DARK SHADOWS FORUMS
Members' Mausoleum => Calendar Events / Announcements Archive => Calendar Events / Announcements '25 I => Calendar Events / Announcements '05 I => Topic started by: Gothick on January 07, 2005, 05:30:57 PM
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Greetings all,
I'm not sure just where this post belongs, or if it's even appropriate for this Board--but I'll give it a shot anyway.
I am curious whether anybody knows whether Dan Curtis Productions has an official policy regarding fan-produced material that incorporates original DS broadcast material. I'm thinking here primarily of things such as websites with lots of stills and video clips, and music videos which are usually montages of clips of the original episodes.
Given that the fan music videos have been shown for years at the Festivals, and that I've never heard of a cease-and-desist order from DCP directed against any of the fan sites, my guess is that *unofficially* DCP regards all of this as free advertising for its product. Does anybody know whether Dan's office has an *official* policy about this? I ask for a reason, not simply out of idle curiosity.
The only time I can remember there being a problem was when a fan site announced they were going to offer complete episodes as some sort of streaming video. I don't think they had the technology (or bandwidth!) to accomplish that, but I seem to recall that they got a letter--or were persuaded by other fans that it wasn't a good idea.
Thanks for anyone who can shed some light on this.
Best wishes,
Gothick
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Gothick,
I doubt you will ever get an "official" statement from DCP on the issues you asked about because to make any statement publicly about what they will or will not "tolerate" in regards to their copyright puts them in the position of having to enforce it across the board and they want the liberty to decide what constitutes real abuse or a threat to their license. As you know, some will be given an inch then go the mile. It is a fact that fanzines have been produced since the early 1970s containing stills/photos from the series and DCP has not done anything about that.
I also know that one fan website [had] permission to use some photos from recent books and the website reproduced almost all the photos from those books and not just a few. The site wound upon removing the photos upon being asked but you see what I mean by being given an inch and taking a mile. The unfortunate thing is when fans do this, it makes the copyright owner hesistant about granting future requests. The idea of putting the photos in the book was to sell the book and not give it away on the internet. But usually publishers are happy to let people use one or two photos from a new book for publicity purposes.
There was a fan website who streamed entire DS episodes for quite a well - well over a year in fact but eventually DCP got wind and it stopped. In my experience, the one thing that will get DCP's legal people moving in regard to copyright is reproducing licensed merchandise and selling it (without obtaining a license) and streaming video or making and selling copies of DS videos. I have not heard anything being done to anyone who showed a few clips. Many of the stills used on fan websites tend to be ones that have been around forever anyway taken from old fan magazines.
I don't know if this is at all helpful but I thought I would give it a shot anyway.
nancy
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Thanks, Nancy. Everything you wrote pretty much follows my understanding of the situation.
That's very unfortunate about that site putting up all those photos from the book. Makes it more difficult for anyone else who wants to use just two or three photos on a site.
btw--Happy New Year!
Steve
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Nancy, thank you for clarifying. Thanks, too, for not naming names or sites in your examples. :)
However, for legal reasons I edited the last two posts very slightly.
During further exploration of this issue, all posters please keep in mind that (6.) The negative discussion of other DS forums is to be avoided. In other words, no finger pointing.
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Thanks, Midnite. I realized where I erred in one case and apologize as I should have known better. I'm glad my post made any sense at all as I'm drugged up (given by a doctor, thank you very much) but still a little mind clouding, lol. As if my mind needs any more of that kind of interference.
Anyway, I'm not interested in pointing fingers at anyone; just making the point that people need to realize that when someone does take certain liberties beyond what is usually acceptable in copyright violation in fandom, the rippling effect can make future requests by other well meaning fans get turned down and everyone else more monitored/scrutinized than would ordinarily be the case.
Nancy
Nancy, thank you for clarifying. Thanks, too, for not naming names or sites in your examples. :)
However, for legal reasons I edited the last two posts very slightly.
