RE: Re: Editing out offensive language from movies

From: Agenbroad, James \(Civ,ARL/CISD\) <jagenbro[_at_]arl.army.mil>
Date: Fri, 21 Jul 2006 11:45:00 -0400

At the end of the day, actually making a copy matters IMHO. I'd wager that a fair number of the original DVDs that CleanFlicks sent out with their derivative works ended up in the secondary market. What forms and verisions to release a movie in are the choice of the copyright owner. I believe that the ClearPlay model more closely approximates one person telling another "Watch the first 15 minutes. Turn the sound off for 12 seconds. Skip ahead to chapter 7."; Which I believe is a sort of reducto ad absurdum derivative work which should probably be a permitted fair use.

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From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Andrew SkinnerLopata Sent: Thursday, July 20, 2006 6:25 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Editing out offensive language from movies  

Agenbroad, James (Civ,ARL/CISD) wrote:

At the end of the day, I think we have a nice balance: ClearPlay is OK ; CleanFlicks is Infringing.

I am curious, why is ClearPlay OK and CleanFlicks is not (from a policy standpoint - obviously ClearPlay is OK because Congress says it's OK)?

Is it because CleanFlicks products (unprotected DVDs) make it easier for consumers to make copies and potentially infringe? Is it because there is no easy way to verify that CleanFlicks is buying one legit copy for each sale? Or is it merely because ClearPlay doesn't actually make a copy to work its magic? From the consumer's standpoint (and for that matter the content creators' standpoint) ClearPlay and CleanFlicks produce pretty much the same result. Why should the law treat them differently?

I'm generally in favor of technology that gives consumers more options, I'm just wondering what are the policy rationales.

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Andrew SkinnerLopata
Attorney at Law
270 Oakway Center
Eugene, OR 97401-5663
541.342.5587
asl[_at_]efn.org   

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Received on Fri Jul 21 2006 - 19:45:00 GMT