Jason_Els
Screenwriter
- Joined
- Feb 22, 2001
- Messages
- 1,096
quote:In 2001, the rights to many of Chaplin's films became available. Several companies vied to license them. The Chaplin estate chose the Parisian company MK2, which holds the rights to the films for 12 years. With distribution through Warner Home Video, in 2003 MK2 began releasing The Chaplin Collection
-The DVD Journal
Legally? No. Warner appears to have legitimate legal rights.
Ethically? No. Once an artist submits work to public exhibition then it becomes open to criticism and the artist, depending on the reception of the work, has to endure the stings or enjoy the accolades. In Chaplin's case I would argue that if the estate gave its approval for the alteration then there's no leg to stand on. If Chaplin had never wanted this version shown then he should have ordered his estate not to do so in his will. If the estate has done something contrary to Chaplin's will then his heirs, if they have any rights, must take action.
In the case of Lucas's alterations to the Star Wars trilogy, I again state that Lucas doesn't quite grasp what he's started. Star Wars is his property. Other than licensed releases already legitmately sold to owners of the copies, he can do with the films what he likes.... legally.
Morally, Lucas is in a bit of a bind. He has created a cultural treasure beloved around the world and I believe he has an ethical duty to be a responsible custodian of his work.
Two years ago the Taliban destroyed the Bamiyan Buddhas in Afghanistan on the basis that they were idols and contrary to the Taliban's interpretation of religious doctrine. At the time, the Taliban were the government of Afghanistan and one could argue they were within their legal rights to destroy these ancient world-renown art treasures. Just as we could say the pyramids of Giza, the Sistine Chapel at the Vatican, the gardens of Japan, the Taj Mahal of India, are all fair game to their legal "owners". Now before you jump down my throat and say Lucas isn't just an owner but also a creator, let me state that the law doesn't give a whit about that. If you legally own a work, creator or not, it's yours to do with what you please.
Would you defend the right of those governments to destroy those treasures just because they are the legal owners? Would you believe that there is no stand on the part of others to be outraged at such an act?
About 10 years ago a Japanese businessman bought one of the Renoir-made copies of Renoir's Le Bal au Le Moulin de la Galette and announced that he wanted it to be cremated with him. The uproar in the art world immediately caused the businessman to apologize for not realizing the importance of the work and announced he would give it to a museum following his death. Crisis averted.
I think, if there are no legal limits, that there are moral limits to what an artist should be able to do with his or her work in some special circumstances. Star Wars doesn't exist in a vaccuum any more than the world treasures mentioned above. Altering such works must be done with grave care and forethought as they have exceeded the moral ownership of the artist and entered the rarified realm of cultural treasures that are beloved for their enrichment of the lives of mankind as a whole. I do not believe Lucas has that sense of custodianship. Star Wars has endured 27 years and shows no signs of waning as new generations discover its magic. It will surely outlast Lucas and he must look toward that time and understand that this work of art has outgrown his whims to become something shared very deeply by many others in the world and that he has a moral duty, as one human among billions, to allow his work, as it was created, to enrich the lives of those who are here and yet to come.