DARK SHADOWS FORUMS
Members' Mausoleum => Calendar Events / Announcements Archive => Calendar Events / Announcements '24 I => Calendar Events / Announcements '10 II => Topic started by: joe integlia on August 25, 2010, 09:36:49 AM
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I recently received a letter from a lawyer representing JONATHAN FRID. it was a request to stop selling the dvds i was offering recently of the 2010 ds festival. he objects to the performances of RICHARD III + THE GAME being included that he claims are copyrighted. i wrote back and offered to edit those parts out and frid would only be included in the handprint ceremony, the cast reunion and a q+a that took place after the RICHARD III performance. the lawyer wrote back saying that mr. frid also objects to the commercial exploitation of his performance at the cast reunion and other events at and in connection with the burbank festival. therefore, instead of editing the dvds even more, im just going to stop selling it entirely. ive taken down the website i was in the process of building for the festival. i will also be taking down the video on demand theatre i started. i know a lot of what mr frid is objecting to (especially the handprint ceremony) was a public event and he cant legally stop anyone from selling pictures/video but i would rather respect his wishes and stop selling it.
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ah, well.
Just curious if he can do anything regarding this board and his inclusion here?
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Well, that's a bitter pill, isn't it?
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Just curious if he can do anything regarding this board and his inclusion here?
Frid is a member of the forum and is well aware of what goes on here. [ghost_smiley]
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Well, that's a bitter pill, isn't it?
he's always been ambivalant about his part. I think this is the reason that show really tanked, with the whoel Bramwell thing. I know it was on it's way out, but I think that signed the deal. He was very poetic in his portrayal of Barnabas, (although sometimes the writers made him a bit whiney -- so he did his best), but I could see his desire to play other roles on the show, as I'm sure he had a range as big as the others. would love to see him in Shakespeare.
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(Actually the ratings rose during 1841PT - and they began rising in advance of the announcement that DS was being canceled - so it wasn't just people returning to see how the show was going to end. [ghost_smiley])
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"exploitation"?
what a diva.
mr. frid enjoyed a very brief and rather odd fame that came to an end 40 years ago.
if his remaining fans want to enjoy his participation in this festival i can't see how he could possibly object to it.
besides isn't an event in a public place like a hotel ballroom beyond copyright?
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*shakes head*
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besides isn't an event in a public place like a hotel ballroom beyond copyright?
It's not. Photo taking and videotaping have been banned at certain times at Fests for copyright reasons. And let's not forget that there was a huge bruhaha over '91's 25th Anniversary tape from MPI including Frid's reading of The Tell-tale Heart. So much so that the tape was pulled off the market and the majority of the contents of the tape only reappeared as part of '06's Vol. 26 of the MPI DVDs after restitution had been made and The Tell-tale Heart footage was edited out and replaced by footage of a Fest podium discussion by Frid about his history with DS.
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Actually, Mr. Frid has the right to control the "commercial exploitation" of his image, whether in video or photography, even if such media were acquired during a public event. Newscast and b-roll used to promote the actual event are one thing; sales by private parties of those images and video are another thing altogether. If Mr. Frid (and any of the other actors/writers/techs/etc. of the show) were negotiated with and properly compensated for such sales, then this sale of materials might be allowed. Sorry, but I have to agree that sales of pictures and video of the conventions and such is inappropriate and, possibly, illegal-- unless sanctioned by the promotors and participants in the event. (Why do I say this? I'm a union rep for actors [though not those represented by AFTRA, which covered DS], and this is one area I constantly have to police.)
Brian
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That's a shame. [ghost_sad]
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I think Joe should cut a deal with Frid, give him a percentage, and sell the discs.
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Thanks for the information, Brian; it's good to get it from somebody who's knowledgeable in the subject.
And it's also good to know that Frid still has teeth. I extend my commiserations to joe integlia, however.
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a lot of this could have been avoided if an anouncement was made about no videotaping allowed during what is considered a performance as has been done in the past. cutting a deal to share in the profits would not have worked because 1. i dont sell that many and 2. how could he monitor the sales? i would be honest about it but he would have to be a very trusting soul. i dont agree with the actors being able to control or object to pictures/video being sold from them being out in public especially if they are on the street like at the vista theatre. the paparazzi take and sell pictures/video of stars all the time and make a living selling the pictures to tabloids. theres a fan that photographed the d.s. stars in front of the abc studios. he has been selling photos for years at the fest and elsewhere.
