copyright infringement realities?

Discussion in 'Professional Video Production' started by Peter the not so Great, Jul 30, 2003.

  1. "Fair use"? Pirating? Personal use versus commercial? Suppose someone
    researches movies. He reviews videos. He has put together a video for
    sale that rates and details obscure movies on a controversial subject.
    Every movie gets one minute of sample scene(s) to be complimented by a
    website with more detailed information available by subscription.

    Would this be breaking the law in the USA / Canada / UK? Are there
    countries where this kind of enterprise would not be illegal?
     
    Peter the not so Great, Jul 30, 2003
    #1
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  2. Peter the not so Great

    Max Volume Guest

    Okay, so what kind of gay nazi fisting porn video are you doing?
     
    Max Volume, Jul 30, 2003
    #2
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  3. Peter the not so Great

    Mike Kujbida Guest


    "Nurse Ratched, Max is at it again!!"

    "Lock him in his room, put him in restraints and triple his meds."
     
    Mike Kujbida, Jul 30, 2003
    #3
  4. "Peter the not so Great" wrote ...
    Certainly legal with permission from the rights-holders.
    Different laws, licenses, permissions in different countries.

    How do TV shows do movie reviews? Studios send out tapes
    of clips (of their choosing!). Presumably rights to show the clips
    as part of a movie review would appear to be implicit if they
    send out tapes to TV stations.

    Part of "fair use" is for critical reviews. Certainly for books.
    Presumably also for movie/video? Dunno whether that is
    explicit (as when studios send out tapes of clips) or
    implicit (where you can go down to your video rental shop
    and dub some clips without the studio's permission).
     
    Richard Crowley, Jul 30, 2003
    #4
  5. Peter the not so Great

    Jack Perry Guest

    NOPE, not legal and definitely pirating if you use other people's material /
    footage without paying royalties.. Your business model doesn't seem to fit
    the Fair Use laws because you'd be charging people for the video A, and then
    charging them again for the website content B. I'm no lawyer, but I'm pretty
    sure that to qualify for Fair Use, you'll need to be a bona fide educational
    institution and / or a bona fide News station or correspondent or creating
    a work of parody that is clearly humourous...

    Jack Perry
     
    Jack Perry, Jul 30, 2003
    #5
  6. Peter the not so Great

    Max Volume Guest

    Hey Chief, beat the hell outta this guy for me, would ya?
     
    Max Volume, Jul 31, 2003
    #6
  7. I think it is legal in the US to compile and sell trailers for movies. There
    are certain things you may not do, like cut the trailer so it looks like
    just an excerpt from the movie. I think you must show the titles, or hear
    the announcer say how great the movie is. You can buy videos of just
    trailers, have been able to for years. Sounds like you'd be OK as long as
    you used only the studio released trailers.

    --
    Best regards,
    Craig Scheiner
    Executive Producer
    CPS Associates
    Video Production and Publication
    www.cpsvideo.net
     
    Craig Scheiner, Jul 31, 2003
    #7
  8. Peter the not so Great

    Max Volume Guest

    So what does that prove? Bootlegs have been around for years, too.

    Studios are much more likely to allow someone to compile trailers of
    movies they want to push rather than just clips of the films, so the
    "videos of just trailers" were still probably approved by the studios.
     
    Max Volume, Jul 31, 2003
    #8
  9. Peter the not so Great

    Gary P Guest

    And, as always, it's worth reading the fine print of those permissions. Many
    of them are time-limited, as is even the right to use the production stills
    they send out. I think he'd need to get a written permission for his
    specific purposes.
    Again, often time-limited. I do film reviews for TV and radio. They are
    dying for you to show their clips up to and during the movie's release, but
    if you ask for permission to use it once the movie is off the circuits they
    will often refuse you those rights (even if you argue you might boost DVD
    sales). In other words, "No, they won't respect you in the morning."

    I recently had exactly this experience when asking to use either clips or a
    preview of "Mission Impossible 2" from Paramount. Even the stills were off
    limits. It's also worth noting that permission to use promotion material for
    a one-off TV broadcast or review doesn't always extend to Internet use. A
    big headache, if - as we do - you archive your programmes to the Internet.
    You might be able to argue "fair use" but I doubt it, particularly when fine
    print on these promotion materials often explicitly states limitations.
    Individual companies and distributors vary in how far they will pursue these
    matters, but I don't think he'd get away with fair use for creating his own
    revenue producing product.

    Paul will probably know more about this.

    Gary
     
    Gary P, Jul 31, 2003
    #9
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