Visible Arts Ltd 'Human Rights'



















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Human Rights

 

Visible Arts Ltseek to manage IPR in line with the human rights act as well as current legislation and industry agreements. It is subject to UK legislation.

 

Industry information: BECTU Animation Rates

 

Visible Arts Ltd have been privy to extensive discussion in respect of sector rights management issues and seek to address such issues on a fair and considered basis. All ideas, content and copyright in the layout of this site are © Belinda M. Hale B.A Hons M.A.

 

  1. All Belinda Hale ( aka Belinda Freeth and Belinda Mary Hale Works are excluded from the CLA licensing arrangements) ,  a CLA licence does not provide cover for the use of her work uses any such uses must be directly negotiated with her directly follow the link to go to the excluded works list on the CLA website.

  2. At no time has Visible Arts Ltd used any collecting society neither have any of the crew taken payment in respect of IPR via a collecting society, rights management is negotiated directly. There are no outstanding fees due to any other parties in respect of copyright uses nor are Visible Arts Ltd in dispute over any such uses as they generate  their own copyrightable content and have done at all times. Neither is the Visible Arts Ltd involved in any co-productions or has it ever been these are declarable under law.

  3. Visible Arts Ltd are not liable for the misuse of their name or image. However any such misuse should be reported to the police and Visible Arts Ltd will always support such  prosecutions. 

  4. Any piracy of our rights interests will be dealt with strictly in line with the law. Any necessary negotiations will only be in line with industry agreed procedures and clear cut violations will not be subject to any negotiation but will be prosecuted.
  5. Enquiries in respect of intellectual property management & copyright clearances can be addressed to the Belinda M. Hale c/o human rights division:

  6.         human_rights@visibleartsltd.com

  7.         fees@visibleartsltd.com care of Belinda M. Hale B.A Hons M.A

  8. No agents are appointed for such contractual clearances or sales; neither do we retain any reps.

  9. Neither do we have any self-employed reps working to commission.

  10. We welcome direct approaches in respect of sales and always have done.

  11.  Action will be taken in respect of any reported misrepresentations as well as against anyone seeking to ride off our reputation or bring us into disrepute.  

  12. We operate on a strictly professional basis. We thank you for respecting this as we respect the integrity and autonomy of other businesses as well as individuals in return.

  13. We cannot be made liable for any misrepresentative sales approaches by other parties that pertain to be on our behalf but that are not.

  14. Mark St John may advise in respect of certain matters.

  15. We accept formal tender only, no credit or informal licensing available, no payment in kind.

  16. We do not make rights assignments neither do we donate royalties as due to our contractual arrangements this is not possible or realistic.

  17. However with the greatest of respect to our 'fans' we appreciate their recommendations! Thanks for you vote of confidence!

  18. We do not lease or rent artwork neither do we provide art on consignment let alone sale or return.

  19. We do not work on a deferred payment basis. 

  20. In the case of artwork produced for animation in the past other terms and conditions applied due to the collaborative nature of the works however no rights were licensed or assigned and this is in the hands of relevant law firms with a view to identifying professional criminal negligence where ever it may have occurred. Such instances have also been notified to the special fraud squad. Due to the highly complex nature of the law surrounding such issues which spans international borders and historical changes in the law the matter is a long outstanding issue for Belinda Hale T/A Visible Arts who is also the sole and only ever director of Visible Arts Ltd. By default Visible Arts Ltd have knowledge of the matter as the director is fully aware of it however for the purposes of the law the two businesses are separate legal entities therefore one should not be confused with the other but it should be stressed that they are independent businesses and therefore both subject exclusively to the control of Belinda M. Hale B.A Hons M.A.

  21. Belinda M. Hale B.A Hons M.A was a representative on the National Executive Sub committee for copyright at her Union for 10 years where legislation and relevant problems that the members raise via relevant conferences are addressed. She is effectively makes her own case to law firms with interest in relevant IP issues.

  22. Some of the Belinda M. Hale B.A Hons M.A's artwork is held in libraries for approved uses only.

  23. Works are not held by Visible Arts Ltd.  The artwork is generally copyright of the artist and not the company. As the artwork is the master for the animation, the film is simply copy.

  24. Rights in the work are not ceded by virtue of the assertions of others. Visible Arts Ltd do not recognise such illicit and fraudulent assertions as a matter of principle unfortunately this will not stop those who indulge in such waywardness from doing so and there is quite frankly nothing that can be done to prevent such fraud we would recommend always getting such assertions in writing in order to evidence misrepresentations as we are powerless to prevent such individuals from pursuing such activities unless it is drawn to our attention and substantiated. In such instances we would certainly assist victims of such fraud in whatever way it is possible for us to do so and would take the matter up with the police immediately. Please ensure that prospective 'licensors or purveyors' of Intellectual Property are the legal owners of such Intellectual Property or copyrights.

  25. Copyright clearances are only made in written terms and strictly in line with UK legislation and on a work by work and use by use basis in respect of specific rights.

