Copyright, TV shows on DVD and Fair Use Rights

Hi:

I was here quite some time ago talking about my SCTV on DVD Campaign. In the end, the campaign was unsuccessful.

Now I do want to talk about another topic related to TV Shows on DVD in general and that is Fair Use Rights. Everyone needs to look at Section 107 of the Copyright Act to be informed.

http://www.copyright.gov/fls/fl102.html

The fact is that I believe many of us simply unaware of "Fair Use" Rights and what it really means for the studios who produce TV Shows on DVD.

DVD Studios essentially have the right to put short bits from films, music and any other kind of media into their programs for the purposes mentioned on the US Copyright Office Website:

Purposes that fall under the "Fair Use" Rights Act are:
criticism, comment, news reporting, teaching, scholarship, and research

I know that a show like SCTV could very well claim fair rights uses for the music used on the TV Show and in the DVDs, but there is nothing to prevent content owners from taking you to court. The onus is on the people who claim to have used said music, film footage, excerpts from a book, etc., to prove that they did indeed use the materials under "fair use" rights.

The sad fact is that "Fair Use" rights are difficult to define, although some who have quoted from another's works have won such cases.

Taking a look at the case of Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). You can read more about this at Wikipedia
http://en.wikipedia.org/wiki/Campbel...ose_Music,_Inc.

I have also written an editorial on my site about this important issue. I am not asking anyone to sign any petitions. I simply believe that people need to be informed, since everyone's fair use rights are so much at stake at this time.

http://www.runstop.de/bennysplace/sctv/editorials.html

Re: Copyright, TV shows on DVD and Fair Use Rights

I'm not sure I should even BEGIN to tear your faulted logic apart...
There are SO many holes in your "theory" that I don't know where to start.

The TV show SCTV was a commercial, for-profit venture. Period. EVERYONE on the staff and production crew received a paycheck. The production company received money from the syndication to networks. It was not a news program, review show, commentary program or literary discussion. There goes your Fair Use argument out the window. End of discussion.
:-)

Re: Copyright, TV shows on DVD and Fair Use Rights

I think the you may have misread the most important part of that:

"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research."

It would be find for a documentary, but not for SCTV.

Re: Copyright, TV shows on DVD and Fair Use Rights

It would even be fine for a documentary about SCTV. But not for SCTV itself.

Re: Copyright, TV shows on DVD and Fair Use Rights

You must understand. Copyright is NOT an absolute right. There are limitations to those who create works. Take the case of 2 Live Crew. They took the song "Oh, Pretty Woman" and performed a parody of it. AND they won!! The court found in favor of 2 Live Crew BECAUSE they used bits of the original song in a Parody! They also did not have any legal obligation to ask permission!

Read the section at Wikipedia on "Fair use and parody"
http://en.wikipedia.org/wiki/Fair_use

The above page is also an excellent general guide to Fair Use rights. There are also several misconceptions pointed out about copyright on this page. Since a parody or satire can be seen as a commentary or criticism of another person's work, then that qualifies as a Fair Use Rights!

You need to be informed and I don't know if anyone here has followed any of the links. You also need to read all of the articles to get the point.

Also, you and I as citizens are legally granted Fair Use rights as we speak! If I want to use a portion of a book, movie, song, etc and comment, criticize it or perform a pardoy of it, under Section 107 of the Copyright Act, I have a legal right to do so. There are of course limitations! I can only use enough of the original work in my parody to conjure up the original.

The fact that you do not believe that SCTV or a lot of other TV Shows did/do not have these rights shows that we do not know the law.

Another set of links:
http://www.utsystem.edu/OGC/intellec...y/copypol2.htm
http://www.law.duke.edu/cspd/artsproject/
http://fairuse.stanford.edu/
http://www.law.cornell.edu/uscode/ht...7----000-.html

These above links all state that everyone has fair use rights. This however, does not mean that content owners cannot take you to court. It also means that then onus is on you to prove that you did use someone eles's work under fair use laws and provisions if they do take you to court!

The court found in favour of 2 Live Crew even though they were being sued by the copyright holders for the use of "Oh, Pretty Woman" in their song! Check out this page at Wikipedia...

http://en.wikipedia.org/wiki/Campbel...e_Music%2C_Inc.

Everyone deserved to know about their Fair Use rights and that includes you and I.

Shawn

Re: Copyright, TV shows on DVD and Fair Use Rights

It does not always matter that the folks who produce a parody make a pofit. 2 Live Crew made a profit by performing a parody of the song "Oh, Pretty Woman" and made a lot of money AND the courst still found in their favor, since their use of the original song constituted a parody!

Shawn

Re: Copyright, TV shows on DVD and Fair Use Rights

A parody can be seen in the courts eyes as a comment or criticism. Since so much of SCTV was parodies and satires, the courts could fiind in their favor.

Shawn

Re: Copyright, TV shows on DVD and Fair Use Rights

It does not matter if it is a documentary, book, movie, TV Show, internet site, painting... anything. If you follow the guidelines of Section 107 of the copyright Act, you essentially have "fair use" rights.

The sad fact is that it is actually documentary film makers whose fair use rights are also being squashed. They may accidentally capture music playing on a TV set, a logo on someone's hat and could be sued, even though these "fleeting" moments of other people's logos, trademarks, etc., constitute as fair use!

An excellent page about documentary film makers and fair use rights!
http://www.law.duke.edu/framed/

Shawn

Re: Copyright, TV shows on DVD and Fair Use Rights

A good article on Parody and Fair Use
http://www.publaw.com/parody.html

This article also has a bunch of good links
http://www.jamesshuggins.com/h/oth1/parody.htm

Re: Copyright, TV shows on DVD and Fair Use Rights

Shaw, that's five posts in a row in just over an hour. Taken as a whole, they indicate that this thread is less about SCTV on DVD than it is about your personal interpretation of the copyright laws -- a subject on which, as you acknowledge on your website, you are not an expert.

Your website and related sites already provide an adequate forum for debating your theories, and there is no need for HTF to provide an additional venue. This thread will be closed. Do not start any more threads here on copyright laws or fair use, either generally or in relation to SCTV. Please contact me privately if you have any questions.

M.