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This Decision Could Be ... - 2/27/2014 5:59:32 AM   
DaddySatyr


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This has been dressed up as a "copyright" issue but I'm unaware of too many un-known, on-their-way-up actors that have copyrights on the films in which they appear.

For those too lazy to click a link, an actress claims that she acted in the controversial movie being told it was for a different project. Maybe "breach of contract" with a suit aimed at the film maker might have been more apropos?

Youtube has said that removing the video violates the right of free speech.

If this decision holds, I look forward to anti-Christian videos being removed, also and anti-RNC videos and anti-Wrong-For-Life videos ...

Innocence of Muslims





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RE: This Decision Could Be ... - 2/27/2014 6:13:55 AM   
Tkman117


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Status: offline 		You're going down a slippery slope argument bud. Youtube has the right to remove videos they think are disingenuous or violates free speech. Did it violate free speech? Well think of it, if the actress was in a film that she thought was something else, then her right to freely express her opinions through a video have been repressed. By acting in a video, you could say your opinions reflect that video, because you had the option to take part in it or not. If she was in this video, and her opinion and free speech rights didn't actually reflect what the final version was, she has a bit of a case to make but it's not entirely unwarranted.

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RE: This Decision Could Be ... - 2/27/2014 6:19:53 AM   
DomKen


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Status: offline 		Welcome to the morass that is US intellectual property law. She likely has a case. Her performance, as a stand alone object, is subject to copyright. So if the film's producer did not obtain a  valid release from her she retains control and any release she may have signed would have been under false pretense and therefore almost certainly ruled null and void by the court.

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RE: This Decision Could Be ... - 2/27/2014 6:22:40 AM   
thishereboi


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quote:

ORIGINAL: DomKen

Welcome to the morass that is US intellectual property law. She likely has a case. Her performance, as a stand alone object, is subject to copyright. So if the film's producer did not obtain a  valid release from her she retains control and any release she may have signed would have been under false pretense and therefore almost certainly ruled null and void by the court.




I really hope you are right and she does have a case. I would be pissed as hell if someone took a film clip of me and used it in some hate video like this.

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RE: This Decision Could Be ... - 2/27/2014 6:28:34 AM   
Yachtie


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quote:

ORIGINAL: DomKen

any release she may have signed would have been under false pretense



Would have to see the release(contract) to know its content. You may be correct. If her employment contract was for X but used for Y, she might have a case. If such were "for any, if even a one time, use," she has nothing.

It's not about the video itself. It's about her (the Plaintiff) contract.

The plaintiff, Cindy Lee Garcia, had objected to the film after learning that it incorporated a clip she had made for a different movie, which had been partially dubbed


It's possible the producers could edit her out and re-release. Of course, any claim to damages she may believe she's incurred would be another matter.

< Message edited by Yachtie -- 2/27/2014 6:31:14 AM >

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RE: This Decision Could Be ... - 2/27/2014 6:36:31 AM   
DaddySatyr


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quote:

ORIGINAL: Yachtie

Would have to see the release(contract) to know its content. You may be correct. If her employment contract was for X but used for Y, she might have a case. If such were "for any, if even a one time, use," she has nothing.

It's not about the video itself. It's about her (the Plaintiff) contract.

The plaintiff, Cindy Lee Garcia, had objected to the film after learning that it incorporated a clip she had made for a different movie, which had been partially dubbed



Yeah, I'd like to see the release. Like you say; if she was told it was for a movie that was "pro"-Jesus and it wound up, here. That's not good.

I've only ever had to sign four releases; one because I won a radio call-in contest (but they still wanted the right to use my image for promotional reasons).

One was for videos that were also going to be partially owned by me and I would have had a very good amount of control over them.

The other two were for televisions shows. They allowed me no rights, what-so-ever vis-à-vis the "performance".

By the time the second occasion came around, being an "old pro" at this type of thing, I went through the filming of the entire episode and then refused to sign the release at the end.

Fuck 'em and feed 'em green beans!





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Screen captures (and pissing on shadows) still RULE! Ya feel me?

"For that which I love, I will do horrible things"

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RE: This Decision Could Be ... - 2/27/2014 8:14:23 AM   
Owner59


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Status: offline 		Considering the damage is already done......what does it matter now?

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RE: This Decision Could Be ... - 2/27/2014 6:05:54 PM   
TheHeretic


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Status: offline 		I saw this story prior to your thread, and probably would have started one myself later this evening.

It's an interesting question. Not only did he not get all the usual legal release paperwork completed, but he dubbed in audio radically different from she provided in her performance. It was employment, there is no way to call it news and she isn't any sort of public figure.

What I don't know is if the ruling would allow the producers of the film to mask her identity digitally, and put the film back on Youtube for no one to watch.

It's how we approach the speech that everyone despises, that determines where we really stand on free speech.

I'm interested to see more discussion of the topic, from intelligent, rational, posters.

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RE: This Decision Could Be ... - 2/27/2014 6:10:36 PM   
Owner59


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Freedom of speech?



Maybe get some more Americans killed......


< Message edited by Owner59 -- 2/27/2014 6:11:40 PM >

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RE: This Decision Could Be ... - 2/27/2014 8:21:58 PM   
DaddySatyr


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quote:

ORIGINAL: TheHeretic

I'm interested to see more discussion of the topic, from intelligent, rational, posters.



