Hypocrisy: Or Part 2 of Why I Am Leaving SG

My departure has been a long time coming, and it is because of the people I've met on SG that's it's taken me so long to follow through on my decision. I would like to thank everyone whom I've met on this site who has been kind & supportive, who has purchased prints of my work, appreciated my writing, gave various "advices" (as Arnold would say), and just been generally all-round awesome. I will miss you, and the community in general, muchly.

I would also like to thank those models, photogs, assistants, stylists, DPs, art directors, &c. who have taught me so much and whose work I admire and respect.

You can always contact me.

With that in mind I would like to turn your attention to, Fence Magazine, a well-known avant-garde literary magazine that once used image from SG as their cover. This turned out to be one of their least successful issues (indeed it generated heaps of hate mail) which promted this reply from one of the editors. In it he writes:

[t]he initial attraction to the Suicide Girls "brand" was their mission to respectfully portray women as they wanted to be presented. As Missy (one of the founders of Suicide Girls) wrote: "There are no men in their pictorials, no violence toward women, etc. The site is about celebrating strong, independent women and their sensual sides." Fair enough. To clarify: Fence is in no way affiliated with SG Services, Inc. Because of Fence's non-involvement with SG Services, Inc., Fence will not comment on the accusations posted on the Internet concerning the owner's political affiliations or management's treatment of its models. With that said, Fence believes that corporate business practices that propagate the exploitation of human beings suck ass.

His initial attraction was the same as mine. That said, judging from the remainder of that paragraph, I would guess that he later felt somewhat the same as I do now.

Before I go into that however, I will reprint salient points from the photogs' contract, the models' contract, and Terms of Service. Please pop if this is old hat to you. By no means am I claiming that those who signed these agreements did not understand them, nor should have signed them. I am clarifiying that I understood them and that, ultimately, why I do or do not think they are valid.

Photographers Creative Services Agreement

To summarize:

1. The photographer "sells, assigns, transfers and conveys" "from the moment of creation" the "Materials* to SG throughout the world."
2. The Photographer, for the term of the contract and two years afterwards, will not work, smile at, or think about an SG competitor.
3. The Photographer will not try to get anyone to quit working for SG.
4. "During the Term and for two (2) years after the Term, [Photographer] agrees not to disparage SG in any manner."

Full Relevant Text

4. INTELLECTUAL PROPERTY. All Materials have been specially ordered and
commissioned by SG, are works-made-for-hire from the moment of creation, and are and shall be the sole and exclusive property of SG. Without reservation or limitation, Consultant (and its employees and agents, if any), hereby sells, assigns, transfers and conveys the Materials to SG, exclusively, irrevocably, and perpetually, together with all rights, title, and interest in and to the Materials throughout the world, including without limitation, the right to enforce its rights in and to secure registrations, renewals, reissues, and extensions thereof. No rights of any kind are reserved to or by Consultant or shall revert to Consultant who expressly waives any rights of attribution or integrity, provided that Consultant may use mutually agreed upon Materials for non-commercial portfolio usage. Consultant agrees to obtain all appropriate releases and assignments necessary to convey to SG the rights described in this Section, including but not limited to, releases and assignments from its employees and agents (if any). Consultant shall deliver to SG all original Materials, together with all copies of the Materials, including all proofs, negatives and other documents, information and elements of production, in any form and in any media, comprising or used to create the Materials. Consultant further agrees to execute any documents and perform any acts requested by SG to effectuate the terms of this Agreement. As used in this Agreement, "Materials" means, in any format (e.g., paper or electronic), all photographs (including corresponding negatives or other component parts), film, video, audio, text, Internet content, elements, designs, sketches, creations, documents, tangible or intangible property, deliverables or other intellectual property (including but not limited to copyrights and trademarks) created under this Agreement, whether or not delivered to SG. Consultant also grants SG a worldwide, perpetual, royalty-free, irrevocable, fully paid up right and license to use Consultant's name in connection with any Materials.

