Comments on: Why do Studios Pay for Newspaper Movie Rights? https://archives.lessig.org/?p=3174 2002-2015 Mon, 01 Jun 2020 08:52:00 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: ki zack https://archives.lessig.org/?p=3174#comment-13981 Mon, 01 Jun 2020 08:52:00 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13981 Watch free movies at Mobdro

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By: american horror story asylum episode 12 promo https://archives.lessig.org/?p=3174#comment-13980 Sun, 17 Mar 2013 01:14:18 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13980 Thanks for the good writeup. It if truth be told was a leisure account it.

Look advanced to far added agreeable from you! By the way,
how can we keep up a correspondence?

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By: ted https://archives.lessig.org/?p=3174#comment-13979 Sun, 24 Dec 2006 03:19:44 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13979 The movie “Rock Star” had a reference to Judas Priest and Rob Halford, by showing “Metal God” during one of the film’s montages. All Priest references were not removed.

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By: JD Houston https://archives.lessig.org/?p=3174#comment-13978 Tue, 09 May 2006 13:32:01 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13978 Their purchase isn’t based on copyright at all. It is a relatively cheap
defensive move against legal actions based upon invasion of privacy, defamation or libel, and the right to publicity. Although the preferred mechanism is to make a deal with individuals who are part of the story, when this isn’t possible, it is good to have a deal with a “paper of record” that reported upon the story. This provides at least one addition to a defense based upon pre-existing facts. A newspaper has somewhat greater protection under the first amendment for reporting a story than does a work of entertainment for telling a story.

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By: Iain MacKinnon https://archives.lessig.org/?p=3174#comment-13977 Mon, 08 May 2006 19:39:55 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13977 On the issue of who owns copyright in an interview, in Canada (and UK) the law is fairly clear that the author (or interviewer) owns copyright. An Ontario Court of Appeal case involving the estate of Glenn Gould upheld this principle where an author published a book based on photos, notes, and tapes recorded from interviews he did with Gould 40 years earlier. The estate argued that it owned copyright in those materials. The court found that the author owned copyright.
Short summary of case:
http://en.wikipedia.org/wiki/Gould_Estate_v._Stoddart_Publishing_Co._Ltd.
More details of facts and judgment:
http://www.robic.com/publications/Pdf/142.094.pdf

A subsequent Federal Court of Canada case made the same finding where a publisher took parts of a book on Shania Twain and used those parts in a new book on Twain. The publisher argued that the parts taken could not be subject to copyright protection by the original author because they lacked originality and were simply facts about Twain’s life. The court distinguished the U.S. law in this area and followed Gould. It found that the original author/interviewer owned copyright in the interview with Twain and that the publisher infringed the expression of the facts, not the facts themselves.
More details here: http://tinyurl.com/mdmr6
and here: http://www.dww.com/articles/fedcourt.htm

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By: Justin Levine https://archives.lessig.org/?p=3174#comment-13976 Mon, 08 May 2006 15:36:55 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13976 “The industry custom of obtaining ‘clearance’ establishes nothing, other than the unfortunate reality that many filmmakers may deem it wise to pay a small sum up front for a written consent to avoid later having to spend a small fortune to defend unmeritorious lawsuits such as this one.”

[Polydoros v. Twentieth Century Fox Film Corp. (1997) 67 Cal.App.4th 318]

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By: Iain MacKinnon https://archives.lessig.org/?p=3174#comment-13975 Mon, 08 May 2006 14:38:08 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13975 On the issue of who owns copyright in an interview, in Canada (and UK) the law is fairly clear that the author (or interviewer) owns copyright. An Ontario Court of Appeal case involving the estate of Glenn Gould upheld this principle where an author published a book based on photos, notes, and tapes recorded from interviews he did with Gould 40 years earlier. The estate argued that it owned copyright in those materials. The court found that the author owned copyright.
Short summary of case:
http://en.wikipedia.org/wiki/Gould_Estate_v._Stoddart_Publishing_Co._Ltd.
More details of facts and judgment:
http://www.robic.com/publications/Pdf/142.094.pdf

A subsequent Federal Court of Canada case made the same finding where a publisher took parts of a book on Shania Twain and used those parts in a new book on Twain. The publisher argued that the parts taken could not be subject to copyright protection by the original author because they lacked originality and were simply facts about Twain’s life. The court distinguished the U.S. law in this area and followed Gould. It found that the original author/interviewer owned copyright in the interview with Twain and that the publisher infringed the expression of the facts, not the facts themselves.
More details here: http://tinyurl.com/mdmr6
and here: http://www.dww.com/articles/fedcourt.htm

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By: Branko Collin https://archives.lessig.org/?p=3174#comment-13974 Sun, 07 May 2006 21:19:28 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13974 OK, so I did some Googling myself, and this publisher’s organisation’s lawyer has some info on the subject. According to him, things aren’t as clear cut and their have been courts that have found either way. He also mentions that the copyright could be joint, or split over the different parts of an interview.

BTW, I am going to steal you guys’ comments for my blog, if you don’t like it, my hosting provider is a known walk-over.

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By: Tim Wu https://archives.lessig.org/?p=3174#comment-13973 Sat, 06 May 2006 21:07:12 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13973 The copyrightability of an interview was on an exam of mine, featuring Ali-G.

The hard question is, what if the interviewee does something like compose a limmerick during the interview?

The many joys of copyright.

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By: Bruce https://archives.lessig.org/?p=3174#comment-13972 Sat, 06 May 2006 16:28:58 +0000 http://lessig.org/blog/2006/05/why_do_studios_pay_for_newspap.html#comment-13972 But perhaps the argument is that just in case they want to lif[t] turns of phrase from the story, they have the license.

I’m not sure “want to” is the right verb; I think the concern is with “lift subconsciously,” or “are alleged to have lifted.” Determining where the copyrightable expression is and whether bits of a film are “substantially similar” is hard, either ex ante or ex post; much easier just to get a license. Maybe I’m missing what’s driving your concern, but it really seems pretty straightforward to me.

Branko, “8” is her real middle name; and great question about interviews. There’s surprisingly little case law. There’s an old case involving Hemingway, but the court found that Hemingway granted the interview with the understanding that it would be published, so without deciding the issue of interviewee ownership, they concluded that even if he owned the copyright he had impliedly licensed the reporter to publish it. The case pre-dates the 1976 Act, which is why it discusses “common-law copyright,” which no longer exists.

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