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Janet Jackson is making life difficult for fans on Instagram

Update, 3:30 p.m.: Jackson's publicist has informed us that her team is working on amending the current release form after consulting with some members of the media. Jackson herself, meanwhile, has tweeted a message responding directly to the Instagram situation, in which a number of fans had their accounts removed:

"Hey you guys, I have been listening," her statement reads. "I love and appreciate my fans. I want you to know that I enjoy watching the short video clips of how you are Burning It Up at the Unbreakable shows. Please keep posting them.

"My team is passionate about protecting the intellectual property we are creating for the tour and possible future projects. It was never their intention, acting on my behalf, to have social media accounts removed. Permitting the use of long clips does present a contractual problem for these projects. I hope you understand. I trust the fans will use their short recordings for their own memories and to share on their social media networks of choice.

I have asked my team to change their approach and allow you to engage socially with these videos.

I know I wouldn't be here without the love I stand on."

 

Previous story:

Unbreakable? More like unphotographable.

On her current tour in support of Unbreakable,” her latest album, Janet Jackson is evidently not fond of being photographed. While the aversion to having her likeness captured is not necessarily something new for her, it’s manifesting itself in a more assertive manner on this tour, which is slated to make a stop at Las Vegas Arena on Saturday, May 14.

In addition to requiring photographers to meet certain restrictions in order to be granted access to shoot her shows, the pop star is now apparently zeroing in on fans filming her show on their phones and then sharing the clips on social media. According to TMZ, a number of fans had their Instagram accounts removed entirely over claims of copyright violations this week. Although those measures were spurred by repeated instances of alleged infringement, as a spokesperson for the company subsequently clarified, the actions nonetheless seem heavy-handed.

Lest fans feel singled out, this prohibition also extends to professional photographers. Earlier this month, when Jackson’s tour came to New Orleans, The Times-Picayune explained the absence of images in its post-coverage by noting how it’s becoming more routine for acts to limit access these days. “But Jackson's release, allowing less than one minute of access and granting the performer control of the images we shoot, is among the most restrictive we have ever seen,” the piece pointed out.

According to a copy of a photo agreement that’s posted online at PetaPixel.com, prospective photographers are being presented with contract in which they're required to assign all copyrights to Juggernaut Productions Inc., a company that lists Jackson as a principal, in exchange for being allowed to shoot the first 30 seconds of her set.

The agreement also requires photographers to submit a complete set of proofs for single publication approval, in addition to considering their efforts work-for hire, which prevents the publication from profiting from any reproduction, but yet provides Juggernaut with rights to "use or exploit the Photographs in any manner” it sees fit, as the contract reads, be it "personal, commercial and/or archival use."

As the Times-Picayune accurately noted, it’s indeed not unusual for artists to make efforts to manage the way they are presented in public. At iHeartRadio Music Festival last month, a Review-Journal photographer was escorted out of the arena during a six-song set performed by the Killers, and at Life is Beautiful the following weekend, he was presented with the prospect of photographing just a few fleeting moments of Stevie Wonder’s set.

So Jackson’s restrictions aren’t unique, nor do they even appear to break with past conventions from her previous outings. There’s a similarly worded contract posted online from Jackson’s 2011 tour that likewise limited access and sought copyright provisions, only this version actually allowed photographers to capture stills from the first three songs, rather than the first 30 seconds.

At Rock In Rio this past spring, when the Review-Journal applied for photo credentials, a release form was required to be signed in order to be granted access to shoot Taylor Swift’s set, a scenario that caused a stir with other members of the media who were asked to consent to the same contract on Swift’s subsequent dates. Like this publication, a number of other outlets across the country declined to sign the agreement.

The National Press Photographers Association, noting how the restrictions were “onerous and overreaching” and how “one of Swift’s early contract agreement actually allowed Swift’s security people to take away cameras and delete images,” ended up meeting with Swift’s representatives about revising the requisites and successfully arrived at an amended agreement.

Posting the revised terms, the association praised Swift and her team for coming to a more agreeable arrangement, particularly since the singer-songwriter had just taken Apple to task over matters of inequity. 

"Ms. Swift should be commended for showing by example her concern not only for the rights of musicians but for the rights of the photographers and organizations that cover her concerts," said Mickey H. Osterreicher, an attorney representing the NPPA.

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