8. NON-COMPETITION. Consultant agrees that during the Term, and for two (2) years after the termination of this Agreement, Consultant will not directly or indirectly: (i) (a) provide the same, similar or competitive services to those provided to SG under this Agreement to any "SG Competitor", or (b) sell or otherwise provide Internet, photographic, video, film, audio, text or other creative content to any "SG Competitor"; or (ii) own, manage, operate, join, control, finance or participate in the ownership, management, operation, control or financing of, or be connected as an officer, director, employee, partner, member, principal, agent, representative, consultant or otherwise, to any "SG Competitor". "SG Competitor" means any person, entity or organization other than SG that competes with SG, including but not limited to any person, entity or organization that creates, develops, manufactures, produces, distributes, markets, licenses or sells events, products or services that compete with SG.
9. NON-SOLICITATION. Consultant agrees that during the Term, and for two (2) years after the termination of this Agreement, Consultant will not hire (as an employee, agent or consultant) any employee of SG or directly or indirectly persuade any employee of SG to discontinue employment with SG or to become involved with any business which is a SG Competitor, nor seek to persuade any independent contractor to discontinue such contractor's relationship with SG nor will Consultant assist anyone else to engage in any of the foregoing.
10. MISCELLANEOUS. Consultant's performance of the Services is in Consultant's capacity
as an independent contractor and nothing contained in this Agreement shall be construed to
establish an employer/employee, partnership, agency or a joint venture relationship between
Consultant and SG. Consultant shall acquire no right to use, and shall not use without SG's
express prior written consent, any SG intellectual property. During the Term and for two (2) years after the Term, Consultant agrees not to disparage SG in any manner. This Agreement shall be governed by and construed under the laws of the State of Oregon and the parties hereby consent to the exclusive jurisdiction and venue in the courts sitting in Portland, Oregon. This Agreement is personal to Consultant and may not be assigned by Consultant or the duties hereunder delegated. This document contains the entire agreement of the parties regarding the subject matter described herein, and all other promises, representations, understandings, arrangements and prior agreements related thereto are merged herein and superseded hereby provided that Consultant agrees that all content created under or used by SG pursuant to a pre existing agreement between the parties shall be governed by the terms and conditions of this Agreement.

Photographer Intellectual Property Contract:

1. The photographer's thoughts, before I knew about SG and after, are property of SG.
"I also agree and acknowledge that (i) any and all discoveries, inventions, improvements, innovations, systems, techniques, ideas, processes, programs, or work, whether patentable or unpatentable, which I conceive, develop, create, or reduce to practice while employed by SG or in the course of performing my duties as an independent contractor of SG (as applicable) (whether before or after the date of this Agreement) and which: (a) relate to or arise out of my employment responsibilities or independent contractor duties (as applicable), or through use of SG time, materials, facilities or equipment, or (b) which result from research, development, or other activities of SG, or (c) which pertain in any manner to the business or products of SG, are and shall remain the sole and exclusive property of SG, and (ii) I will upon request by SG, and without further compensation, do all lawful things reasonably necessary to secure and perfect SG's ownership therein, including without limitation, executing any assignments, patent applications, or other documents as may be requested by SG. I further agree to disclose to SG all such employment-related or independent contractor-related discoveries as described in the preceding sentence."

Models' Contract

1. The Model sells SG her photographs and her "likeness." ".SG shall have the right to:
(x) transform, edit, alter, distort, modify, add to, subtract from or enhance the Model Likeness; (y) use the Model Likeness clothed, semi-clothed or nude; and (z) transform, edit, alter, distort, modify, add to, subtract from or enhance the Model Likeness that is clothed, semi-clothed or nude to appear (or make it appear) that the Model Likeness is clothed, semi-clothed or nude. As used in this Agreement, "Model Likeness" means (whether digital or otherwise) Model's name, nickname, persona, character or characterization, initials, logo, slogan or catch phrase, autograph, facsimile signature, voice, photograph, film, video or new media portrayal, actual, simulated or drawn likeness, image, biographical or historical information, any material provided by or statement made (whether oral or written) by Model, physical attributes including but not limited to body art and tattoos, and any other means of endorsement used or usable by Model."
2. The model's thoughts, before I knew about SG and after, are property of SG.
3. The Model, for the term of the contract and two years afterwards, will not work, smile at, or think about an SG competitor.
4. The Model will not try to get anyone to quit working for SG.
5. "During the Term and for two (2) years after the Term, Model agrees not to disparage SG in any manner."

