Colin,
I was not talking about "stolen" or an interpretation of first sale. Indeed
this law also states that the products should be legally obtained or
produced.
In this case a movie theater, one of many, is selling all the promotional
materials they have used or can not use because of lack of space.
All money made goes to a good cause in Afghanistan where they are supporting
projects that help young children.
I can not tell you more about the actual problem because this is inside
information that I should not even know about.
But rest assured, I'm not involved in any illegal activities. Never have and
never will.
Ron
MotionPictureArt.com
Movie Posters, Lobby Cards and more...
http://www.MotionPictureArt.com
----- Original Message -----
From: CK MacLeod
To: MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Sunday, August 24, 2008 7:34 PM
Subject: Re: [MOPO] McCain Ad Featuring The Ten Commadments
Interesting observations, Rich. I always enjoy getting the benefit of your
experience in copyright-related issues. (BTW, on that note, would you agree
with me that Ron's interpretation of First Sale is ill-founded in the case
of "stolen" goods?)
It's probably true that the McCain campaign has been a lot more interested
in establishing a response to Obama's corporate branding as pseudo-messiah
than about the niceties of fair and unfair use. On the other hand, one
thing no political party in 21st Century America is short of is lawyers, so
I suspect they'd determined their legal or financial exposure would be de
minimus, as the lawyers say.
Otherwise, they may have grabbed the "we're not worthy" bit without worrying
that they might be, as per Franc channeling Woody Allen, desecrating that
great and important testament to late 20th Century artistic genius WAYNE'S
WORLD. As for Jackson Browne, people indulging in outrage on his behalf
need to understand that, though Browne went out of his way to name McCain
among the defendants in the "Running on Empty" ad lawsuit, the ad was
actually a product of the Ohio Republican Party, not the McCain campaign
(and a TV ad, not one of these McCain web ads). The McCain campaign did,
however, go pretty far with a web ad mocking the media's love affair with
Obama done to the tune of an unsecured version of Franki Valli's "Can't Take
My Eyes Off Of You." After protest, they re-did the ad with a generic
romantic soundtrack (some urged them to try a porno feel, but by then the
campaign had moved on).
Before the "Love" ad, they had kicked off this web video campaign with an ad
in the style of a '60s Bond film credit sequence or trailer, calling Obama
"Dr No" and using familiar Bond music.
http://www.youtube.com/watch?v=a3Zy50Dy6Zk
I wonder if one of our Bond experts could isolate and specify the
antecedents for this ad more precisely. I also wonder if the music on this
ad might be covered by the trailer exception Rich mentioned. I'm also
thinking that the McCain lawyers probably consider the latitude for "fair
use" in political ads to be rather wide, and that there may be gray areas or
simply a lack of case law affecting treatment of web ads . My limited
experience in such matters is that, on the web, where there's any doubt, and
where it's difficult if not impossible to show tangible harm, malign intent,
or substantial ill-gotten monetary gain, simply taking down the infringing
piece typically puts an end to whatever issue.
Browne's TV-related claim may make for a better case (against the Ohio
Republicans at least) since by his lights as a 30 - 40 year leftwing
environmentalist tool, being used effectively by Republicans hurts him among
other tools. Regarding the complaints of Myers and whoever actually owns
"Can't Take My Eyes Off Of You," it seemed to me that the McCain camp's
response amounted to "Fine, if you insist on being spoilsports, we'll try
something else." As for copyright absolutists objecting to these particular
infringements and their lethal effect on our artistic heritage, the McCain
campaign provided the following response:
McCain Campaign Response on Copyright Complaints
Personally, I find the will.i.am and Dave Stewart Obama music videos much
more tragic as assaults on art and civilization than a mash-up that clips
Wayne & Garth, but everyone's entitled to his or her own self-serving
kneejerk opinion. Charlton Heston remains unavailable, but I am 100%
fersure that, if he were available, he'd be laughing his head off and doing
his best to help defeat the gun-grabbers and fellow travelers.
Colin
CK MacLeod Collectibles at ckmac.com
Kymar's on eBay
-----Original Message-----
From: MoPo List [mailto:[EMAIL PROTECTED] Behalf Of Richard
Halegua Comic Art
Sent: Saturday, August 23, 2008 09:02 PM
To: MoPo-L@LISTSERV.AMERICAN.EDU
Subject: Re: [MOPO] McCain Ad Featuring The Ten Commadments
At 08:45 PM 8/23/2008, Kirby McDaniel wrote:
Wait. Something has been lost on me here. You mean the McCain campaign
might have used the clip from THE TEN COMMANDMENTS without any kind of
permission whatsoever??
I don't think anyone who is commenting has any idea if this is true or not
Kirby
There have been no news reports of anything such and if the campaign bought
media - from for instance - Corbis or Getty Images, then royalties are paid
by the lessee of the assets. IF any royalties are due.
Did you ever notice that Biography has loads of clips from movies??
These are available from numerous sources and may not be required to pay any
royalties because they are usually clips from trailers for which no
copyright was secured. I believe the measure is that trailers from pre-1968
are usable in this way. I'm sure that Sean will know much more on the
subject (but he's in Peru.. on his honeymoon)
Rich===============
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