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Part of what brings us to this place when Frid in particular has had footage of him at festivals sold without contest for two plus decades is that one or two fans over the past several years obtain and sell his one-man shows "underground" and make all the profit. Someone sells Frid's stage performance of Arsenic and Old Lace for forty bucks. He didn't get anything for that. Do you think Frid was happy about his work being sold by someone who made the money? It continues to be sold under the radar as do several of his one-man shows. When I warned people over the years to not condone fans who do this, this is the outcome I was trying to avoid. He's had enough.
Even if this guy were not a friend of mine, I would still say it's too bad a few people abused the copyright issue so badly that Frid now has to take a hard stand. It's really a shame.
Nancy
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Joe the best thing to do in the future is write to JF via the Visitor's Corner section on his website and ask permission before selling anything on video that features him.
a lot of this could have been avoided if an anouncement was made about no videotaping allowed during what is considered a performance as has been done in the past.
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Hi Joe sorry to hear this news. Thanks for all that u do .
Love Anne [ghost_smiley]
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Yes it is too bad. I used to be a fixture at the DS Festivals, but since I moved to Texas, I can't afford to go very often. Having the videos is a way to feel almost as if I were there. I still get a tad down the weekend of a Fest when I'm not in attendance. With luck, I'll be at the next one. I'm trying to go to all the five year milestones, with the next one being the 45th(???!!!!) anniversary. It would be nice to be a small part of the others I can't attend. Now they'll probably ban video recording altogether.
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i dont agree with the actors being able to control or object to pictures/video being sold from them being out in public especially if they are on the street like at the vista theatre. the paparazzi take and sell pictures/video of stars all the time and make a living selling the pictures to tabloids. theres a fan that photographed the d.s. stars in front of the abc studios. he has been selling photos for years at the fest and elsewhere.
Joe, with all due respect to your opinion as stated, stars (and non-stars, as most of the DS actors might be considered) and even you and I, do have the rights to control use of our image(s) when commercial (aka profitable) use of such images is considered. I can't speak for paparazzi...maybe they have specific rights due to their status and press credentials. But as a private citizen, it would not be within my rights to record in any media the image or audio/video performance of anyone else and sell that media for personal gain. Nor would anyone else be permitted to do the same with my media images. And, just becuase someone has done this and gotten away with it doesn't make it right.
Sorry, but that's the law, and, even more importantly, it's the moral way to handle this sort of issue.
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If I may say, I think it's unfair to call Mr. Frid a "diva" who enjoyed "an odd fame".
He's an actor who was cast in a failing network show & turned that show into a major hit.
Nothing to sneeze at, if you ask me!
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If I may say, I think it's unfair to call Mr. Frid a "diva" who enjoyed "an odd fame".
He's an actor who was cast in a failing network show & turned that show into a major hit.
Nothing to sneeze at, if you ask me!
Agreed.
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Not making any comment at all on the quality of Jonathan Frid's performance as Barnabas (which I think was extraordinary) but can we please move beyond the myth that he "rescued a failing show"? From posts shared here long ago, I recall that the ratings were pretty healthy during the Laura Collins Phoenix story and on into the run-up to the introduction of Barnabas. I think the dramatic spike happened in 1968--"that year of insanity" as people on the ground at the time remembered it. Or am I wrong?
I think a lot of actors don't care about videos of public appearances because they regard the distribution of same as free publicity. That clearly isn't the case here.
G.
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There are many actors out there who don't like the roles they have become known for. I understand from reading a book on I Love Lucy that Viviane Vance was very bitter about her fame as Ethel Mertz to the point of depression and therapy.
He just felt trapped in his role.
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My understanding is that the ratings went up enough during the Laura story to stave off the cancellation, and went up more during the Maggie in the basement story.
I discovered the show a week before 1795 began--as I recall, during 1795 my classmates & I were stunned by what we were seeing, and this is when the running home from school began.
According to A Hard Day's Fright, a New York Times story from July 1967, the show was already attracting quite a bit of attention because of the direction it was going in.
