Re: Welles's "Touch Of Evil"

On 15, July 1998, James Rogers <jetan[_at_]ionet.net> wrote:
>
> In connection with the recent discussion of whether or not
> editorial arrangement, without original constituent elements being
> added, can itself stand as an original work worthy of copyright
> protection I note the following instance.
>
> As film fans may have heard, prior to Orson Welles's death, he
> left a very detailed set of notes specifying how he would have cut the
> film TOUCH OF EVIL. A version of the film has been edited in
> accordance with his wishes and is now slated for release. The new
> edit apparently adds no unreleased footage and subtracts nothing
> other than some of the music in the famous opening shot (probably
> the longest and most complex in film in history). The other changes
> are entirely a matter of the placement of the shots in relation to
> one another.
>
> The question therfore is... is the new cut a separate
> derivative work with protection dating from now, or is it simply the
> same thing as the old flick? How has this issue been treated in the
> past, as in so-called "director's cuts" available on videotape, the
> STAR WARS reissue, and the current digitally enhanced GONE W/ THE
> WIND? Does it make any difference that the new edit only realizes
> the dirctor's original intent?
>
> In the coursepacks thread, I have expressed my distrust of
> editorial function providing an extra term of protection. However,
> film editing cuts pretty close, in my opinion, to the core of the
> issue... but there seems no logical reason why film should be
> treated diferently than Shakespeare's prose.
>
> Maybe this is a "no-brainer" but I would be curious to know
> what you folks think.

Actually, every frame of the original negative is technically a separate photographic work, acquiring copyright when it was exposed in the camera. The "film" needs no additional protection (and cannot acquire any) as it uses the same frames. The story, characters, images, and music constitute another work (the photoplay).

Michael A Scarpitti
Assistant Editor
Materials Evaluation
1711 Arlingate Lane
PO Box 28518
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<mscarpit[_at_]asnt.org> Received on Thu Jul 16 1998 - 15:02:03 GMT