
Hollywood may know how to make incredible (and horrible) movies, but one thing it struggles with is meeting the needs of the general public.
This was made readily apparent last week when a federal judge issued a ruling against companies that remove potentially offensive material such as nudity and profanity from movies. Saying that edited movies violate copyright laws the judge ordered companies such as CleanFlicks to stop editing movies and hand over their edited movies to Hollywood's major studios. (I disagree with the judge's ruling, but that's another column.)
The fact that the major movie studios fought businesses such as CleanFlicks with lawsuits instead of beating them in the marketplace shows how out of touch directors and studio executives are when it comes to widening its audience and making peace with parents concerned with the increasing violence, profanity, nudity, and sexual content.
So, this means the opposite must be true, too? If I don't like that the newest "left-behind" movie has an overtly hostile message towards non-christians I should be able to resell it with added violence towards the protagonists. I also really like cursing in my movies. Can I add a bunch of that? And then I want to sell it without changing the title. My version will still be called "Left Behind" and it will still claim to be directed by (whoever directed the movie) and produced by (whatever studio release it).
A valid argument must now be made that people who produce Christian (and/or family oriented) movies ought to capitalize on a market that doesn't like those by producing a version for people who enjoy movies with nudity and violence and language. Because -- artistic expression is all about satisfying every market that you can -- even if it violates the point you're trying to make.
It's unfortunate that the studios are so near-sighted that they can't see this same possibility with edited versions of their movies.
No, it's unfortunate that this guy doesn't know what he's talking about. Wal-Mart sells edited versions of movies. TV shows edited versions of movies. Airplanes show edited versions of movies. The difference? The people that edit these movies do so "through" the studio that owns them. The studio that owns them has oversight on it's intellectual property. Cleanflix thinks it operates outside the law because they are giving "some people" something they want. Wanting something is not the same having a right to it.
However, appealing to the widest possible audience isn't something creative types like to do.
Nor should it be. I would point out that few things in life appeal to the widest possible audience. (Christianity certainly doesn't.) Still - people who make films have something particular to say and changing the way the say it is akin to changing what they've said. Doing so without their permission isn't legal.
Yet directors often release "unrated" or "director's cut" editions of their films once they're released on DVD. Apparently the artistic integrity of their movies is enhanced so long as the gore, profanity, sex, and nudity, are added to rather than removed.
This guy misses the point completely. The director is -in control- of a directors cut. (Or, at least -- the studio that owns the intellectual property rights is in control. Cleanflix takes that control away from them.
The popularity of CleanFlicks and other retailers should be a wake up call to the movie studios that there's a huge, untapped market for cleaned up versions of its movies.
I doubt it. I bet Cleanflix doesn't put a dent in the earnings.
Hollywood is often accused of being out of touch with mainstream America.
In some ways they are. This is not one of them. Using a common criticism of Hollywood to justify illegal behavior is irresponsible.
So, this means the opposite must be true, too? If I don't like that the newest "left-behind" movie has an overtly hostile message towards non-christians I should be able to resell it with added violence towards the protagonists. I also really like cursing in my movies. Can I add a bunch of that? And then I want to sell it without changing the title. My version will still be called "Left Behind" and it will still claim to be directed by (whoever directed the movie) and produced by (whatever studio release it).
A valid argument must now be made that people who produce Christian (and/or family oriented) movies ought to capitalize on a market that doesn't like those by producing a version for people who enjoy movies with nudity and violence and language. Because -- artistic expression is all about satisfying every market that you can -- even if it violates the point you're trying to make.
Hey, that's an interesting point, but it's not the same - if I add something to a film, then I am adding something the director never intended, but if I take something out then we're still left with what the director or film studio intended. But what's to say you can't do that so long as you don't misrepresent the film as being unmodified. You should be able to open up an entire chain of video stores renting out films that are even more vulgar violent and pornographic than the originals. I don't think that that store would profit, but you should be free to do so.
Wrong!
Taking something away from a creative effort is just as bad as adding something. It can change the final product (and it's meaning) as much as anything else you will do to it.
Sure it can change the meaning, but not nearly as much as adding something that was NEVER meant to be in the film. When someone censors the film or when the film studio censors a film or when a director censors their own film, they end up with a product that is close to the original product.
In all 3 cases they end up with the same overall message. There are films, however, that can not be edited however because their overall message is offensive. My understanding of cleanflicks and others like them is that they don't edit such films.
Editing a film changes the tone of the film, but seldom changes the meaning. It is almost impossible to completely change the meaning of a film simply by taking out a few objectionable scenes and language.
By taking something -out- you are adding something -- your own thoughts on how the artist in question should express him or herself.
And you "can" change a film completely through editing portions out.
Using a common criticism of Hollywood to justify illegal behavior is irresponsible.