4. GRANT OF RIGHTS & RELEASE. Model hereby grants to SG, its affiliates, agents, successors, licensees and assigns, a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of the "Model Likeness" (alone or in connection with others and in and in connection with any media, now known or hereafter created) throughout the universe: (i) in and in connection with or relation to the development, manufacturing, marketing, advertisement, licensing, sale, distribution and promotion of any SG events, products/merchandise, services or brands; and (ii) to develop, manufacture, market, advertise, distribute, license, sell, promote and commercially or non-commercially exploit any SG events, products/merchandise and services that include the Model Likeness. SG shall have the right to: (x) transform, edit, alter, distort, modify, add to, subtract from or enhance the Model Likeness; (y) use the Model Likeness clothed, semi-clothed or nude; and (z) transform, edit, alter, distort, modify, add to, subtract from or enhance the Model Likeness that is clothed, semi-clothed or nude to appear (or make it appear) that the Model Likeness is clothed, semi-clothed or nude. As used in this Agreement, "Model Likeness" means (whether digital or otherwise) Model's name, nickname, persona, character or characterization, initials, logo, slogan or catch phrase, autograph, facsimile signature, voice, photograph, film, video or new media portrayal, actual, simulated or drawn likeness, image, biographical or historical information, any material provided by or statement made (whether oral or written) by Model, physical attributes including but not limited to body art and tattoos, and any other means of endorsement used or usable by Model. Model agrees that Model will have no right to approve any use of the Model Likeness. Model hereby releases SG, its affiliates, agents, successors, licensees and assigns from any and all claims and demands that Model may have now or at any time arising from the performance of the Services or the use of the Model Likeness, including but not limited to claims for personal injury or death, invasion of privacy, defamation, right of publicity or infliction of emotional distress and agrees to indemnify and hold SG, its affiliates, agents, successors, licensees and assigns harmless from all claims arising out of or related to this Agreement, including claims related to SG, its affiliates, agents, successors, licensees and assigns. Further, Model agrees that no third party has or shall have any right of approval over the use of the Model Likeness or will be due any amounts from the use of the Model Likeness.
5. INTELLECTUAL PROPERTY. All Materials have been specially ordered and commissioned by SG, are works-made-for-hire from the moment of creation, and are and shall be the sole and exclusive property of SG. Without reservation or limitation, Model hereby sells, assigns, transfers and conveys the Materials to SG, exclusively, irrevocably, and perpetually, together with all rights, title, and interest in and to the Materials throughout the world, including without limitation, the right to enforce its rights in and to secure registrations, renewals, reissues, and extensions thereof. No rights of any kind are reserved to or by Model or shall revert to Model who expressly waives any rights of attribution or integrity. Model further agrees to execute any documents and perform any acts requested by SG to effectuate the terms of this Agreement. As used in this Agreement, "Materials" means, in any format (e.g., paper or electronic), all photographs (including corresponding negatives or other component parts), film, video, audio, text, statements, Internet content, elements, designs, sketches, creations, documents, tangible or intangible property, deliverables or other intellectual property (including but not limited to copyrights and trademarks) created in connection with or under this Agreement, whether or not delivered to SG.
8. NON-COMPETITION. Model agrees that during the Term, and for two (2) years after the expiration or termination of this Agreement, Model will not directly or indirectly: (i) (a) model for any "SG Competitor", (b) be filmed by or for any "SG Competitor", or (c) be photographed by or for any "SG Competitor"; (ii) grant any "SG Competitor" any right or license to use the Model Likeness or permit any "SG Competitor" to use the Model Likeness; (iii) provide the same, similar or competitive services to those provided to SG under this Agreement to any "SG Competitor", (iv) sell or otherwise provide Internet, photographic, video, film, audio, text or other creative content to any "SG Competitor"; or (v) own, manage, operate, join, control, finance or participate in the ownership, management, operation, control or financing of, or be connected as an officer, director, employee, partner, member, principal, agent, representative, model or otherwise, to any "SG Competitor". "SG Competitor" means any person, entity or organization that competes with SG, including but not limited to any person, entity or organization that creates, develops, manufactures, produces, distributes, markets, licenses or sells events, products or services that compete with SG.
9. NON-SOLICITATION. Model agrees that during the Term, and for two (2) years after the expiration or termination of this Agreement, Model will not hire (as an employee, agent, or consultant) any employee, advisor or consultant of SG or directly or indirectly seek to persuade any employee, advisor or consultant of SG to discontinue his or her relationship with SG or to become involved with any business which is a SG Competitor, nor will Model assist anyone else to engage in any of the foregoing.
10. CONFIDENTIALITY. Without prior written consent of SG, except to the extent required by an order of a court having competent jurisdiction, or under subpoena from a governmental body or agency, Model shall not disclose any trade secrets, proprietary information, customer lists, information regarding product development, marketing plans, financial records, or other financial, commercial, business, or technical information or records relating to SG, including but not limited to the terms of this Agreement (collectively, "Confidential Information"), to any third person, unless such Confidential Information has been previously disclosed to the public by SG or is in the public domain (other than by reason of Model's breach of this Agreement or by a third party's violation of its obligation of confidentiality).
11. MISCELLANEOUS. Model's performance of the Services is in Model's capacity as an
independent contractor and nothing contained in this Agreement shall be construed to establish an
employer/employee, partnership, agency or a joint venture relationship between Model and SG. Model shall acquire no right to use, and shall not use without SG's express prior written consent, any SG intellectual property. During the Term and for two (2) years after the Term, Model agrees not to disparage SG in any manner.

Terms of Service

While SG does not own everything a user or subscriber writes, posts, links to, or in any way makes avaiable to SG, the use does grant "to SuicideGirls a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works."