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frid has long stuck me as being somewhat diva-like. there are certainly worse things to be called.
besides i don't genuflect to the altar of frid. he's just an actor.
an actor who in this case is behaving with a considerable level of grandiosity. does he seriously think that there's going to be this huge run on his reading of richard the III?
i'm surprised there are those who find threatening fans with legal action to be gentlemanly behavior. he could be a bit more of a team player. if his DS co-stars(and yes,frid had CO-STARS,he didn't get on the set and act by himself for 23 minutes every day)don't mind their time at the fest being "exploited" why should he? it's a public event.
and yes,i guess i think playing a vampire on a soap opera and winding up a "tiger beat" heart throb at 45 could be considered somewhat an "odd" way to find oneself famous but whatever.
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I think the whole thing is so sad. I work with handicapped children for a non-profit and make minimum wage for it. I'm not tooting my horn or saying what I do is so noble, and if I wanted to I could move on and leave them behind, but what I'm doing specifically in my area (it's hard to explain, so just go with the flow) can find no one else to do it, so I hang around for the kids. No big deal. If someone used a photo or video of what I do would bring them some money, while advertising the importance of what I do (not the importance of what I am), I think that would be great. I would feel a deep appreciation even though I got nothing monetary out of it (and I could use that "monetary" - I'm trying to negotiate my property taxes, which I cannot pay).
I have the deepest respect for Mr. Frid. What he did on DS gave me a focal point on my childhood, not just something I enjoyed, but someone I could identify with because I also grew up as an "outsider" from the "norm" and it kept me going. I understand that when someone exploits someone to make money is wrong, and there need to be guidelines and even laws, but in this situation that is not the case. Someone simply wanted to provide fans with something that would make them happy. They're not trying to get rich off of someone.
Well, enough of my kvetching.
Gerard
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I can certainly see where Jonathan's reading of Richard III at the Fest could be classified as a performance, but is the game that much different than the 20 years of previous Fest tapes out there , including this year, of the stars reacting to scenes of themselves shown onstage?? I, too, am just sorry things got to this stage, too...
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I suppose you've already considered this idea, Joe, but I'm throwing it out there anyway, especially as I, too, was deprived of an opportunity to attend this past year and always appreciate anyone's good videos of things I have missed.
Have you tried suggesting to Mr. Frid (and/or his legal representatives) that in return for deleting the actual Richard III footage, but keeping the Q&A and handprint ceremony, you could make a donation to the charity of his choice from the proceeds (though I guess he would have to name the percentage)?
I don't know what you sell the DVDs for, but if it's an affordable loss to you (would this qualify for a tax deduction?), then you still get to sell your work, the fans can buy these mementoes, and Mr. Frid will have the satisfaction of helping whatever causes he still supports, as well as being generous and fair to people who have been loyal fans for over 40 years.
It would be win-win-win for all if it succeeded, but if not, at least then you could say you tried everything.
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its not a bad idea but there still the problem of who and how the sales would be monitored.
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I have a gut feeling that the attorney is egging this on--the attorney wants to make money too--I don't think Joe's videos are on Frid's personal radar.
Maybe we could all contact the attorney & say that Joe is providing a valuable service to fans who can't make the fests--some due to finances, some due to health problems.
Surely some kind of agreement could be reached.
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Frid is not the only DS actor who objects to the sale of his personal image and performances. Others gripe too, but they may be unwilling to rock the boat, and they probably don't have others around them who are willing to take on the issue as Nancy did for years as JF's producer, or have a handler during DS events over the past few years who happens to be a copyright attorney.
I'm sorry for what Joe experienced, but I think Nancy's suggestion that Frid be contacted through his site in advance of appearances sounds excellent. You can't rely on the Festivals to anticipate what he won't want sold.
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I think Nancy's idea is good too.
Leave no stone unturned.
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I have a gut feeling that the attorney is egging this on--the attorney wants to make money too--I don't think Joe's videos are on Frid's personal radar.
Maybe we could all contact the attorney & say that Joe is providing a valuable service to fans who can't make the fests--some due to finances, some due to health problems.
Surely some kind of agreement could be reached.
David, my personal belief (only!) about the situation is this: I'm guessing that the attorney did not make money, JF probably knows about the videos, and I doubt the issue is negotiable. But that's me.
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You may be right, Midnite. And that's sad.