I'm not sure what is illegal about editing a dvd for my own personal use. Maybe I just haven't read or understood all of the intellectual property laws. But it is my understanding that governments are created to protect 'life, liberty, and property'. If it's my property, I believe I can burn it, watch it, cut it up into little pieces and eat it if I so choose. Or would I have to ask the director/studio first?
Did you mention anywhere in your comment about "profiting" off of your decision to do so?
Because -- that's what cleanflix does. Purchasing products (like movies and songs) means that you purchase the right to watch or listen to it. You do "not" purchase the right to edit it and then re-market it.
If you think that's stupid - fine. But it "is" currently the law.
So, if my company purchases the video and rents it out to customers for a fee, that is illegal?
Yes. So long as your company didn't purchase the right to do so.
I think the point of the article is that 1) Hollywood is stupid for not offering other versions of their films and could reduce the amount of criticism they receive from parents and other groups about the content of the movies and make more money. 2) Directors (or the studios – whoever is in charge) are hypocritical when they sell edited versions of their films to television or airlines but refuse to make these versions available to the general public. (And no, Brian, Wal-Mart does not sell edited versions of movies.)
Though it sounds like the author disagrees with the judge's ruling about CleanFlicks, he isn't defending their business practices or saying that they isn't violating the law. Instead he's pointing out that Hollywood could put places like this out of business if they'd realize that there are people who want to see sanitized versions of their movies. He's advocating a market-based approach to the problem – one that Hollywood could easy take if it chose to do so. I think he raises an interesting question as to why the studios haven't done this.
Mr. Levski,
I think your right on. Part of the reason the studios haven't responded to this market is most likely because of the director's guild complete opposition to the 'editing'.
On a side note I find it very interesting that Pearl Jam releases 'bootleg' version of their own concerts. They make them available to the public within days after the show. This band has responded to the market and made it unnecassary for individuals to bootleg Pearl Jam's concert. This is very smart. By purchasing the 'offical bootleg' from PJ you get the best quality recording and a great price. Ingenious!
As a PJ fan who is familiar with "why" they do this I think your decision to use them as an example undermines your argument:
They did it because people were releasing material that misrepresented the band in quality. They did it so that -they- could control the output and take control out of the hands of bootleggers.
Hollywood "does" do this when they have to -- when movies are on TV and/or when they're on airplanes, etc.
And I also promise you that if people were releasing bootleg albums of PJ songs with certain curse words and/or lyrics cut out and selling them (for profit or not) PJ would (rightly) stamp out the offenders through legal action.
Hollywood "does" do this when they have to -- when movies are on TV and/or when they're on airplanes, etc.
WRONG!
Hollywood does not "have" to air movies on TV or airplanes. Where's their artistic entegrity? I guess artistic entegreity doesn't apply if someone pays enough money.
They can simply refuse to show their film, but they don't. Perhaps what they don't like is someone else making money or they just don't like cleanflicks and others.
Again, I think the point of my example was missed. The point being the band Pearl Jam has released the bootleg version in response to their fans. The fans want a good quality copy of the concert. Forget the curse words or lyrics for a second, PJ is creating value for their audience. Why don't the Hollywood Studios respond to the request for clean version of movies, much like they do for TV, Airlines, etc.
Hollywood "does" do this when they have to -- when movies are on TV and/or when they're on airplanes, etc.
When they 'have to'? Who is forcing them to release the movie to TV or airlines? What government agency is putting a gun to their head? Not a single one! They release these versions when they choose to. Most of this country is still free.
Look, as an 'artist' I want to have control over a certain aspect of my work. But in my field, it's all about what the client wants, otherwise I'm out of a job. Fine art is the realm of the individual, but when work is produced for others, the person or entity who commisions it remains in control. My biggest beef is the film studios have a double standard, by showing sanitized versions in the various places we've discussed. I simply want to see the studio take control of the 'quality' of a sanitized version, or let me do have my own way with my own legally purchased copy (empasis on copy, not original work of 'art'). Remember the constitution, and the whole property rights thing? Thought so.
Perhaps what they don't like is someone else making money or they just don't like cleanflicks and others.
That seems reasonable to me. Why "should" someone make money off of something I created -- especially when there are laws intended to prevent that from happening.
The fact that "I" created it means that I can sell it in any form I want to.
Just because you think you've found a hypocrisy in their actions doesn't mean you've negated the fact that what cleanflix is doing is a violation of current laws.
Why don't the Hollywood Studios respond to the request for clean version of movies, much like they do for TV, Airlines, etc.
Do you think Pearl jam would respond to a request for "clean" versions of their songs?
I'm merely saying that the analogy you make isn't the same because releasing bootlegs of "intact" songs is not the same as "other people" releasing versions of your intellectual property with modifications that you did not approve and then selling it for profit.
