Re: Re: film trailer footage/ public domain

Merchantability is certainly one of the implied warranties under the UCC, but non-infringement is another and seemingly more pertinent in this context.

On Monday, November 10, 2003, at 04:23 PM, Bradley J Brown wrote:

> Check the consumer protection laws of your State. In many states, an
> attempted disclaimer of the implied warranty of merchantibility brings
> penalties and attorneys' fees. If your client cannot use the work for
> the purpose for which she purchased it, it appears that the implied
> warranty of merchantibility may be implicated. In some states, the
> term consumer includes sole proprietors of businesses.
>
> Vance R. Koven wrote:
>
>> At 11:10 AM 11/10/2003, Kathleen Williamson wrote:
>>
>>> I contacted the legal department of
>>> the company. Their attorney wrote back simply stating that the film
>>> trailer
>>> is either in the public domain or it is not copyrighted but that the
>>> company
>>> would not warrant anything.
>>
>>
>> Not legal advice or anything, but I would question the accuracy of
>> their statement. Seems to me as if they did warrant against
>> non-infringement by failing to disclaim it.
>>
>> Vance
>>
>>
>> (for identification only)
>> Vance R. Koven, Senior Attorney
>> Comverse, Inc.
>> 100 Quannapowitt Parkway
>> Wakefield, MA 01880 USA
>> +1 781-224-8523 (vox humana)
>> +1 781-224-8144 (fax mechanica)
>>
>>
>>
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>
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Received on Wed Nov 12 2003 - 02:12:08 GMT