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Court Rules Against Sanitizing Films
AP ^ | Saturday July 8, 9:52 pm

Posted on 07/08/2006 9:24:52 PM PDT by BenLurkin

SALT LAKE CITY (AP) -- Sanitizing movies on DVD or VHS tape violates federal copyright laws, and several companies that scrub films must turn over their inventory to Hollywood studios, an appeals judge ruled.

Editing movies to delete objectionable language, sex and violence is an "illegitimate business" that hurts Hollywood studios and directors who own the movie rights, said U.S. District Judge Richard P. Matsch in a decision released Thursday in Denver.

"Their (studios and directors) objective ... is to stop the infringement because of its irreparable injury to the creative artistic expression in the copyrighted movies," the judge wrote. "There is a public interest in providing such protection."

Matsch ordered the companies named in the suit, including CleanFlicks, Play It Clean Video and CleanFilms, to stop "producing, manufacturing, creating" and renting edited movies. The businesses also must turn over their inventory to the movie studios within five days of the ruling.

"We're disappointed," CleanFlicks chief executive Ray Lines said. "This is a typical case of David vs. Goliath, but in this case, Hollywood rewrote the ending. We're going to continue to fight."

CleanFlicks produces and distributes sanitized copies of Hollywood films on DVD by burning edited versions of movies onto blank discs. The scrubbed films are sold over the Internet and to video stores.

As many as 90 video stores nationwide -- about half of them in Utah -- purchase movies from CleanFlicks, Lines said. It's unclear how the ruling may effect those stores.

The controversy began in 1998 when the owners of Sunrise Family Video began deleting scenes from "Titanic" that showed a naked Kate Winselt.

The scrubbing caused an uproar in Hollywood, resulting in several lawsuits and countersuits.

Directors can feel vindicated by the ruling, said Michael Apted, president of the Director's Guild of America.

"Audiences can now be assured that the films they buy or rent are the vision of the filmmakers who made them and not the arbitrary choices of a third-party editor," he said.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; News/Current Events; US: Utah
KEYWORDS: busybodies; christianmedia; churchlady; cleanflicks; copyright; directorsguild; fairuse; film; hollywood; restrictchoices; richardmatsch; sanitize; secularselfrighteous; unelectedjudges; video
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To: BenLurkin

So, If I buy a book, edit out objectionable language, then resell the book, I'm breaking the law??? That's crazy ...


61 posted on 07/08/2006 10:16:58 PM PDT by 11th_VA
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To: Strategerist

Also, when you post, you might try a little more humility, and a little less arrogance.


62 posted on 07/08/2006 10:17:20 PM PDT by Binghamton_native
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To: Jotmo
That does make sense, but here is the problem. Let's say that this company does this, and someone buys the original and sends it in. The purchaser then gets his scrubbed movie back. What is going to stop him from burning a copy of that disc and giving it to his friends? Then his friends giving it to his friends? That is why musicians do not like their music being downloaded. Everyone can get their hands on it and they sell less CD's.

Although I like your approach, Copyright laws could still be infringed
63 posted on 07/08/2006 10:17:34 PM PDT by albyjimc2 (If dying's asked of me, I'll bear that cross with honor, cause freedom don't come free...)
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To: Strategerist

To be completely honest, I'm not comfortable with the examples you cite - probably because I know that there are degenerates who would do such things (though I haven't seen anyone actually doing it - so maybe there isn't much of a market).

But, if someone wants to buy a copy of a movie and pay for editing services on their purchased copy, then I have to say that I have no issue with that.


64 posted on 07/08/2006 10:19:16 PM PDT by poindexters brother
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To: albyjimc2
I believe you just explained to me what I just explained to you.

Um........no. Not to me.

Read what you copied me one more time, and notice the four words after the underlined statement..

They are saying removing/editing is causing injury to artistic expression of the copyrighted materials. In other words, you have to watch the gratuitous crap in it, not just the clean parts.

Lets say that I buy a book and it has steamy sex and language and I black it out. Later, I sell it in a yard sale. Am I causing injury to artistic expression of the copyrighted materials?

65 posted on 07/08/2006 10:19:44 PM PDT by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: 11th_VA
That's right.

I guess Cliff's Notes better be watching its six.

66 posted on 07/08/2006 10:19:45 PM PDT by JCEccles
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To: albyjimc2
No different than someone making copies of the original, and giving them to friends. You simply are not allowed to copy and give away copyrighted material.

Any copies you make, or have someone make for you, are for your personal use only. Just like it is with the original work.

No problem.

67 posted on 07/08/2006 10:23:37 PM PDT by Jotmo (I Had a Bad Experience With the CIA and Now I'm Gonna Show You My Feminine Side - Swirling Eddies)
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To: Binghamton_native
You know absolutely for a fact that CleanFilms did not have an agreement with the copyright holders? Since I am a member of CleanFilms, I will be waiting to see what they have to say.

As, noted this was a horrible AP article; if you google the history of this story, you'll find these various Utah groups started doing this completely on their own and with NO agreements at all with the copyright holders, and the various lawsuits started flying virtually immediately.

68 posted on 07/08/2006 10:23:56 PM PDT by Strategerist
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To: BenLurkin

I have to side with the studios too...if these guys want to watch an edited movie then they can wait until it's shown on TV. As someone who likes to write, the idea of someone taking my work and editing it and then selling it without my permission is something that I would take great offense to. Especially if it's for somebody else's agenda, no matter how well intentioned.


