Re: Re: film trailer footage/ public domain

She had better have told the merchant what the use was. Unless she told the merchant that she wanted to use the clip in her own works for sale, the warranty will not apply.

-Bodi
----- Original Message -----
From: "Bradley J Brown" <bjbrown[_at_]knowledgelaw.com> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org>
Sent: Monday, November 10, 2003 4:23 PM
Subject: [CNI-(C)] Re: film trailer footage/ public domain

> 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)
> >
> >
> >
> > #############################################################
> > This message is sent to you because you are subscribed to
> > the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> > To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> > To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> > To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> > To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> > Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
> >
> > Visit the CNI-COPYRIGHT e-mail list archive at
> > <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.
> >
>
>
>
> #############################################################
> This message is sent to you because you are subscribed to
> the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
>
> Visit the CNI-COPYRIGHT e-mail list archive at
<https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.
>
Received on Wed Nov 12 2003 - 02:12:08 GMT