During further exploration of this issue, all posters please keep in mind that (6.) The negative discussion of other DS forums is to be avoided. In other words, no finger pointing.
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I understand, and it did make sense. Hope you feel better soon.
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thank you all for clarifying. At my website, someone didnt like my Angeliques Prerogative video because the song was by Britney Spears. They wanted me to change it and tried to threaten me with all this copright stuff and that I needed to basically do what they want or I would "wind up in a lot of trouble."
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This has a double side to it...
Being a fan of the show I love to use the screen captures to make wallpaper, bookmarks and sigbars for my own use and play around with them in photoshop for fun.
But then there is the copyright issue...
All the material does belong to someone else and in the end they have the right to say what can and can't be done with it.
Some copyright holders or more relaxed on what they perceive as infringement in certain cases than in other cases.
I know someone who did some photoshopped wallpapers, using images from a recent movie that was out, and posted it to a free creative art site and the copyright holder of the movie saw it and decided he liked it and wanted that person to do a couple more to put up on the official movie site.
But that same copyright holder ordered a fanbased website devoted to this particular movie to remove screencaptures and fanbased artwork from their site because he considered what they were doing to be infringing on the copyright.
So in the end I guess it is whatever the copyright holder considers infringement.
FireRose
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I think the key distinction here is between promotion and exploitation. If a fan-site's activities compromise or undermine DCPs merchandising strategy, then that is frowned upon. For instance, there is no reasonable justification to stream episodes online that are available on home video and DVD. DCP have responded in cases like this, and rightly so. MPI have licensed those episodes for release in good faith, and their investment deserves that protection.
Providing that balance is maintained, however, I think DCP shows fanzine editors and site owners a remarkable amount of freedom. We're very lucky in that respect.
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I should hope so. We as fans want to express our devotion to DS and some of our talents lie greatly in the creation of wallpapers, manipulations, and music videos. I, myself, enjoy making Dark Shadows music videos. When I do this, I do it for fun and to entertain those who love the show as much as I do. I'd really be saddened if I were told to stop producing them online. Though, I would never stop creating them for my own entertainment. That's just insane. ~DJ
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OK...I realize this thread is a bit old, but I'm posting to it because I'm curious. I created a music vid website out of entainment for the series. As far as I thought I was doing nothing wrong, but that could be my ignorance in the whole situation. I received an email from someone at MPI Media Group today asking that I remove the website because of use of the clips in the videos and without permission. I have no idea where my email was found, but at this point it really doesn't matter. I'm just curious as to where the line is drawn. The videos were created for fun and at the end of each vid I put the images were property of DCP...although I'm sure that doesn't make a difference in this matter. I have seen this done by fans of other fandoms who have made videos. I see pictures created, gif's done...I'm just baffled and maybe more than anything confused. :(
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In what I know of the history of DCP, MPI, etc. - they draw the line at the extensive use of video clips on websites. Photos (unless from a recent and still available publication) can be used and gifs created but when you get into making videos that has usually been when the legal people at these organizations get involved. FYI, most production companies who are actively selling merchandise have people monitor websites, message boards and lists.
Nancy
OK...I realize this thread is a bit old, but I'm posting to it because I'm curious. I created a music vid website out of entainment for the series. As far as I thought I was doing nothing wrong, but that could be my ignorance in the whole situation. I received an email from someone at MPI Media Group today asking that I remove the website because of use of the clips in the videos and without permission. I have no idea where my email was found, but at this point it really doesn't matter. I'm just curious as to where the line is drawn. The videos were created for fun and at the end of each vid I put the images were property of DCP...although I'm sure that doesn't make a difference in this matter. I have seen this done by fans of other fandoms who have made videos. I see pictures created, gif's done...I'm just baffled and maybe more than anything confused. :(
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OK...I realize this thread is a bit old, but I'm posting to it because I'm curious. I created a music vid website out of entainment for the series. As far as I thought I was doing nothing wrong, but that could be my ignorance in the whole situation. I received an email from someone at MPI Media Group today asking that I remove the website because of use of the clips in the videos and without permission.
