An interesting perspective on this was offered in an interview on NPR yesterday of one of the violators.  He said that if the studios started releasing sanitized versions of their own films he would consider it mission accomplished.  He said he felt he was supplying a needed service, and that he had envisioned a Clean Flicks facility in every city—accomplished, he said, virtually through the Web. 

He stated that some films—such as “Pulp Fiction” and “Caddyshack”—simply didn’t make any sense once the offending scenes and words were removed, so they couldn’t be sold when “cleaned up.”  He claimed that their belief was that because they sold films on a one-by-one basis proportionate to their purchases (they purchased one copy, cleaned it up, then purchased a copy for every one they sold) that they were operating under “fair use” and not violating copyright.

In a discussion forum I checked into briefly on this topic, someone suggested that the way to offer this service and not violate copyright would be to sell a programmable DVD player that would accept input from the Internet or other source about when to fast forward through a scene if you wanted to avoid the “bad” parts.

These are neither my views nor those of my employer.  Just presenting another viewpoint.

Arel Lucas, C.A., Archives/Special Collections Librarian/Embry-Riddle Aeronautical University, Prescott Campus


From: Archives & Archivists [mailto:[log in to unmask]] On Behalf Of Leon Miller
Sent: Monday, July 17, 2006 11:47 AM
To: [log in to unmask]
Subject: Re: Clean Flicks copyright case

 

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.

 

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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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