View Full Version : Copyright law


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Chris Hurd
January 17th, 2005, 11:32 AM
There's really no reason to close this thread, and I welcome any further input. The original poster does not "own" this thread -- DV Info Net does -- and in my view even if the original poster gives up on it, chances are a lot of other people can learn something from it.

I would like to clear up two serious misconceptions, though. First is the assumption that "there's no way they had permission to do those things" with reference to Michael Moore, G.G. Allin, etc. This is an assumption only, and most likely an incorrect one. Michael Moore (most likely through his attorneys) probably obtained permission for the Army commercial through the Freedom of Information Act, since it came from a government entity. For the Fox news clips and other media snippets, they probably bought them. It's a mistake to assume that because it's Michael Moore, they would have been refused. This isn't known to be true. My point is, just because a person can't see how something has been done, doesn't mean it hasn't been done, especially with regard to rights and licensing. And shooting from a TV screen is an effect; it's a production decision which is in no way connected with rights or licensing. It's simply done in order to achieve a specific aesthetic look.

The other misconception is that those here who have made the effort to offer serious, insightful input to this thread are "coming from a perspective biased against" what the original poster is trying to do. Nothing could be further from the truth. The only bias I can perceive here is a bias against doing anything illegal, and that is a healthy and helpful bias to have. The important thing to note is that a person who knows the law does not necessarily have to agree with it. While we can always discuss the merits and demerits of copyright law, and the ways in which it can be modified and reformed to everyone's greater advantage, still the best advice above all is to obey the law as it is currently written. The original poster did not get the response he was seeking, but he did get the very best advice possible, whether he realizes it or not.

This board is all about its members helping each other. While I think it's sad that on occasion we have someone who doesn't realize that the responses he received were in his best interest, the positive thing is that other people will come upon this discussion and benefit from reading it and adding to it. That's why it's important for it to stay open and continue on.

Dylan Couper
January 17th, 2005, 12:29 PM
Agreed. Information should be preserved, and like it or not, this has been an informative thread. I added it to the FAQ.

Dennis Vogel
January 17th, 2005, 09:04 PM
<<<-- Originally posted by Tony Hall :... I merely wondered how some documentary filmmakers get away with using footage that they would never be able to get PERMISSION to use.

I see it all the time. Perfect examples are Fahrenheit 911, Outfoxed, and even Hated (the documentary about GG Allin). In Hated, all the television footage looks like they were filming a TV screen. -->>>


I think this is the crux of the misunderstanding here. Tony seems to think that if he saw footage in a production that most likely wouldn't have been licensed to the producer (e.g., some of Michael Moore's stuff) that there must be a loophole that allowed him to use it. It seems to me that it is just as likely that MM used some of Fox's footage illegally and took his chances. I rather think he would have enjoyed being sued by Fox and receiving all the publicity it would have generated. If that's the case--and it's only my supposition--then what MM did was illegal an violated copyright law.

Don't assume that if a film producer gets away with what looks like copyrighted footage or music that it must somehow be legal. Perhaps he just wasn't sued by the copyright owner.

Good luck.

Dennis