I'm in fairly close contact with a fan who cannot attend Fests because she's a disabled shut in. She'd love to see Joe's videos and now can't.
)-:
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From posts shared here long ago, I recall that the ratings were pretty healthy during the Laura Collins Phoenix story and on into the run-up to the introduction of Barnabas.
I've wondered about this, too. After all, the series of paperbacks started before Barnabas and Frid hit the scene. I cannot imagine any publisher being interested in launching a line of books based on a failing television series. I suspect that the show's ratings history has been embellished over the years for dramatic effect.
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(The ratings history of the show has certainly been mythologized and outright misrepresented in many articles over the years, from saying it wasn't until after Barnabas' appearance that the show was renewed (when it had already been renewed during the Laura storyline) to saying the show was canceled because of poor ratings (when in fact the ratings were not only still quite acceptable, they were actually higher than they had been during Barn's first year). But then, what have we said about writers not checking their facts and simply rehashing what they've come across from less than reliable sources? ::) And. of course, the myth that's often still perpetuated to this day is so much more dramatic than the truth so, despite being untrue, it has its appeal...)
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[ghost_cool]
I think the day I started watching tipped the scales in the show's favor!
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I also agree that Nancy's suggestion is an excellent one, too, in case Jonathan decides to go to any future fests. I myself have been so glad to see happenings at the Fests I have had to miss, like JF's handprint ceremony at the Vista theatre (though I could have done without the accompanying guitar soundtrack, LOL!!)
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if he's having stuff sold like that without his permission, his performances ok than i can kinda see him get to a point where he said enough is enough. his lawyer is prolly the one who egged him on. but than i of course have no proof of that. i do agree that you should have just e-mailed him on his website ahead of time. but than how are you suppose to know he would react the way that he did?
anyways, i thought about your dillemma & oh sorry about my bad spelling. he he. anyways about who would monitor them?
well i didn't come up with an answer on that. but i did just think about this, if you were to make only like 200 for example & sell them to fans, on this site most likely. or to your friends as well. than maybe that would work? maybe suggest that?
& maybe have someone close to you who you trust keep track on who pays you & so on? or something like that.
anyways, really the rating were good in the Phoenix storyline were on? so my guess is that it really happened like this, rating wise i mean, when JF entered the show, he didn't save it as the media & everywhere promotes it. he gave it
international fame & the show i think did become a bigger hit. but ratings wise it took awhile before fans started tuning in.
i didn't know they had already been renewed when JF had been hired to do the show! & as for the decline my guess the reason people stopped watching was prolly when the film came out it was a horror film. & parents reaction was so fierce
& everything else that kids who were unable to get away with it were forced to stop watching the show. at least that's
my guess. it DOES amaze me though that out of all the soaps that were on back than, the ONLY one who still has every single episode with the exception of one episode is DS. the other shows when they taped them just taped over the previous days if i'm not mistaken. & didn't start saving them until either the 70's or the early 80's. i'm also surprised that
no other show has put out sets of their own for sale. starting with the the 1st episode that's around & not as best of dvd's or blue rays. & DS is the ONLY one so far who has done this. such as "Passions" since that entire show is avalible
you would think that they'd start with episode 1-40 to whatever the last episode was. ya know? anyways sorry about my rambling i'm half asleep. also how many people from the show are members here anyways? i didn't know that JF was a member.
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Although stars and non-stars might not be able to object to being photographed in public places (like outside the Vista Theater), the issue here concerns any person's right of publicity and privacy when his or her image is used for profit. Here's a link to a primer on some law in this area:
http://www.publicdomainsherpa.com/rights-of-publicity-and-privacy.html.
When others are selling your image without your knowledge or permission, you have no control over where your image may end up, nor are you compensated for such use. As a practical matter, however, some stars could decide that asserting and enforcing their publicity and privacy rights isn't worth the ire of their fans, so they simply (though not happily) look the other way. The publicity generated by the illegal sales may even be viewed as free publicity for stars who crave it but are no longer in the limelight.
