Re: TV ads break copyright law

I didn't view the case as a moral rights case (though admittedly, I viewed it through the lens of U.S.A. law). It struck me more as a derivative work kind of issue -- analogous to me writing a 12-chapter book, authorizing a publisher to reproduce N copies, and the publisher, without any authorization from me, decides to insert a couple of extra chapters -- not representing them as mine, and clearly known to the reader as being crass commercial solicitations that helped finance the publication, but nevertheless alterations to my work.

Movie trailers on the leader BEFORE a DVD movie starts are fine, as are commercial advertisements included before or after a movie, but if I inserted advertisements in the middle of the movie, I have think USA courts would consider a derivative work analysis.

John

John T. Mitchell
http://interactionlaw.com

On Apr 14, 2006, at 6:15 PM, Karl-Erik Tallmo wrote:

> This is another question of moral rights, BTW. And on top of that
> how contracts are written. In this case, the filmmakers - Claes
> Eriksson and the newly deceased Vilgot Sjoman, who were plaintiffs
> - had never signed the usual contract that permits the TV channel
> to show the films with ad breaks.
>
> /Karl-Erik Tallmo
>
>
>> TV ads break copyright law
>> By The Local, 12th April 2006
>> http://www.thelocal.se/article.php?ID=3536&date=20060412
>>
>> "Swedish television channel TV4 infringed the copyright of
>> filmmakers Claes
>> Eriksson and the recently deceased Vilgot Sjoman by inserting
>> commercial
>> breaks in their films, said the Svea Court of Appeal on Wednesday."
>
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Received on Mon Apr 17 2006 - 20:10:00 GMT