  26. Blanket assignments or licensing do not apply please. We do not make exceptions in this respect neither do we licence retrospectively where rights have been infringed this is not possible. Please do not request such arrangements. To date we have not licensed any rights at all neither have we assigned any. Neither is it our intention as yet to do so as we trade our artwork directly.

  27. Visible Arts Ltd seeks to operate on a fair transparent accountable and economical basis therefore we do not provide informal gratuities neither do we accept them. We believe that simple adherence to basic business principles is infinitely more beneficial to our clients as well as to our business. We'd rather stay in business so we always do common courtesy i.e please & thank-you coffee or water?

  28. Visible Arts Ltd endeavour to treat all individuals with equal respect for their rights in law.

  29. Or submit a request form with your details as well as specified product/ interest on the Question? page of this site. Orders?

  30. Please note that any uses in respect of the works by Belinda M. Hale that have not yet been notified to us directly will be investigated accordingly, uses notified to us retrospectively will be dealt with in strict accordance with law. In light of the implications of accepting monies is respect of such past uses such damages would only be accepted on the basis of full prosecution and a legal judgement. This is absolutely necessary as the artist will not be implicated in cutting deals in respect of any violations. These are not matters that can be privately negotiated as they are serious infringements of the artist's rights to fair above board and transparent business dealings...

  31. Visible Arts Ltd does not use DACS due to the fact that an outstanding issue that Belinda Hale has drawn to the attention of in respect of their policy on Secondary Rights. Ms Hale has never been a member of DACS.

  32. Ms Hale is not under any obligation to use DACS and no longer wants to publicise their activities and wants to assure people that they do have the right to opt out of the DACS scheme and would urge anyone considering the scheme to seek professional legal advice as she did before using it. She is seeking recompense in respect of the advice that she was given and no doubt the law firm concerned is addressing the information that she has passed to them in respect of DACS scheme very carefully they were kept fully informed at all times of DACS position as well as a that of BECTU who were responsible for setting up an agreement with DACS. Although Ms Hale was privy to extensive consultation in respect of the agreement she was not responsible for the final outcome as she was neither a member of DACS Council or her Unions Executive. Concerns that were raised by her were overruled and frankly for this reason a professional criminal negligence law firm had to be found to address the matter as a whole. The attendant issues are further complicated by the removal of legal aid for IP casework. Ms Hale herself is still liasing in respect of the IP management of her past works as a sole trader which is complicated by historical changes in practice as well as in relevant legislation.

  33. Ms Hale is not in a position to implicate herself in fraud against herself by assigning copyright retrospectively and would appreciate greatly if this was better understood. 

  34. Visible Arts Ltd does not condone Human Rights abuses and whereas the Human Rights Act supports the right to freedom of expression it does not support the right to pass off the creative endeavour of one individual as that of another. This is enshrined via an individuals moral rights as the act also supports the right of faith as well as the right to privacy.

  35. Whereas even those convicted of a crime have a right to protection of their 'human rights' under the Human Rights Act as well as the right to a 'fair trial' the Human Rights Act is not there in order to sanction crime. Just as the Church in the true sense of the word is not there to sanction victimisation but is graced with the mercy to enable the victimisers to find salvation by repenting of their actions. I do not mean to patronise but frankly the Human Rights Act is widely misunderstood.

  36. With all respect to DACS & BECTU I am not a member of either organisation and am therefore not subject to the DACS / BECTU mandate re IPR. This is due to the misunderstandings surrounding mandate re IPR and the absence of any means by which it can be challenged without great expense. I.e ACAS cannot address it as DACS are a charity. What's more the collecting societies are not monopolies and therefore all individuals do have the right to opt out of using them and no one can be compelled to use them as no one can be compelled to cede their right to fees that are due to them. It is their responsibility to address the issue and their choice as to whether they want to effectively donate their fees or part of them to other parties. Ms Hale has not at any juncture ceded authority in respect of her authorial rights.

  37. The artist is removing the information in respect of DACS & BECTU now as she feels that she has suffered enough and people will now appreciate that her business is hers and that she wants to get on with her life.

  38. She is neither a DACS nor a BECTU member and she will continue to pursue the issue of her IP as is necessary but she does need the web space for her future work and it is not her responsibility to inform the public in respect of copyright as she is not a free IP educational service.

  39. The artist has not granted any licences or assignments in respect of her artwork to anyone and any such assignments or licences could not be and will not be made retrospectively.

  40. For future reference if any assignments or licences are made it will be in triplicate with relevant authorised legal advisors known only to the artist. This has been her express instruction to relevant law firms for some time now and anyone attempting to make fraudulent assignments or grant licenses should be reported to the police immediately for any such assignments will not be valid and the artist does have legal protection in respect of identity fraud and will take full action to have any such individuals prosecuted in fullest accordance with the law regardless of who they may be.

  41. Instances in respect of harrassment and intimidation from lawless individuals of the artist will always be prosecuted.

  42. Counterfeit products will be prosecuted in accordance with Trading Standards legislation.

  43. No retrospective licensing will be granted regardless of who the parties may be.

  44.  No-one other than Belinda M.A Hale B.A Hons M.A has any authority to grant a license in respect of the use of her copyright.

