You're not a left-wing tool, are you? Wouldn't wanna have that on
your conscience.
K.
On Aug 24, 2008, at 1:32 PM, MotionPictureArt.com wrote:
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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