My understanding is that Wal-Mart works with recording companies to explain
their concerns and requirements, and the companies themselves then create
versions to sell to Wal-Mart. Thus, no copyright issue is involved.

A similar issue has come up a couple of times in regard to Ted Turner
colorizing movies. However, Turner only colorized films he owned the rights
to. Thus, no copyright issues were involved.

With Clean Flicks, the issue wasn't merely that they were violating the law,
but that they must have known that they were violating the law. Their
violation of copyright was so clear cut, so egregious, so outlandish, that
it could only have resulted from a conscious decision to knowingly violate
copyright law. It's not that they didn't understand copyright law, but that
they understood it perfectly well and didn't give a damn (to put it within a
religious context).

Lee



----
Leon C. Miller, Manuscripts Librarian
Special Collections, Jones Hall
Tulane University Libraries
New Orleans, Louisiana 70118
ph: 504-865-5685, fx: 504-865-5761, [log in to unmask]
http://specialcollections.tulane.edu

  -----Original Message-----
  From: Archives & Archivists [mailto:[log in to unmask]]On Behalf
Of James Stimpert
  Sent: Monday, July 17, 2006 12:39 PM
  To: [log in to unmask]
  Subject: Re: Clean Flicks copyright case


  I'm curious as to how this practice differs from Walmart's practice of
selling "sanitized" versions of CDs and DVDs.  At least with music CDs, I
guess the recording studios have approved the changes, in which case it's
not copyright infringement.  Radio stations for decades have played versions
of songs with certain words changed (one instance is Charlie Daniels Band's
"Devil Went Down to Georgia"), and often the albums containing those songs
have also been "cleaned up," depending on where they're being sold.  But
again, this was likely done with the knowledge and cooperation (if not
approval) of the studios.

  I don't condone these companies taking movies and changing them to fit
whatever "morals" they favor.  In fact, I'm surprised that - having gone
that far - they didn't change the endings of a few if they didn't go along
with their notions of "good is supposed to triumph over evil."  But I'm
curious about how this differs from what Walmart (and maybe other large
chains?) has been doing for years.

  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

  James Stimpert
  Archivist (Arts and Sciences)        E-mail:    [log in to unmask]
  MSE Library
  Johns Hopkins University             Voice:     (410) 516-8323
  3400 North Charles Street
  Baltimore, MD  21218                  Fax:       (410) 516-7202

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