  45. Ms Hales copyright is not subject to any implied agreements.

  46. Ms Hale only transacts business on a formal written basis she has not and will not assign let alone licence on a verbal basis as this would have standing in a court of law if disputed.

  47. With respect the artist and her business are not in membership of any formal or informal collective nor have she or her business ever been.

  48. The artist has not received support in kind from anyone let alone has she been dependent on any religious organisation, cult, gallery or society.

  49. The artist does however claim any tax rebates, mandatory awards and welfare payments etc that she is entitled to and conducts her self accordingly which does mean taking the responsibility for pursuing monies owed to her in respect of her Intellectual Property Interests in a manner that she is able to do.

  50. Visible Arts Ltd has a policy of addressing look-alike with fair dealing for review critique and exposing potential plagiarism.

  51. The director in bringing any case in respect of IP issues will personally prepare and substantiate it. It is inevitable that therefore cases will take time but those violating IP should be warned that damages reflect the extent to which violations have run.

  52. Visible Arts Ltd policy on fast pirates when it's 5 years the interest due will be so much more not to mention one or two other incentives to damages...and hey whatever makes the world go around?  It's aggravating but to those who have been plagued by fast little bunnies with monies to do it...well there is light at the end of the tunnel. If they're fast enough to mail you their cheek let them be until you're ready to sue. Question is should they really do time for it? This has been the great debate in copyright circles and amongst the legislators. It is easy money for them and they need a little slack cut to them whilst breeding, it won't work if they're stressed...and society needs little bunnies to keep the old bunnies when they are older...is really fair to deprive them of having bringing up their own little bunnies? There are an increasing number of fast little bunnies behind bars already and growing by the day...it is a serious cause for concern as the question is it breeding that keeps them out and about their business? However is it fair for them to deprive working professionally qualified Mothers and children of their rightful position in society? It isn't. Therefore we always pursue the matter in accordance with our obligation to do so whilst in receipt of mandatory awards and if we weren't we would have the means to do so anyway not to mention the interests so we always do.

  53. With respect the artist has not ever been and is not affiliated with any other business or educational establishment but she has given talks in respect of her artwork at a number of Colleges in the past.

  54. With respect such demonstrations of her artwork at Colleges would not imply a ceding of her copyright in any way... she does not currently have any such engagements lined up.

  55. With even greater respect the artist may not be able to gain Community Legal Support in respect of violations of her artwork but fraud is a criminal matter and the CPS will address it where ever it is evidenced. The artist does have legal insurance in respect of identity fraud and the only issues that she faces to her knowledge are in respect of certain past collaborations in film which need to be evaluated in respect of their contractual details, this is in hand. Those who sneer prematurely and assume that they will get away with fraud and privacy should really stop for thought. It won't be worth it.

  56. For those of you looking for a little bit of excitement in your lives well join the Union and try your hand at consultative legislation and then you too will find out about little known rights which are inalienable and cause you ever so much fun and games. Just don't involve yourselves in other people's disputes or you may wind up with more than you expect as do you really want to take the abuse that may be intended for them? Not a good idea leave it to the police always...even the union do at the instruction of their own members it is the right thing to do

  57. With the greatest of respect the artist has neither the time or inclination to educate in respect of IP as she has had to address so many issues via her Union on an unremunerated basis over 10 years... this type of experience is not School let alone Higher Education level. It is brought about by virtue of 'professional association' and with respect not glamorously more through long weary meetings with minutes agendas and discussion which has to be noted in order to understand the subsequent minutes in their full implication it is not for the light hearted or the fast let nor is it easily obtained. The knowledge dry tedious and detailed not for those in the fast risk track...As it is confidential it is not to be divulged out of committee therefore it is not obtainable over a fast cup of coffee neither has it ever been.

  58. Neither Visible Arts Ltd or Belinda Hale T/A Visible Arts Ltd have ever been at the disposal of any other orgnisation or business neither is it anticipated that this will be the case as they are independently trading legal entities.

  59. Anyone seeking to create an employment for themsleves with Visible Arts Ltd or Ms Hale may be prosecuted for it is an offence to do so and will not be tolerate. Neither partie retains any consultants. Mr St John is a long term friend to both of good standiing.

  60. With the greatest of respect to those intersted in working with the company or Ms Hale the fact that you may have some work for us and may even moot this to us does not in any way implicate us in any obligation to undertake work for you neither does any silence imply a willingmess to do so. Any work to be undertaken by the company is subject to the above terms and conditions in the strictest way and subject to written terms and conditions being negotiated as such in full and agreed by all parties in a transparent and accountable manner.

  61. Neither Visible Arts Ltd would agree to any contracts which could not be shared with a legal represenative under no circumstances would they waive their right to legal consultation let alone redress in respect of any dispute.

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As of 14.08.09 Registered Company Address & trading address :
C/O Belinda M. Hale B.A Hons M.A Director
Flat 6
32 Pembridge Square
London
W24DT
Tel: 0207 243 2202
Tweet BelindaHale via twitter on the About Us page of this site