Thank you, Rhonda, that is very useful -- and interesting!  I 
appreciate your taking the time to share your insider insights with us. 
 That's what makes this List so much fun (and so valuable).

Maarja

-----Original Message-----
From: [log in to unmask]
To: [log in to unmask]
Sent: Mon, 17 Jul 2006 10:39 PM
Subject: Re: Clean Flicks copyright case

I'm surprised Clean Flicks has been able to survive as long as it has.

I've worked in business affairs in the film industry for 15 years.  
Movie
companies have to buy (or license) the movie AND ancillary rights from
copyright holders.  Before a film is produced, companies run copyright
reports to be sure the entity or person selling them the rights to make 
a
movie has the right to do so.  The rights to actually shoot a movie are 
then
transferred over to the production company, which has the right to make 
the
movie, but does not own it.  The ownership rights of the movie and the
ancillary rights remain with the entity that purchased them.

Distributors, in turn, then license the right to distribute films in 
various
markets.  Distributors require complete chain-of-title documentation 
along
with proof of errors and omissions insurance to cover any inadvertent
copyright infringement.

Ancillary rights include the rights to distribute films in foreign
countries, television, cable, airlines, etc., as well as marketing 
rights.
It is a major revenue stream for them. Sanitized versions of films are
edited by film companies (or their distributors) to meet various 
censorship
requirements for these markets.  It is not uncommon for a film company 
to
license different ancillary rights to different distributors - one
distributor for domestic distribution, another for foreign, etc.

In addition, film companies are required as signatories to union 
bargaining
agreements (the Writers Guild, the Screen Actors Guild, the Directors 
Guild,
etc.) to pay residuals based on formulas that take in account revenues 
from
these markets.

Also, some talent is entitled to proceeds from the gross and net 
profits of
the films.  So, not only did Clean Flicks infringe upon the marketing 
rights
of film companies and distributors, I suspect Clean Flicks was not 
paying
any of THESE fees, therefore impacting the revenue source for talent as
well.

Hope this helps put this in perspective.

Rhonda Super
MLIS Candidate
San Jose State Unversity
[log in to unmask]

-----Original Message-----
 From: Archives & Archivists [mailto:[log in to unmask]] On 
Behalf
Of Peter Kurilecz
Sent: Monday, July 17, 2006 10:35 AM
To: [log in to unmask]
Subject: Re: Clean Flicks copyright case

On 7/17/06, James Stimpert <[log in to unmask]> wrote:
>
>
> I'm curious as to how this practice differs from Walmart's practice of
> selling "sanitized" versions of CDs and DVDs.

WalMart can go to its suppliers and say "based upon the data we have
we would like for you to produce a version that meets these
demographics" They do this with any product not just CDs/DVDs. Because
they have so much buying strength/power the suppliers will go along
with the request. Nothing wrong with it as it has been done for years.
in a former life I worked for a very large oil company out of the
Middle East. The company supplied TVs and Movies for the expat
population in camp, but all the movies and TV shows had to have
certain portions edited out such as kissing. The producers of the
shows had no problem with doing that. Now if the folks in Utah had
gone to the copyright holders and said "look we x thousands of folks
who would like to purchase your product but we won't because of x, y,
z, could you produce a sanitized version?" I suspect they might have
looked on it more favorably, but then again maybe not.

peterk
--
Peter Kurilecz CRM CA
Richmond, Va

A posting from the Archives & Archivists LISTSERV List sponsored by the
Society of American Archivists, www.archivists.org.
For the terms of participation, please refer to
http://www.archivists.org/listservs/arch_listserv_terms.asp.

To subscribe or unsubscribe, send e-mail to [log in to unmask]
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to [log in to unmask]

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <[log in to unmask]>

A posting from the Archives & Archivists LISTSERV List sponsored by the 
Society
of American Archivists, www.archivists.org.
For the terms of participation, please refer to 
http://www.archivists.org/listservs/arch_listserv_terms.asp.

To subscribe or unsubscribe, send e-mail to [log in to unmask]
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to [log in to unmask]

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <[log in to unmask]>

________________________________________________________________________
Check out AOL.com today. Breaking news, video search, pictures, email 
and IM. All on demand. Always Free.

A posting from the Archives & Archivists LISTSERV List sponsored by the Society of American Archivists, www.archivists.org.
For the terms of participation, please refer to http://www.archivists.org/listservs/arch_listserv_terms.asp.

To subscribe or unsubscribe, send e-mail to [log in to unmask]
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to [log in to unmask]

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <[log in to unmask]>