 Euros from them, and not the typical 500 that he would otherwise insist upon. This reeks of shady behavior from Thunderball Clothing. To speculate, I would not be surprised if the merch company forwarded his "demand" to the band, conveniently leaving out the fact that he was willing to accept a 100 Euro donation to the Dutch Cancer Foundation.

In no way does this excuse the immature response and lack of willingness to negotiate with the photographer from Arch Enemy's perspective (if anything, they should hopefully be reviewing their willingness to work with such a shady merch company), but it may shed some light on why they were so quick to take a defensive stance. Judging by how fervently they are removing comments from FB and other social media outlets, it may be dawning on them right about now how poorly they responded to this miscommunication.

The convo with Alissa, she says that he asked for 500. The convo with Angela, she says that they do donate to charity but not when forced to. That kinda disproves that.


That's exactly my point. How convenient it would be for Angela and Alissa to receive an email from Thunderball clothing that says "I demand 500 Euros" and leaves out the latter half of the sentence that reads "but I'll make an exception for you and allow a 100 Euro donation to a Cancer foundation." They would only see the 500 Euro demand. Also notice Salmeron's direct correspondence with Alissa where he openly tries to correct the record and say he was willing to accept a 100 Euro donation was met with silence. I bet they're feeling like fools right about now. They've disabled comments on Instagram so far.

EDIT: Oh wait, I see how I misspoke there. The 100 Euro sum I originally posted about should have read 500 Euros. My bad. I misspoke there.
Loading...
27.12.2018 - 19:43
ScottyM
Written by Lanthros on 27.12.2018 at 19:18

Seems to me if someone takes a picture of you, then you have equal right to the image as the photographer does. The photogrpher has a case but so does the band.


That's not how copyrights work. If the photographer takes a photo, it is his property, the same way that if a band produces a (original) song, it is their song, or if an artist paints a portrait, it is his portrait. Others do not have the right to use copyright works they do not own without the express consent of the original artist (or in this case, the photographer). He has been lenient (read that as granted permission) with fans, and even Alissa using his photo on their social media accounts because why not, for the most part no one profits (except when they do, *cough*Thunderball Clothing*cough*), and it's a pretty badass picture. It's once someone uses someone else's art/creations that the original artist does not approve of, which most commonly is by profiting or misrepresentation, that they copyright holder can and should express his right to shut it down.

The unethical and questionable grey area is when bands/venues enforce the photographer to sign a waiver before being admitted into the event that "enforces" a bullshit rule that all photographs taken are property of the band/venue, and not the artist who took them. If it's a paid employee of the venue/band, that's one thing, but if it's a media outlet like Metal Blast, or even our beloved Metal Storm, under no circumstance should this be practiced as it removes representation from the media. That'd be like saying a band came to Metal Storm and sent them a cease and desist to remove an interview they did with a band because that interview is property of the band, and not Metal Storm. Working for exposure is bullshit, and frankly there is no logical explanation for why people should stand for it.
Loading...
27.12.2018 - 20:09
RaduP
CertifiedHipster
staff
----
Do you think if the heart keeps on shrinking
One day there will be no heart at all?
Loading...
27.12.2018 - 21:00
Ivor
Staff
staff
Written by Lanthros on 27.12.2018 at 19:18

Seems to me if someone takes a picture of you, then you have equal right to the image as the photographer does. The photogrpher has a case but so does the band.

They are a public figure. Allowing someone to shoot a gig is a kind of a release form, even if not in writing. The owner of the copyright is the photographer, or the media outlet that commissioned the photographer to shoot the gig (but that's a technicality between the photographer and the media outlet, and not the band). If someone were to ask you as a private citizen to pose for a photo that they'd want to publish, then they'd need to get a signed release from you.

I.
----
No friends for playing games
No foes who scorn my name
Computerized machines of steel and rust
/---/
No friends in my house on Mars
No foes in my house on Mars
I was born in my house on Mars
I will die in my house on Mars
-- Ayreon - My House on Mars
Loading...
27.12.2018 - 21:08
skelator
Band for secondary school kids, who cares.
----
Best Metal Albums of 2023: https://www.youtube.com/watch?v=M9jaZJRBeBw

Best Metal Demos: www.youtube.com/watch?v=2HtsgSQjV44
Loading...
27.12.2018 - 22:29
Lanthros
Written by ScottyM on 27.12.2018 at 19:43

Written by Lanthros on 27.12.2018 at 19:18

Seems to me if someone takes a picture of you, then you have equal right to the image as the photographer does. The photogrpher has a case but so does the band.


