Re: VERY interesting copyright article

May Herz (mexvideo@avantel.net)
Thu, 1 Feb 2001 15:06:32 -0800 (PST)

This person is handing over the responsibility to the "owner" of the video
copy. He is giving a service to a person who owns the "video", not the
"work" or "copyright". So if there is any problem, the person that requests
the service is the responsible party .
He doesn't have any right to alter the "work" or "art" of another author, as
long as he doesn't have written permission from him or the copyright owner.
When the studios grant permission to Blockbuster or edit their own films
according to their client's preferences, they can do so because THEY, and
not the authors, are the owners of the copyright.
May Herz
----- Original Message -----
From: "Henry Mattoon" <hmattoon@afionline.org>
To: "Multiple recipients of list" <videolib@library.berkeley.edu>
Sent: Thursday, February 01, 2001 2:35 PM
Subject: RE: VERY interesting copyright article

> Reply to: RE: VERY interesting copyright article
> Well, I haven't had the time to check out his website thoroughly, my
facetious references to his including "diety" notwithstanding )this is
certainly a legal issue, anyone's personal or moral concerns aside) I really
wonder if he has fully ascertained the (c) status of these films? As we
all know, they can at times be horrendous to track down, often simply
impossible to determine. I know this from my own work, though I deal
primarily with pre-1950 films (and always with the caveat that "I am not a
legal expert, not a (c) investigator, take the info for what it's worth,
etc., etc.). It's not always a simple matter of the studio or production co.
that owns the (c). Personally, I would certainly advise him to hire a
lawyer, and a *copyright* attorney at that! Just forking over $$ to a studio
or production company, etc. doesn't necessarily do it.
> Plus, I find no disclaimer, no page indicating who he's paying for the
rights to such manipulation, no indication he's gotten a lawyer to validate
what he'd doing, etc. unless I missed it (sorry, a cursory search).
>
> Henry
>
>
>
> Henry K. Mattoon
> National Moving Image Database
> The American Film Institute
> 2021 N. Western Ave.
> Los Angeles, CA 90027
> 323/856.7702 voice
> 323/856.7616 fax
> <hmattoon@afionline.org>
> <www.AFIonline.org>
>
> Darryl Wiggers wrote:
> >The copyright "owners" have rarely given a damn about "artistic rights"
in
> >the past so I don't see that as a defence. If the "owners" insist on
> >upholding "artistic rights" (as suggested in the Times article) then they
> >should clean up their own backyard and let filmmakers have final cut.
> >
> >I don't remember anything like this arising before because, in the past,
> >religious stores like this would simply avoid purchasing certain films; a
> >minimal loss of revenue to the copyright owners, but a loss nonetheless.
But
> >Mr. CleanVideo is not pirating. He's not stealing. He giving money to the
> >copyright owners to purchase these individual videos that normally
wouldn't
> >be bought. And his customers (a staggering 500 according to the
article --
> >oh my!) are also throwing cash to the copyright owners to also purchase
> >films they wouldn't normally buy. >
> >> So, he apparently has a stockpile of the "nonoffensive" versions >>
ready to ship on the one hand.
> > >So what? I bet he already paid for every single one, and the money now
sits
> >in the pockets of the copyright owners. You tell me: is that stealing?
> >
> >Bottom line: Nobody is losing money. Mr. CleanVideo is making money.
Maybe
> >(his operation sounds very labour intensive). The studios are making
money
> >from sales they normally wouldn't receive. The artists are having their
> >films seen by viewers who may normally have opted to avoid them
altogether. >
> >What I do sense from this discussion is a disdain for the morality side
of
> >this issue. But what I admire about the guy is not just that I don't see
any
> >illegal about it (if you want to convince me otherwise, I urge you to
find
> >an act, regulation, amendment -- anything! -- that clearly says this
can't
> >be done) but that he's being upfront. True, Blockbuster sticks to the law
> >but I can't find anything -- nothing! -- in their company info that
> >identifies they rent altered versions of certain films. That's deceptive
and
> >fraudulent as far as I'm concerned. >
