Re: Re: TV ads break copyright law

Well in most European law this is a droit moral issue. Both how your work is presented (the context etc.) and if it has been distorted in some way (like colorized movies that certain US directors protested against a couple of years ago).

In this particular case one of the Swedish directors had made a movie that criticized commercialisation of the media, so he regarded it as a violation of his artistic integrity when this message was suddenly interrupted by TV commercials. But the two directors were lucky, since they had never signed the same contract as most other moviemakers through there companies do. So they still had the right to decide how their works could be used.

/Karl-Erik

>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 Wed Apr 19 2006 - 01:00:00 GMT