An element virtually missing in the two judgements in the TV4 ad interruptions case concerns the evaluation of the directors' overt consent to have their films shown on that commercial TV channel. In addition to Mr Tallmo's remarks, it should thus be noticed, that TV4 had never under its 15 years existence shown a film without interrupting it, normally for a news program foregone and ended with a block of ads (a total break of some 30 minutes). The two Swedish directors, both long time professionals in TV and film production, must have been aware of this when they gave their consent to broadcasts by TV4, also considering that TV4 is the biggest single channel on the Swedish arena.
Therefore, it is remarkable that the Appeal Court didn't pay attention to the potential leniency of the directors as moral rights are concerned, in my mind a core issue in this case. All the more so as the film of one of the directors had previously been shown on another commercial channel, TV3, with many commercial breaks, this being fully accepted by the director, demonstrated by his letter to TV3 cheering them for the show of his film (that TV3 falls under British jurisdiction, not the Swedish jurisdiction, isn't very interesting in this context).
Jan Rosen
Från: CNI-COPYRIGHT -- Copyright & Intellectual Property genom Karl-Erik Tallmo
Skickat: to 2006-04-20 23:55
Till: CNI-COPYRIGHT -- Copyright & Intellectual Property
Ämne: [CNI-(C)] Re: TV ads break copyright law
I think the story behind was roughly this: Swedish Channel 4 didn't even have interruptions in programs for commmercials earlier, there were only commmercials in between programs. The channnel's agreement with the government regarding license to broadcast involved such matters. Then Channel 4 started to interrupt movies with news. And on both sides of the news they put in ads. In that way they could claim that they did not really interrupt movies in order to show ads, only news. They had forgotten to put anything about this in their contracts until the two directors started their lawsuit a few years ago. Now it is explicit in the contracts that the copyright holder not only sells the right to show the film a certain amount of times but also agrees that it may be interrupted.
/Karl-Erik
>. 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'm not sure where luck was involved in their decisions as to what
>contracts they would sign. Perhaps you mean that they were fortunate to
>find people to fund their projects who didn't insist upon their signing
>such a contract.
>
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