Posted on 07/08/2006 9:24:52 PM PDT by BenLurkin
SALT LAKE CITY (AP) -- Sanitizing movies on DVD or VHS tape violates federal copyright laws, and several companies that scrub films must turn over their inventory to Hollywood studios, an appeals judge ruled.
Editing movies to delete objectionable language, sex and violence is an "illegitimate business" that hurts Hollywood studios and directors who own the movie rights, said U.S. District Judge Richard P. Matsch in a decision released Thursday in Denver.
"Their (studios and directors) objective ... is to stop the infringement because of its irreparable injury to the creative artistic expression in the copyrighted movies," the judge wrote. "There is a public interest in providing such protection."
Matsch ordered the companies named in the suit, including CleanFlicks, Play It Clean Video and CleanFilms, to stop "producing, manufacturing, creating" and renting edited movies. The businesses also must turn over their inventory to the movie studios within five days of the ruling.
"We're disappointed," CleanFlicks chief executive Ray Lines said. "This is a typical case of David vs. Goliath, but in this case, Hollywood rewrote the ending. We're going to continue to fight."
CleanFlicks produces and distributes sanitized copies of Hollywood films on DVD by burning edited versions of movies onto blank discs. The scrubbed films are sold over the Internet and to video stores.
As many as 90 video stores nationwide -- about half of them in Utah -- purchase movies from CleanFlicks, Lines said. It's unclear how the ruling may effect those stores.
The controversy began in 1998 when the owners of Sunrise Family Video began deleting scenes from "Titanic" that showed a naked Kate Winselt.
The scrubbing caused an uproar in Hollywood, resulting in several lawsuits and countersuits.
Directors can feel vindicated by the ruling, said Michael Apted, president of the Director's Guild of America.
"Audiences can now be assured that the films they buy or rent are the vision of the filmmakers who made them and not the arbitrary choices of a third-party editor," he said.
Sure but that is not what we are talking about. That would be fraud if you modified it and tried to pass off the original item as something other than what it is. Nobody is alleging fraud in this discussion. Everyone is admitting what the end product is.
That's why, when you look in my parents car, the car radio has a BOSE logo on it, becaus BOSE made that radio and sold it to Cadillac to install in their cars.
The reason it has a BOSE logo is because they can charge a premium price over a radio that has a Cadillac logo or a MingLee Fujian Industries logo... even if all three are exactly the same and made by the same OEM.
This isn't about property rights, this is about shoving their values down our throats.
The television networks pay the movie companies. So does the airline company that edits the film. These jokers were not paying the movie company.
If it is clearly labelled as "this book does not include page 212 because I think the book flows better without it", how is that stealing? I don't agree with it, or editing movies because something is 'objectionable', but I don't see how it is breaking any laws. Moronic, yes, illegal, no.
Right, you're missing the point. There is a copyright on their logo. My product might work perfectly fine, but with a Harley-Davidson logo tacked onto it, it's deceptive advertising. Because everyone will think it's a HD addon, and if one suddenly quits working or someone gets hurt, HD will be the first ones the victims sue.
I guess one way to buttress your nonsensical point is to ignore my thread and analogy.
W
It's their choice. They don't have to be "fair", they can choose to market their movie on their own terms.
I have no idea what the hell thread and analogy you're talking about. I skimmed your posting history, and didn't see any replies to me. If it makes you feel better to believe that you've beaten me because I didn't respond to something you said to someone else somewhere I didn't notice, knock yourself out. Congratulations. You won ... whatever it is you won.
If you have a point, make it. If you just want to pound your chest, try to keep the noise down while the grownups are talking.
Maybe they don't want other groups unfairly profiting off of their product.
Just like I can't buy Nike shoes, paint a nice design on them and sell them at a markup unless I have Nike's permission.
Sure. You are talking about fraud. In the case of the edited movies, there is no fraud involved. AFAIK, they are clearly labeled as being edited version. Nobody is trying to defraud anyone into thinking it is the original cut.
You are selling something you do not own.
Am I missing something? I don't see how that's complicated.
That's assuming the studio's themselves did the editing. You and others like you are clearly looking for ways to edit an unedited movie, knowing it's filled with "dreck", "souping it up" to your standard, without the studio or the director's knowledge or blessing.
I the previous example, I do own it. I bought the original and then ripped out the page. I then decided to resell it.
Am I missing something?
Yes.
You own that copy. If you find someone dim enough to buy a defective book, no one cares. If you build a company around ripping out page 212, that's a whole 'nother matter.
On the contrary. I think they should be edited to include more "dreck". I think every movie should be modified to open with a hi-definition THX version of the Fast Times at Ridgemont High scene of Phoebe Cates leaving the swimming pool. That is just for starters....
There is a legal difference between selling something and owning it. Here's an example:
If you suffer from aichmophobia (a nifty word meaning fear of knives and other sharp pointy things), you may, after you purchase a Leatherman multi-tool, remove the blade.
But if your super money-making idea is to buy Leathermans, remove the blades and sell them at a profit in Britain, the Leatherman Co. will for sure have something to say about it.
You can edit all the movies you wish. Just don't expect to be able to market them without permission.
Looks like this will go up the line.....
If Leatherman is smart, they would do the same thing cheaper and just use the market to put you out of business. No lawyers needed.
They do not have a license to resell the items.
And they can't go by the "single movie" excuse when that is their whole business plan.
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