Scenerios given in class:
Incidental Use
I’m making a very small-budget film on ballet in New York City as part of a graduate film class. I hope to get the film shown on PBS… it will never be shown in theatres. In one scene I am filming students talking on steps outside the school and a cell phone rings, playing the melody from a pop song. I am told I will have to edit that ring-tone out if I want to get the film legally cleared for distribution… or I can pay a $25,000 one-time fee.
Comment: Seems unreasonable, as the recording was clearly unintentional, and not contributing anything to the value of recording.
Incidental Use II
During a scene in that same film I interview a ballet dancer. In the background, tiny and inaudible, you can see an episode of the Simpsons playing on a TV. The lawyers clearing the film for distribution flag this as a problem. Matt Groening, who created the Simpsons, says “No problem, you can use it!” Fox says “I don’t think so” and demands a $100,000 fee.
Again, this seems unreasonable. A TV set playing a TV episode in the background is as natural as seeing a coffee table or a rug in a background.
Lost Copyright
A famous educational film on Civil Rights uses a lot of archival and news footage for which their original use agreement has expired. Many of the copyright holders cannot be found at all, others are companies that no longer exist or people who are dead and whose estate status is unknown… so the film series, a staple in classrooms and on public television, cannot be shown or distributed any longer.
It would seem like there should be some kind of paperwork/process that the film’s advocates could go through to indicate that they had made every reasonable effort to search for the copyright holders, so as to secure legal protection until a copyright holder makes himself known (if there are any left).
Simple Sharing
I want to share a favorite short prose poem right here. In fact I will:
May Morning (James Wright)
Deep[. . .]face.
Incidentally, that prose poem is also a sonnet. And I just broke the law.
The complication here for me is that you published the material electronically. And (in this case) in a class blog. The action seems to fall, in likeness, somewhere between printing the material and distributing it for free (which can be reasonably prohibited), and quoting it out loud in class (which can not be reasonably prohibited).
But, it does seem reasonable to me that James Wright should have control over the publishing of his own work, even electronically. Of course, James Wright has been dead for over 20 years. It does not seem reasonable that James Wright’s work should be copyrighted if he has been dead for over 20 years.
Mixups and Mashups
Current technology makes it relatively to create new pieces of art by combining old ones and adding your own additional artistic skills.
Here is a piece of illegal art mixing a variety of songs and audio from movies, television, and news: Kleptones – See
Or video mixing music and news to make a political point or to comment on the war
How about just making a joke with a remix of a movie trailer?
Or just fighting the man
[links not included]
I can’t see anything inherently wrong with these activities. Of course, I don’t like the idea of libel (that is the right word, isn’t it?). Current technology would also make it very easy to sort words in such a way as to make a person say something that he never meant to say; or to sort images, and ignore the context, in such a way as to distort the facts of an event.