Also, aren't the stars who participate in the fests compensated for their appearances by getting a percentage of the gate? If so, from a purely cold business standpoint, every sale of a video of a fest arguably means one lost ticket sale to that fest -- and, consequently, less compensation for the participating star. Thus, some stars will fight for every dime due them. Obviously, some fans could not have attended anyway due to health or financial reasons and would love a video copy, but the law tends not to favor them. As Midnite says, one could ask JF for advance permission, but it is doubtful he would give it. And even if he would consider giving it, the contract the videographer would have to sign would likely be on terms very favorable to the star and strict against the videographer (I'm straining not to say "draconian"). [ghost_grin] I suspect that if it even got this far, lawyers would be involved on both sides of the negotiations, and the videographer under consideration would no longer be an individual but rather a corporation like MPI.
Ben
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i still have not seen an explanation of how paparazzi can sell images and video of celebrities out in public to tabloids etc. i cant see them getting releases signed or asking permission from the stars they photograph/videotape.
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well man, my guess is nobody here known an explanation on that one. i agree with ya man, it's understanding if someone's image is being sold without their permission. since the peeps you mentioned get paid for taking celebs pics.
i've NEVER understood this either Joe. & celebs want permission & a piece of the commission as well. i can't the photgraphers
or however ya spell that? i just LOVE it when celebs just snap & hit them! [ghost_cheesy] but one thing i think is respectful though is Jon Bon Jovi who is the ONLY celeb that i know of who has this deal with them. where they can take as many pictures of him they want, but the deal is, no pics of his kids. i read this in an interview a couple years back that he did for "USA Today" & i was & am frankly STUNNED that they actually agree with his wishes ya know?
honestly when it comes to celebs i don't really need or care to know their EVERY SINGLE movement. wheather they are in the limelight anymore or not. or is this just me?
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or is this just me?
It's definitely not just you. I used to watch shows like Entertainment Tonight and Access Hollywood all the time - though that was back when their main focus was reporting actual entertainment news (i.e. long segments about upcoming movies, TV shows, etc. - for example, ET ran some great segments about the '91 DS series). But I haven't watched either in years - not since they've become almost exclusively tabloid TV. Nowadays just catching glimpses of the nightly promos is bad enough. And it's truly sad to realize just how low each show has sunk! (And it's sad to think how their coverage of the upcoming Depp/DS film will most likely be nothing like the attention ET gave the '91 series because today things like the latest Paris Hilton/Lindsay Lohan/etc. scandal gets the lion's share of coverage. ::))
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let me just ask this...
is this whole incident something of a tempest in a teapot?
realistically is there a market of more than a hundred or so people for a video of this event?
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absolutely not. only a handful of people purchase the festival videos from me.
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only a few people purchased the 2008 festival and that was even after favorable reviews by david nahmod in "scary monsters" and other magazines.
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Okay, Joe, then if your Fest videos are such a small market item, then how did the full contents of them get to be made known to JF?? I mean I think these Fest tapes (except as I said before MAYBE the Richard III presentation JF did at the last Fest), to me put it in a different catagory from pirated videos of his one man shows, where it is clearly stated that no video taping is allowed...but maybe I don't know the whole story...
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i doubt frid knew about it at all. however i did announce it here and someone reported earlier that frid comes to this board but i doubt it. there are fans out there that have nothing better to do but report these things to the stars to better themselves with the stars and to spoil the fun for the rest of us.
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someone reported earlier that frid comes to this board but i doubt it.
We don't keep track of how often members visit - either logged in as members or simply visiting as guests (which more members than one might suspect actually do) - but Frid and/or his representatives have and do check out the forum. We've gotten direct feedback from them - though nothing about this incident. However, it is possible that someone connected to Frid did see the announcement made here of the DVD. Or it's quite possible that someone reported the DVD to him/them after learning about it here or some other way. [idontknow] The thing is, though, that someone who works closely with Frid these day is a copyright attorney, so the fact that crackdowns appear to be taking place now over things that may have been overlooked in the past is probably not all that surprising given that circumstance...
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I am sorry Nancy has not been able to accompany Jonathan to the last couple of Fests, but she did have the right idea as a number of us have agreed, with the suggestion that in the future videographers email JF on his website asking if they can tape things he does at future Fests ahead of time. That being said, however, I don't know why this copyright attorney has to get involved as Jonathan has still had either his webmaster Mark with him or his nephew Donald with him at the last couple of Fests, I would think they would have been of enough help to Jonathan there, but who knows?
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I presume Frid surrounds himself with the people he believes he needs to feel the most comfortable.