When someone sells something they lose control of that. They have received something they valued more than the movie or control over that movie in exchange for it. They have received my money.
If you sell a car, you can not tell the buyer that they can not paint their car, change the tires, etc. etc. The buyer can then rent the car to others or turn around and sell it. The same is true with a copy of a movie. The director or movie studios have no business telling me what I can do with my property. If they don't like it then they should keep their movies and I'll keep my money!
If Cleanflix was violating current law, we need to change the laws, but what we have here is a bad decision that will hopefully be over-turned soon.
When someone sells something they lose control of that.
No, they don't. That's what you would "like" to have happen. It's not what copyright laws say will happen, though.
The same is true with a copy of a movie.
No. The same is true with the "original version" of the movie and any "duplicate" copies of it you may have backed up under the guidelines of fair use.
If they don't like it then they should keep their movies and I'll keep my money!
No -- if "you" don't like it you should keep your money. I happen to be fine with it and will continue to spend my money on movies that I like and "not" spend my money on movies I don't.
When someone sells something they lose control of that.
No, they don't. That's what you would "like" to have happen. It's not what copyright laws say will happen, though.
I'd like to read what the copyright law actaully says about this. I don't think you're using facts but rather your opinion of what you'd like copyright law to be.
Also you're missing the point here. They are selling a "copy" of a movie, not the original. You could argue that there is a public interest even if the original were sold to keep it in tact, but we're not talkign about that here. It's like a book - I am able to tear pages out of a book that I buy and then resell it as "improved" if I choose. If the "improved" book sells, this should send a message to the author that they could do something different that would increase their audience instead of taking offense.
I have a lot of experience with copyright law and if there is no contract signed when something is sold then they give away control of that copy. A contract can specifiy usage, but that's not the case here.
They have sold control of that particular copy of that particuar movie. If the movie is not misrepresented as the original version then the movie makers don't have any case when it is re-sold.
I am able to tear pages out of a book that I buy and then resell it as "improved" if I choose.
That's news to me. And probably also news to a lot of authors.
Where do you draw the line. I rent a video that has had several hours of graphic design work done for the amaray case that the DVD comes in.. Then blockbuster sends me a flimsy little package that doesn't showcase any of the artwork that the studio spent much time and money on to develop and market.
So we can whine about digital and intellectual rights. I personally believe this is a new generation of media and the big wig studios definitely need to rethink their copyright requirements. And as far as I understand the law on intellectual copyrights and what you can or cannot do with them is very hazy with several gaps and unanswered questions..
It is the digital era, time to rethink how media is to be delivered and managed. WAKE UP AND TURN YOUR BRAINS ON!!
Where do you draw the line.
You draw the line as soon as one company decides to take the process into their own hands without having the legal right to do so.
Just because it's a new way of delivering the media does not mean that people should now have the right to alter intellectual property and profit by those alterations.
In the UK at least, the copyright holder (unless they specifically allow it) has final say over the content, yes, there is a certain amount of censorship at the state level (like all countries) but the company itself still reserves the right to say what goes out, if a third party steps in and does a hack job on your work (either adding or removing material from the original), they are in a whole world of hurt. As I understand it, in the US, if they are editing via a master DVD or similar, that would not only invoke various copyright law, but the DMCA itself (since they would be classed as illegally circomventing copyright protection)..
You're (all) missing the point. ALL censorship is inherently evil and undermines artistic integrity -- which, by definition, is to remain true to the artist's original intentions. ANY censorship, editing, etc. that the artist doesn't do or explicitly approve of is nothing more than cultural rape. A gray area of censorship leads to a black hole of culture.
Here here.
That's a moot point since they allow their work to be censored for TV or airlines. Besides if their artistic endeavor is so sacred then why is there a theatrical version and also a director's cut or a uncensored/unrated version? If their artistic integrity is so important then why the need to release 2 versions of the film? It seems rather 2 faced.
I'm done discussing this in this forum. Look for an article that lays down the law on why this is wrong at my column in the near future.
I look forward to it. I'd love to take the time to dig up exactly how wrong several people in this discussion are regarding IP and copyright law, but I haven't the time.
Regarding whether Hollywood *could* make more money be selling self-censored versions of their films, of course they might, but since they own the rights to their own works, it is completely legal, and given the artistic nature of (some) films, a perfectly logical choice to *not* sell censored versions of their films.
I'm confused as to what the author and some of the people here are arguing. Hollywood studios are a business offering a product or service just like any other business. If they don't listen to their purchasing market they lose money or go out of business. I'd like for one person commenting here to say that the studios aren't making a @!$%#load of money as it is. If they want to ignore an entire market and miss out on even more money, that's their choice.
I think the idea is that elements of "Hollywood" (as though it's one monolithic entity, which is absurd) don't want their films altered by others who then profit off of the work. There's no indication they'll never offer something similar themselves.
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