That's not how copyrights work. If the photographer takes a photo, it is his property, the same way that if a band produces a (original) song, it is their song, or if an artist paints a portrait, it is his portrait. Others do not have the right to use copyright works they do not own without the express consent of the original artist (or in this case, the photographer). He has been lenient (read that as granted permission) with fans, and even Alissa using his photo on their social media accounts because why not, for the most part no one profits (except when they do, *cough*Thunderball Clothing*cough*), and it's a pretty badass picture. It's once someone uses someone else's art/creations that the original artist does not approve of, which most commonly is by profiting or misrepresentation, that they copyright holder can and should express his right to shut it down.

The unethical and questionable grey area is when bands/venues enforce the photographer to sign a waiver before being admitted into the event that "enforces" a bullshit rule that all photographs taken are property of the band/venue, and not the artist who took them. If it's a paid employee of the venue/band, that's one thing, but if it's a media outlet like Metal Blast, or even our beloved Metal Storm, under no circumstance should this be practiced as it removes representation from the media. That'd be like saying a band came to Metal Storm and sent them a cease and desist to remove an interview they did with a band because that interview is property of the band, and not Metal Storm. Working for exposure is bullshit, and frankly there is no logical explanation for why people should stand for it.

Its obvious you have no idea how IP publishing actually works.
Loading...
27.12.2018 - 22:44
carltonh
A big part of it seems to be that Alissa is just not an attentive person. She skimmed the email and so misunderstood the 500 Euro comment, then wouldn't listen or comprehend her own misunderstanding when clearly pointed out. This is not the first time. In her conflict with The Agonist, it was clear that the response written for The Agonist was very intelligent and excessively polite, just like this photographer, all going way over Alissa's head.
Loading...
28.12.2018 - 00:28
kaskadian
Story would be much more interesting if it involved porn videos featuring Alissa.
Just sayin...
Loading...
28.12.2018 - 01:13
RaduP
CertifiedHipster
staff
Should I mail them and ask them not to use my photos without permission in case I ever photograph them?
----
Do you think if the heart keeps on shrinking
One day there will be no heart at all?
Loading...
28.12.2018 - 01:27
IBlackened
Written by carltonh on 27.12.2018 at 22:44

A big part of it seems to be that Alissa is just not an attentive person. She skimmed the email and so misunderstood the 500 Euro comment, then wouldn't listen or comprehend her own misunderstanding when clearly pointed out. This is not the first time. In her conflict with The Agonist, it was clear that the response written for The Agonist was very intelligent and excessively polite, just like this photographer, all going way over Alissa's head.

After reading the story with her past band, I can't believe her. She seems like a dishonest piece of shit.
----
Their old stuff is better.
Loading...
28.12.2018 - 06:32
WorpeX
Made of Metal
Meh, who cares. There are so many photographers in the world that if Arch Enemy doesn't want one at their gig there will be hundreds more lining up to take his place. Their reasoning shouldn't even matter. Maybe the dude just rubs them the wrong way, who gives a shit. They don't want this dude taking pictures of them and now he wont be.
Loading...
28.12.2018 - 14:17
tominator
At best deranged
contributor
I get that someone can be proud of their work but showing pictures where someone wears your products basically is advertising. So the photographer had all the right to ask for compensation. Actually really nice of him to give the option to donate to a charity.

I do photography as a hobby and have done 2 shoots that were intended for commercial use. One was for the family company of my uncle so that was of course for free (even though my uncle wanted to pay me because he knew it was for commercial use). And one for a restaurant where a friend of mine works. They paid me to use the photos on Facebook. So they could promote their restaurant.

Anyway, this whole situation is very unfortunate. This just shows not a lot of respect for the photographer. He took an excellent photo. The company that provided Alissa's clothes makes a post with it. That makes it immediately a commercial post whether that was the intention or not (almost 100% sure though that it was). Hence the person that took the photo should be compensated for his work.

It's not about the person on the photo here. I mean the photographer was there, had the permission to take photos of the people on stage and posted the photo (with permission) on Instagram.

A company takes the photo and uses it to promote their clothing. Without the permission of the photographer. That's the important part here. Sure the company might have had the permission from the band to use a picture with Alissa wearing their clothes but they didn't ask permission to the person that actually made the photo. There is an extra person you have to ask permission to. Not just the band.

