Musician and filmmaker in war of words over release of music video
ONE of New Zealand’s most celebrated musicians is embroiled in a fierce spat with the director of one of his music videos.
Shayne P Carter, the former frontman of ‘‘Dunedin sound’’ heroes Straitjacket Fits and founder of Dimmer, is claiming Auckland filmmaker Kezia Barnett released a music video for his song I Know Not Where I Stand against his wishes, using an international ‘‘loophole’’ to make the video public, and then enlisted lawyers to ‘‘demand’’ he promote the video.
Carter alleged Barnett had stolen his intellectual property.
‘‘Despicably, she’s framed it as though I’ve endorsed it,’’ he said.
Barnett has since responded, accusing Carter of publishing ‘‘several untruths and inaccura cies’’ and detailing how he ‘‘refused to engage with any productive solution’’.
Carter originally outlined the situation on the Dimmer Facebook page, saying he agreed to make the music video with Barnett last year, but three weeks before shooting, Barnett changed the concept from what was initially discussed.
‘‘I gave her licence to see through her vision, figuring if I didn’t like it I had the artistic right to say no,’’ Carter wrote.
‘‘To cut a long story short, I didn’t like the video.’’
He told her he did not want the video used.
The musician says Barnett’s response was ‘‘to harass me via a lawyer for a year with a series of threats’’.
‘‘She demanded I not only release her video but I promote it,’’ he wrote.
In the lengthy post, Carter said that he did not have the money to fight the release of the video.
‘‘I’m a musician. I can’t afford thousands and thousands of dollars while lawyers act out an expensive w... fest. Presumably knowing this, the filmmaker went and released the video.’’
Carter says he asked his record label, Flying Nun, for support but was told that as he had not signed distribution rights with it, it was not their responsibility.
Flying Nun director Ben Howe said the label was on Carter’s side and had gone in to bat for him.
‘‘Shayne is totally right. Without his clear permission, the video should not have been posted. It is his art and music, so should be up to him how it is used,’’ he said.
‘‘We received legal advice that this was a breach of Shayne’s copyright and it was communicated more than once to the video director, their lawyer as well as the online platforms where the video had been posted.’’
Carter also claims to have seen correspondence Barnett sent to NZ On Air defending her position.
‘‘She also harassed NZ On Air daily.
‘‘I’ve seen some of the correspondence and the theme seems to be that Carter is being unreasonable and NZ On Air is apologising to the filmmaker.’’
NZ On Air head of music David Ridler said the situation was upsetting.
‘‘We are very saddened by a creative dispute between two talented individuals.
‘‘We have no further comment as we are unable to involve ourselves in editorial content.’’
Barnett was the winner of 2006 Juice TV music video of the year and the Kodak 2005 young director of the year.
In a statement, Barnett said Carter approached her to make the video for his song and she ‘‘organised the public funding from NZ on Air, took on the contractual liability and put in a significant amount of personal money, as Shayne was not able to pay the artist’s contribution’’.
‘‘I did this because Shayne had told me he couldn’t afford a video and I wanted to help him out. Usually the cost and liability would lie with the musician,’’ the statement said.
‘‘Shayne was involved with and very happy with the video right through its monthslong development.
‘‘Every development of the idea was passed by Shayne for approval and he approved the cut — making only a couple of tweaks — leaving the edit thanking me.
‘‘This was followed up with emails with notes such as ‘look ing great Kezia’. We went ahead and did the postproduction work based on this approval.
‘‘The cast and crew made the video for a fraction of their normal fee, and part of their payment is to see their work released.
‘‘At the point it was ready for release, and without explanation, Shayne informed us he no longer liked the video.
‘‘We then made numerous offers including to reedit or reshape it in a way that made him comfortable, which he didn’t take up. He refused to engage with any productive solution.
‘‘It’s extremely disappointing to see he ultimately decided to air his issues on social media, including the publication of several untruths and inaccuracies.’’ — NZME