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he does? than i do find it strange that he would have his attorney friend go with him. oh well if it makes him feel Comfy than i guess that's what's important ya know? anyways as for you remark on E.T. i agree the show isn't as good as it used to be.
the now have a habit of spending 95% of the show talking about the upcoming coverage in the episode than they show it. & than show more upcoming etc.. show that well you get the idea & it's just iratating all to hell. sorry for my bad spelling.
as for Frid, i do wonder how the guy even found out about it. if he does visit the boards i doubt he read every thread there is. even i don't do that. so my guess is someone reported to him. maybe even a cast member who as someone said comes here every now & than? i dunno i'm just guessing.
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...there are fans out there that have nothing better to do but report these things to the stars to better themselves with the stars and to spoil the fun for the rest of us...
Just for the record...despite my previously-stated position on this topic, and the fact of my employment in the entertainment industry...I have had no direct contact with Jonathan Frid. (Full disclosure: in the past 30 years, I have enjoyed both personal and professional interactions with other DS actors, and I would take the same position with regards to their rights to the commercial use/sale of their image, etc.)
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Joe, you've been selling your videos of the fests for years and years without any interference that I know of. So have other fans. For decades fans have been selling video coverage of the fests but without the performances by actors.
With all due respect, it's very naive to think that JF hosts his website yet never visits DS-related websites to see what goes on. From the time I launched his website back in 1999, Frid has been aware of the message boards in all their variations. I've brought him to them when I visited him. Consequently, his many relatives and webmasters have come to know about this message board in particular. MPI even visits this website.
In the past, I have encouraged fans to not purchase bootlegged/pirated items featuring Frid's one man show, etc. and charge an excessive price to avoid a major crackdown. I've not discussed this current issue with JF as I am not involved with the website anymore but I know people who work with him DO visit here because we have discussed it in the past.
The copyright attorney was brought into the website back when the first DVD was being produced by me. She was initially brought into the fold because she has an extensive knowledge of Shakespeare, particularly Richard III, which I lack. She does what I used to do and also at the festivals. She has the time to give. The fact the they are aware of the pirated one man shows and other bootlegged ventures featuring JF undoubtedly brought all this down as I predicted it would one day if fans continued to buy the pirated one man shows etc.. Personally, I would like nothing better than the festivals, including the Q&As, etc. to be made available to fans as a memento and also for those who can't attend the festival. I'm disappointed this has happened though not surprised.
Frid has seen this site many times as I have brought him to it myself. Ebay and other venues are monitored as well. I used to do all that but, as I said, I don't anymore mainly because my life and priorities have changed over the past few years. The best thing to do is to email him via the website and explain your position to him and why this is important to you. See what happens.
But let's not turn this into some conspiracy, which it is not. If you think these sites are not regularly monitored/read by MPI and other interested parties (and have been since its inception) you are very much mistaken. I know for a fact they do, and have.
Nancy
i doubt frid knew about it at all. however i did announce it here and someone reported earlier that frid comes to this board but i doubt it. there are fans out there that have nothing better to do but report these things to the stars to better themselves with the stars and to spoil the fun for the rest of us.
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I can't speak from a legal standpoint because I'm not an attorney. But I am a writer--I contribute to many publications. Monster magazines, gay publications & even the Jerusalem Post, so I do have to deal with issues like this--quoting actors, publishing photos, etc.
Joe, talk to Mr. Frid & his attorney & work out a deal. It can be done, and it's not a hard thing to do.
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a fellow ds fan just emailed me with some interesting news. she ordered the FRID 1 MAN SHOW DVDS from FRID'S website. The dvds arrived from a LAW OFFICE IN PHILADELPHIA! no doubt the same law office that sent me the CEASE + DESIST order! this just tells me that the lawyer is a fan or this letter was generated by a fan who works there. i believe it would be pointless to ask the lawyers permission to sell dvds with FRID in them. why would they grant permission? He or she is obviously involved in the distribution of DVDS and would just see my DVDS as competition.
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Joe, why not ask the lawyer if they'd be interested in distributing a DVD of your Frid footage--you have some great stuff!
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Joe, I'm surprised that this surprised you. As mentioned in Reply #30, the attorney is Frid's handler and like most DS Fest handlers, is also a fan. The name even appears in the Forum's memberslist.