I don't know what Arch Enemy is thinking but it's quite hyopcritical to demand photographers to ask permission for taking photos. And then claiming a photographer can't ask compensation for his work when someone tries to use it for commercial purposes... If the photographer has to ask the permission of the band then why wouldn't the company have to ask for permission from the photographer.
Loading...
28.12.2018 - 19:54
nikarg
staff
I'm reading comments on the band's FB such as "now you can illegally download their music for free without feeling guilty" and I'm thinking that I wouldn't download and listen to their music even if they paid me to.
Loading...
28.12.2018 - 22:00
Any email address that i can send an email to? just for fun. will send them torrent links, youtube audio links and mp3 download links of their songs, and tell them I don't even feel bad about it. I'll also tell them i'll share these links on facebook in order to promote the band, so they better have a hefty cheque ready for me.

way to spend the weekend.
Loading...
28.12.2018 - 22:18
nikarg
staff
Written by The Melting Snow on 28.12.2018 at 22:00

Any email address that i can send an email to? just for fun. will send them torrent links, youtube audio links and mp3 download links of their songs, and tell them I don't even feel bad about it. I'll also tell them i'll share these links on facebook in order to promote the band, so they better have a hefty cheque ready for me.

way to spend the weekend.

All the email addresses (for band contact, press contact, booking agents, etc.) are here

Knock yourself out
Loading...
29.12.2018 - 03:09
BitterCOld
The Ancient One
admin
Written by WorpeX on 28.12.2018 at 06:32

Meh, who cares. There are so many photographers in the world that if Arch Enemy doesn't want one at their gig there will be hundreds more lining up to take his place. Their reasoning shouldn't even matter. Maybe the dude just rubs them the wrong way, who gives a shit. They don't want this dude taking pictures of them and now he wont be.



Or it is about an artist that wants you to fork over money for their art, but wants to deny another artist money for their work... and wants people to instead provide art for free. The stench of hypocrisy is overwhelming.
----
get the fuck off my lawn.

Beer Bug Virus Spotify Playlist crafted by Nikarg and I. Feel free to tune in and add some pertinent metal tunes!
Loading...
29.12.2018 - 10:01
ScottyM
Written by Lanthros on 27.12.2018 at 22:29

Written by ScottyM on 27.12.2018 at 19:43

Written by Lanthros on 27.12.2018 at 19:18

Seems to me if someone takes a picture of you, then you have equal right to the image as the photographer does. The photogrpher has a case but so does the band.


That's not how copyrights work. If the photographer takes a photo, it is his property, the same way that if a band produces a (original) song, it is their song, or if an artist paints a portrait, it is his portrait. Others do not have the right to use copyright works they do not own without the express consent of the original artist (or in this case, the photographer). He has been lenient (read that as granted permission) with fans, and even Alissa using his photo on their social media accounts because why not, for the most part no one profits (except when they do, *cough*Thunderball Clothing*cough*), and it's a pretty badass picture. It's once someone uses someone else's art/creations that the original artist does not approve of, which most commonly is by profiting or misrepresentation, that they copyright holder can and should express his right to shut it down.

The unethical and questionable grey area is when bands/venues enforce the photographer to sign a waiver before being admitted into the event that "enforces" a bullshit rule that all photographs taken are property of the band/venue, and not the artist who took them. If it's a paid employee of the venue/band, that's one thing, but if it's a media outlet like Metal Blast, or even our beloved Metal Storm, under no circumstance should this be practiced as it removes representation from the media. That'd be like saying a band came to Metal Storm and sent them a cease and desist to remove an interview they did with a band because that interview is property of the band, and not Metal Storm. Working for exposure is bullshit, and frankly there is no logical explanation for why people should stand for it.

Its obvious you have no idea how IP publishing actually works.


By starting off your previous statement with "Seems to me [...]", you can hopefully understand my skepticism in your reply. Please elaborate.
Loading...
29.12.2018 - 10:11
ScottyM
Written by Irritable Ted on 28.12.2018 at 00:30

Can't see how the band can come out of this except giving an apology. I hope it is a misunderstanding otherwise they come out looking like complete asshats.


GREAT NEWS!!!

Alissa responded exactly as long-time followers of her expected she would, by dramatically, and depressingly ignoring the 100 Euro compromise that was offered to keep using J Salmeron's photo. I won't quote the long-winded response here, but she continues with the narrative that Salmeron tried to extort 500 Euros from them. I usually prefer to dislike bands because I just don't click with the music they produce anymore, but even if Arch Enemy were to put out what I thought of as a good album, I'd still have this lingering reminder of how immature, unprofessional, and ignorant Alissa is. The band would have to blow my mind musically to make me overlook that extremely unattractive habit she's clung to for far too long.
Loading...
29.12.2018 - 11:31
Bad English
Tage Westerlund
That band is most selling melodic dm band, big kabel needs them more as they need them, so they can mess whit it
----
I stand whit Ukraine and Israel. They have right to defend own citizens.

Stormtroopers of Death - ''Speak English or Die''
apos;'
[image]
I better die, because I never will learn speek english, so I choose dieing
Loading...
29.12.2018 - 11:47
qlacs
"The Quaker"
Whatever the truth is, it's the least professional response from AE to such situation. You'd think after decades of being in the business they know how to handle something like this...
----
Loading...

Hits total: 12003 | This month: 15