69 posted on 07/08/2006 10:30:31 PM PDT by WestVirginiaRebel (Common sense will do to liberalism what the atomic bomb did to Nagasaki-Rush Limbaugh)
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To: DJ MacWoW
Lets say that I buy a book and it has steamy sex and language and I black it out. Later, I sell it in a yard sale. Am I causing injury to artistic expression of the copyrighted materials?

Not a comparable example. A better example would be you purchasing 1,000 copies of a book, digitizing it, then editing out the naughty parts, destroying the original books, and then printing and selling or renting the 1,000 copies of your new version of the book, all without consulting the author or publisher.

Seems a pretty blatant violation of copyright there.

70 posted on 07/08/2006 10:30:54 PM PDT by Strategerist
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To: DJ MacWoW
"...IN THE COPYRIGHTED MOVIES"

Does it make sense now? I am getting rather irritated arguing a case that is blatantly right yet people will refuse to believe it because of "a liberal agenda." Some things are done because our great country has laws. We whine about how liberals want things changed to fit their own agenda, yet on this very thread I am witnessing hypocrisy on precisely the same concept!

Lets say that I buy a book and it has steamy sex and language and I black it out. Later, I sell it in a yard sale. Am I causing injury to artistic expression of the copyrighted materials?

Lets make this into a real question to give it value in an argument, then get back with OK?

Let's say that I buy a book and it has steamy sex and language and I black it out. Later, I write 100 more books with the content edited out, and I sell it in a yard sale. Am I causing injury to artistic expression of the copyrighted materials.

The whole point is copyrighted materials. If we are using your question, that book has already been paid for. You can black out the whole thing if you choose to do so. But I believe my question will help us compare apples to apples in this scenario.

I have a question for you now, Did OJ kill Nicole?
71 posted on 07/08/2006 10:32:41 PM PDT by albyjimc2 (If dying's asked of me, I'll bear that cross with honor, cause freedom don't come free...)
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To: Strategerist

You beat me I answering, but I stated the exact same thing. the scenarios are just not comparable.


72 posted on 07/08/2006 10:34:33 PM PDT by albyjimc2 (If dying's asked of me, I'll bear that cross with honor, cause freedom don't come free...)
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To: albyjimc2
I am getting rather irritated arguing

Then why are you on a board to debate?

73 posted on 07/08/2006 10:36:16 PM PDT by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: albyjimc2

Heh....we almost came up with the same example.

One thing to note is that I have little doubt that with a market now demonstrated, you will see studio-produced and legal sanitized versions of DVD movies sold in Utah and other areas with a demand for this in the future.

However, directors and producers will have the option of negotiating permission to do such a thing with studios, as I'm sure they do with permission for the rights for edited airline and TV versions - I'm sure there are directors that have in their contracts that no edited TV or airline versions of their films are to be produced (likely at a serious penalty to their moneymaking ability), but most likely don't.

The key thing is who has the right to make the decisions..the copy "right."


74 posted on 07/08/2006 10:36:32 PM PDT by Strategerist
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To: Strategerist
Not a comparable example. A better example would be you purchasing 1,000 copies of a book, digitizing it, then editing out the naughty parts, destroying the original books, and then printing and selling or renting the 1,000 copies of your new version of the book, all without consulting the author or publisher.

Sounds good to me. ;)

Actually, if Hollyweird did this themselves, more of us might buy their trash.

75 posted on 07/08/2006 10:40:16 PM PDT by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: DJ MacWoW

OK, are you related to Chris Matthews? Why don't you quote the whole thing I said.

"I am getting rather irritated arguing a case that is blatantly right yet people will refuse to believe it...."

I like how you refuse to answer anything I posted, you just do a horrible job of quoting me. I think MSNBC is taking applications.


76 posted on 07/08/2006 10:40:29 PM PDT by albyjimc2 (If dying's asked of me, I'll bear that cross with honor, cause freedom don't come free...)
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To: albyjimc2
The basic question here is this.

Am I allowed to alter my personal copy of any copyrighted material? Yes or no?

If yes, then I also have the right to contract with someone else to alter my personal copy for me.

If no, the the next step is to outlaw DVD players with mute, FF, and skip scene buttons. Your only option is to turn it off and take out the disk. I know that sound nuts, but that is where this idiotic drek will lead us.

77 posted on 07/08/2006 10:40:44 PM PDT by Jotmo (I Had a Bad Experience With the CIA and Now I'm Gonna Show You My Feminine Side - Swirling Eddies)
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To: albyjimc2
Whether these discs are sold on the street in New York, or at a video store in Utah, they are still considered "bootleg copies" because they are not sold by the original company who put them out on disc (or VHS). You cannot burn DVD's or CD's and sell them. It is against the law and way you slice it.

They are sold in a two-pack with the original included. The studio loses nothing.

78 posted on 07/08/2006 10:43:10 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: DJ MacWoW
This, because of its irreparable injury to the creative artistic expression, from the article is a load of hooey!

Indeed! Because the artists allow the exact same cuts when the movie is shown on network TV.

79 posted on 07/08/2006 10:44:32 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Strategerist
It's still done without the permission of the director and the company that produced the movie. That's the whole point.

But when that movie is shown on network TV those exact same cuts are used and it does have the permission of the director and the company that produced it. Perhaps if they stuck a label on it and called it the "TV Version" or "As Seen on TV" would the be OK?

80 posted on 07/08/2006 10:46:56 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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