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]>