"Except as otherwise provided by separate agreement between a User and SuicideGirls, SuicideGirls does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In it sole discretion, SuicideGirls may condition Site display of User Transmitted Content upon such User becoming a Subscriber.

Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to SuicideGirls a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.

User represents and warrant that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, SuicideGirls has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content."Clearly, I am bound by the TOS; this is why I deleted all my previous posts and photographs. I have also signed the photogs' contract and the models' contract. However, according to US contract law, a contract is only valid if there is consideration**. Basically, each party must promise to do or give something to the other party.

In the case of the photogs' contract, I gave them photos, they gave me nothing. Despite what SG legal (Mr. Paul Loving) says, there is no consideration and the contract is voidable.

In the case of the models' contract, as everyone knows, if a set is not accept the model is still given a free one-year membership. However, as this is not in the contract and happens after the contract has been signed this is considered past consideration, which is no consideration. As such, again, despite what Mr. Paul Loving says, there is no consideration and the contract is voidable.

As Mr. Paul Loving disagrees (inquire for e-mail correspondence) with my assessment of the validity of these contracts, this results in statements like the one the Fence Magazine editor made:

Fence is in no way affiliated with SG Services, Inc. Because of Fence's non-involvement with SG Services, Inc., Fence will not comment on the accusations posted on the Internet concerning the owner's political affiliations or management's treatment of its models. With that said, Fence believes that corporate business practices that propagate the exploitation of human beings suck ass.

That last sentence is the reason I am leaving SG. While SG has promoted itself as a site which is "celebrating strong, independent women and their sensual sides." In practice the "strong," "independent" celebration mimics the behaviour of a high school clique one may find in such films as Heathers or the more recent Pretty Persuasion.

Now, because Mr. Paul Loving and I disagree on the matter of consideration, I have to note that this is not a negative thing. I quite enjoyed both Heathers and Pretty Persuasion.

I also think that when SG sold images of SGs who had left the site (perhaps not on the best of quiet terms) that it was really, really "strong" and positive to celebrate the departure of these "independent women and their sensual sides" by propagating their images all over the Internet (which is completely legal). I know former co-owner Olivia would be surprised, but I fine it joyous that instead of only being able to see images of my favourite women on SG, I can now see them on sites such as http://www.indiegirls.com/, http://mypunkrockgirlfriend.com/, and http://gothtease.com/. I can easily click for instant access! What could be better? Well, in the past, I could buy large numbers of images for a small price***. But still, I love knowing that their images are accompanied by such amazingly respectful and celebratory text as:

Hot slutty pale skinny girls that look to have clawed their way out of hell and fresh from the grave. Wicked sexy succubus capturing your soul in her seductive gaze. You can't help but love the way she teases and taunts you from her gothic cam whore lair. Dangerously beautiful. This is dedicated to all the Gothic Babes of the Week, Suicide Girls and goth camgirls net-wide.

I must congratualte SG on it's free-form style of organization. In the words of Sean Suhl, the CEO of SG "I'm not gonna say that we don't exploit the girls, because I don't know. I think that five years from now I will know." Creativity begins at the place of discovery. Saying "I don't know" is the first step on the road to success.

I also applaud SG for the way in which it acknowledges the talent and hard work of its photogs (especially the official ones) by paying them a very, very handsome sum for the photographs and photoshopping (regardless of the amount of retouching that is required) to SG standards for each set that is accepted. I think we should really marvel at the incredible work—their talent, effort, and time—that photographers like Cherry, Albertine, tmronin, and the recently departed Oryx spend on each set they shoot and ‘shop, whether it is accepted or not.

As I said in my first part of these essay, porn does seem to follow the American logic that bigger is better. I am glad to see that a site that started out as Missy's pet photo-project that had "alternative" women pose as pin-ups has grown past the strip tease, the classic posing, and towards Sean's vision of pink by the 2nd frame, throughout the world, forever and ever. What more could a woman want?

For additional information go here.

Back to the beginning . . .

* As used in this Agreement, "Materials" means, in any format (e.g., paper or electronic), all photographs (including corresponding negatives or other component parts), film, video, audio, text, Internet content, elements, designs, sketches, creations, documents, tangible or intangible property, deliverables or other intellectual property (including but not limited to copyrights and trademarks) created under this Agreement, whether or not delivered to SG. Consultant also grants SG a worldwide, perpetual, royalty-free, irrevocable, fully paid up right and license to use Consultant's name in connection with any Materials.

** Please consult legal dictionaries for the full meaning of this term.

*** Please not that measures have been taken to depropigate this celebration. Indeed it was never supposed to happen (http://www.contentblowout.com/cp-letter/paulloving.jpg).