> >Laugh all you want about a supplier who edits out references to the
deity,
> >but at least he's honest about it.
> >
> >> How I would feel if I wrote a book that was destined to do well >> in
the marketplace, only to find out that someone, without my >> permission,
took my book, changed it slightly to make it more to >> their liking, and
sold it. I don't think I would like it much, >> and I would take the person
to court to stop it.
> >
> >Publishers do it all the time, but authors can't do anything because they
> >don't "own" it. Only the publishers can take action in a case like this.
And
> >the only thing that concerns the publishers -- or studios in this case --
is
> >losing money. They don't give a damn about art. Only commerce (hasn't
anyone
> >figured this out yet?). And what probably upset the people in that Times
> >article was the assumption -- the same assumption all of us made in the
> >beginning -- was that the guy was copying the material (i.e. buying one
> >video and making multiple copies of it). But, if Mr. Cleanvideo is to
> >believed, that's not the case here.
> >
> >-----Original Message-----
> >From: Jessica Rosner [mailto:jrosner@kino.com]
> >Sent: Thursday, February 01, 2001 1:18 PM
> >To: Multiple recipients of list
> >Subject: Re: VERY interesting copyright article
> >
> >
> >Darryl
> >The very definition of copyright is ownership and you can't alter
material
> >without permission. If this were being done strictly for home use
obviously
> >no one would notice but the store is doing them for public rental. Again
if
> >this were legal I could just buy a bunch of legal copies of Disney films
and
> >insert whatever I wanted so long as I had purchased them and then I could
> >rent them out ?. Sorry but I don't have any sympathy for the guy and for
> >once I would cheer the MPPA. It goes to the heart of both copyright and
> >artists rights that you can't alter without permission.
> >
> >Jessica
> >
> >> From: Darryl Wiggers <Darryl.Wiggers@AllianceAtlantis.com>
> >> Reply-To: videolib@library.berkeley.edu
> >> Date: Thu, 1 Feb 2001 09:51:07 -0800 (PST)
> >> To: Multiple recipients of list <videolib@library.berkeley.edu>
> >> Subject: RE: VERY interesting copyright article
> >> >> Where is it written that one can't alter a legally purchased copy?
The
> >> warning on all my videos only talks about public screenings and
copying.
> >> That's it. Besides, it's not as if he disguising what he's doing. No
one
> >who
> >> is interested in purchasing an unedited version would be fooled into
> >dealing
> >> with this guy... >> >> According to the Copyright Infringement Act of
1976 "Any person who, with
> >> fraudulent intent, removes or alters any notice of copyright appearing
on
> >a
> >> copy of a copyrighted work shall be fined not more than $2,500." That's
> >it.
> >> Only the warning can't be "removed" or "altered." And you can't even
claim
> >> fraud with Mr. CleanVideo. He spells out what is omitted... I can't
find
> >> anything else in the Copyright Infringement Act that suggests that what
> >Mr.
> >> CleanVideo claims he's doing can't be done. Can anyone?
> >> >> And let's suppose he is nailed. How is his crime different from a
video
> >> store that sells me a "used" mangled, chewed-up video that's blurry and
> >full
> >> of picture drop-outs. That video has been altered too from its original
> >> condition. Maybe I can get the MPAA on my local store's case...
> >> >> Personally I would never do business with Mr. CleanVideo because I
want to
> >> see my movies unedited. But I'm not convinced that what he's doing is
> >> illegal, and cannot share in the drooling enthusiasm to have him drawn
and
> >> quartered. I especially don't understand why people seem less bothered
by
> >> corporations who lie, deceive, cheat, overcharge and steal from
millions
> >of
> >> consumers than a guy who is openly providing a seemingly legal service
> >that
> >> his community clearly wants.
> >
> >
> >RFC822 header
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> > Date: Thu, 1 Feb 2001 12:52:05 -0800 (PST)
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> > From: Darryl Wiggers <Darryl.Wiggers@AllianceAtlantis.com>
> > To: Multiple recipients of list <videolib@library.berkeley.edu>
> > Subject: RE: VERY interesting copyright article
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