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Joe, as someone who has worked with Jonathan Frid for twenty some odd years, I can tell you that NOTHING is done on JF's behalf that he is not asked about and approves of first. NOTHING. He literally micromanages EVERYTHING directly related to him. (That habit plus things moving slower due to age is one reason I no longer wanted to give the time to the website, etc. anymore. I had too much else I needed the time for without those frustrations). He approves any letters or email correspondence sent out on his behalf.
The DVDs are being mailed out of a US office to save fans the much more expensive cost from mailing the DVDs from Canada. That practice was adding ten bucks a pop to the sales. The attorney in question is someone that I knew and worked with in Philadelphia and since she was also a big DS fan, asked her if she wanted to help out with copyright issues and creative things to do with JF's website. She is also a big theater-goer and knowledgeable about Shakespeare. The fact she is also considered one of the best intellectual property attorneys in the country is a big bonus for the many copyright issues the compilation of the DVDs involves.
Joe, if you want to blame someone for the crackdown, blame the handful of fans who have been selling pirated copies of JF's one man shows and stage appearances. That is undoubtedly what led to the crackdown. Videos of JF at festivals have been sold for decades. The pirating of his stage appearances is more recent.
Nancy
a fellow ds fan just emailed me with some interesting news. she ordered the FRID 1 MAN SHOW DVDS from FRID'S website. The dvds arrived from a LAW OFFICE IN PHILADELPHIA! no doubt the same law office that sent me the CEASE + DESIST order! this just tells me that the lawyer is a fan or this letter was generated by a fan who works there. i believe it would be pointless to ask the lawyers permission to sell dvds with FRID in them. why would they grant permission? He or she is obviously involved in the distribution of DVDS and would just see my DVDS as competition.
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Not making any comment at all on the quality of Jonathan Frid's performance as Barnabas (which I think was extraordinary) but can we please move beyond the myth that he "rescued a failing show"? From posts shared here long ago, I recall that the ratings were pretty healthy during the Laura Collins Phoenix story and on into the run-up to the introduction of Barnabas.
Laura defintaley doesn't get the respect she deservers!
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This may sound ludicrous, but is giving away the DVD's for free still constitute copyright infringement?
The reason I ask this is that there a number of fan films for Star Trek that have an arrangement with Paramount studios that as long as they don't make any monetary gains directly from DVD sales they don't care. The DVD is free if you buy one of their other products... posters, toys, etc.
I remember around 10 years ago I frequently saw on ebay sales for audio or video "bootleg" items consisting of a the purchase of a t-shirt or even a ball-point pen the receiving the illicit item for "free" as it were. Now ebay is so huge and much harder to police, that type of ROIO (your new word of the day= Recording Of Indeterminate Origin) is sold so blatantly now its mind boggling. Plain old TV broadcasts or camcorder audience-shot concerts are presented in fancy DVD packaging and sold as a legitimate product all day long.
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My understanding has always been that if you're swapping copies of stuff for free with buddies, it comes under the rubric of fair use. I guess technically you would have to go into a court of law with the whole shebang though to try and get a decision on that and each case would have its own dynamics.
Is Frid going to do his own releases of the bootleg stage recordings?
G.
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You cannot get around copyright just because you are not making a profit. There are definitions of fair use on the internet, but to sum it up very briefly, its purposes are limited to criticism, commentary, news reporting, scholarship, teaching, or research.
Sometimes a company will look the other way, and Robot Quentin's mention of an "agreement" made with Paramount may be a case of that. MPI is an example of one that does not look the other way when they have knowledge of copyright infringement of their DVDs. I suspect that DS fandom might be heading in that direction, possibly due to pre-production of the movie-- this is the first year, AFAIK, in which a clause concerning copyrighted material was added to the agreement for dealer's tables, and "suits" were seen checking out the room. (Though I still noticed photos being sold that I believed to be of questionable origin, but that's me.) To quote Dylan, I feel a change comin'.
Back to the topic: The subject is getting repetitious, so please post only if you have something new to add. Thanks!
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I'm pretty sure this falls under the new material category:
I'm going to use my vast writing skills (he said modestly) to draft a letter for Joe to send to the attorney making an offer to work together on releasing & marketing Joe's footage.