We can always live in hope, Rich!





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A Stone in My Shoe

Screen captures (and pissing on shadows) still RULE! Ya feel me?

"For that which I love, I will do horrible things"

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RE: This Decision Could Be ... - 2/27/2014 9:07:56 PM   
TheHeretic


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quote:

ORIGINAL: DaddySatyr

We can always live in hope, Rich!







It's a curse.

I'm torn on this one. She got suckered into being part of an extreme form of expression. Her performance was altered without her knowledge or consent. She has had death threats (with the Theo Van Gogh murder, those must be taken seriously). It seems quite reasonable that she wants the hell out of this thing.

On the other hand, she's an actress, she took the job, and even with all the rotten shit associated with this video, it is not a crime to make a movie that says things designed to offend and outrage. If the "artists" want their work where it is available to be seen, then finding a clever way to censor it is still censorship.

We've already seen this administration find a way to lock up the guy who made a movie they don't like. Finding a way to lock the product away too doesn't sit comfortably with me.

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If you lose one sense, your other senses are enhanced.
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RE: This Decision Could Be ... - 2/27/2014 9:08:57 PM   
Owner59


Posts: 17033
Joined: 3/14/2006
From: Dirty Jersey
Status: offline 		A few posters w/ some balls....... would be a change......

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RE: This Decision Could Be ... - 2/27/2014 9:12:27 PM   
TheHeretic


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quote:

ORIGINAL: Owner59


Freedom of speech?





It's an American thing. I wouldn't expect you to understand.



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If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


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RE: This Decision Could Be ... - 2/27/2014 9:24:07 PM   
DomKen


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quote:

ORIGINAL: TheHeretic
We've already seen this administration find a way to lock up the guy who made a movie they don't like. Finding a way to lock the product away too doesn't sit comfortably with me.

You mean lock the guy up for probation violations which he is already out of jail for. But don't let the facts get in the way of your paranoia.

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RE: This Decision Could Be ... - 2/27/2014 9:34:42 PM   
Owner59


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quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: Owner59


Freedom of speech?





It's an American thing. I wouldn't expect you to understand.





And getting Americans killed is a republican thing......we all understand...


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RE: This Decision Could Be ... - 2/27/2014 9:38:27 PM   
Owner59


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quote:

ORIGINAL: DomKen

quote:

ORIGINAL: TheHeretic
We've already seen this administration find a way to lock up the guy who made a movie they don't like. Finding a way to lock the product away too doesn't sit comfortably with me.

You mean lock the guy up for probation violations which he is already out of jail for. But don't let the facts get in the way of your paranoia.



Why do these rightist-cowards need to lie,instead of arguing on the merits?

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"As for our common defense, we reject as false the choice between our safety and our ideals"

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RE: This Decision Could Be ... - 2/27/2014 9:49:44 PM   
TheHeretic


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quote:

ORIGINAL: DomKen
You mean lock the guy up for probation violations which he is already out of jail for.



Why yes, Ken. Very good. That was exactly the avenue that was used to put the filmmaker in jail. He violated his probation.

Of course, I notice the inconvenient fact that it happened while the governor was dumping felons onto the streets daily with non-revokeable parole somehow doesn't enter your calculations.

For those who care about freedom, who remember their oath, whose core values don't drift in the wind and vary by what it says today on the talking point email, this sort of thing is troubling.



_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


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RE: This Decision Could Be ... - 2/27/2014 10:06:59 PM   
DomKen


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quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: DomKen
You mean lock the guy up for probation violations which he is already out of jail for.



Why yes, Ken. Very good. That was exactly the avenue that was used to put the filmmaker in jail. He violated his probation.

Of course, I notice the inconvenient fact that it happened while the governor was dumping felons onto the streets daily with non-revokeable parole somehow doesn't enter your calculations.

For those who care about freedom, who remember their oath, whose core values don't drift in the wind and vary by what it says today on the talking point email, this sort of thing is troubling.



It was a federal probation violation. State prison crowding really doesn't matter. of course that fact just gets in the way of your paranoid conspiracy theorizing.

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RE: This Decision Could Be ... - 2/27/2014 10:24:52 PM   
TheHeretic


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From: California, USA
Status: offline 		The repeated use of a buzz-phrase in your post isn't very subtle, Ken. Anyone with a lick of sense, or a soul, knows what it means.

Go ahead and make up stuff to your hearts content, but I'd suggest reading your links this time. The gov't found a way to lock him up. Liberals everyhere must be so proud.

Have an itchy night.

_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


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RE: This Decision Could Be ... - 2/27/2014 10:53:22 PM   
MrRodgers


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quote:

ORIGINAL: TheHeretic

The repeated use of a buzz-phrase in your post isn't very subtle, Ken. Anyone with a lick of sense, or a soul, knows what it means.

Go ahead and make up stuff to your hearts content, but I'd suggest reading your links this time. The gov't found a way to lock him up. Liberals everyhere must be so proud.

Have an itchy night.

Yes, do the dems know a bit about this stuff ? Of course but even after 8 years of Clinton and 5 of Obama, they are still playing catch-up to the repubs. Let's add up the money for warmongering, the dead, the borrowing, then the indictments and of course the all too necessary pardons...the repubs are real pros.

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