[Videolib] Public performance rights question

Syp, Marc P. (MSyp@SLPL.LIB.MO.US)
Wed, 22 Sep 2004 15:14:15 -0500

The way the system works, currently, it is Disney's job to prove it (to a
judge, most likely, not a jury), and in this case they would be able to
prove it rather handily and show specific monetary damages. And if you gave
me a big stick, I might take a walk in the woods with it.

Okay, done and done.

Thanks,
Marc Syp
Supervisor, Film Library
St. Louis Public Library
314.206.6704

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jed Horovitz
Sent: Wednesday, September 22, 2004 1:27 PM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Public performance rights question

I don't think you can propose it to be a rip off and still have an argument.
If you can't have an arguement, you don't have a free society. That is my
point. The only thing we know about this Hegelian t-shirt is, it exits. If
it is a rip-off, it should be Disney's job to prove it to a jury rather than
to assume it is a rip-off simply because it is a copy. If it is judged to
be a rip-off than it should be Disney's job to show the damages. Then they
can ask for damages and court costs. This is how we treat all other forms
of property. (The only reason movies (etc.) are different is the lobbying
done by the MPAA, RIAA, AAP, etc.) The ownership of this super property has
created super citizens...most of them with articles of incorporation instead
of bodies and souls.
Jed
'If you give someone a big stick, they are going to use it.' Ed Felton

Your example exhibits the prejudice I am concerned with in that you assume
the t-shirt is not a political, artistic statement but simply a rip off. I
think we should assume it is protected free speech (art, business, pursuit
of happiness, etc.) unless and until Disney proves other wise. That is all
it would take to level the playing field between new/future users/creators
and owners of existing creations.

Jed

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