I'm sorry to hear that, Melanie. How upsetting that must be for you. Not that it's any consolation, but other fans have been contacted as well over the posting of vids from MPI sources.
I'm just curious as to where the line is drawn. The videos were created for fun and at the end of each vid I put the images were property of DCP...although I'm sure that doesn't make a difference in this matter. I have seen this done by fans of other fandoms who have made videos. I see pictures created, gif's done...I'm just baffled and maybe more than anything confused. :(
Well, what may have attracted MPI's attention was that your vids were created exclusively from the DVDs.
You mentioned the pictures and gifs you've seen online. In regard to what's on the Forums, we make it a point to not take screen grabs or vids from MPI's DVDs, and MB's montages are created from TV broadcasts. We try to be watchful of anything posted that may impact MPI's sales; to date we have not been asked to remove any material.
And please know that both MPI and DCP are represented on these boards.
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Well...I unfortunately have myself to blame in this little mess, but I have removed the site so there won't be anymore problems.
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I'm sorry to hear about that. Your videos were really well-done.
~Penny Dreadful~
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There are always going to be people with nothing better to do than to spoil the fun of other people. I however have created many DS themed and Non ds themed wallpaper plus 10 different music vids specifically for DS and I will continue to do so.
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While I'm not an attorney duly licensed to practice before the state of California, I have worked for them for over 15 years. I speak from this experience as well as my legal research certificate from UCLA Extension. I did find and take a quick breeze through some of the copyright statutes. So, here goes.
I don't think it matters where the Dark Shadows materials comes from whether it be from a video of a TV recording, a DVD recording, a live TV feed, CD, MP3 file, record, picture from an old magazine, print media or whatever, wherever. Dan Curtis Productions, Inc. owns the rights to Dark Shadows. Print media (novels, magazines, books, photographers) also own their works which depicts Dark Shadows, its characters, etc. They or their agents can choose to exercise those rights under U.S. Copyright law or not to exercise those rights. It's their decision to do so. Copyright enforcement can also be applied to fan fiction that is published on the Internet, not just pictures.
Nothing after 1923 is in the public domain. This is an important fact to remember. There are a few things that are but it's because they let the renewal lapse. I don't think DCP, Inc. or its agents are going to let that happen anytime soon.
There is a fair use clause which is unique to U.S. Copyright law. However, it's complicated and don't think I want to make any blanket statement(s) and say one could do something and then it turns out to be incorrect. It's best to do your own research with the U.S. Copyright code and make your best decision based on that reading. It's available on the Internet.
It is a true bummer when one of us appears to be singled out for copyright infringement enforcement. However, it does appear that the Powers that Be seem to be consistent when it comes to videos and/or video sites. None of us are safe from a cease and desist request. How they would ever enforce it with the cap sites is beyond my imagination but they could choose to do so. I just don't think it would be very cost effective for them to make that choice and cease and desist every one of us in web land.
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There is a fair use clause which is unique to U.S. Copyright law.
The fair use exceptions are comment, criticism, news reporting, teaching, scholarship and research. Determination depends on:
* the character of the use, including whether the use is commercial or for nonprofit educational purposes
* the nature of the material to be copied
* the amount and importance of the part copied (in relation to the whole work)
* the effect on the market
If fair use doesn't apply, US copyright law requires that you seek and acquire permission first.
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I havent been notified at all about my videos. Which leads me to wonder whether my videos were ok or if DCP's never seen them. I stopped making videos this past few months do to school, but I have planned to make some this summer.
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Hey there, stranger, great to see you posting again! I hope you feel inspired to create some new videos. My desire for this is purely altruistic--it has nothing to do with my addiction to your beautiful video work!
Best wishes
Steve
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LOL, Thanks steve. Youve always been my biggest supporter.
Its funny that you mention being inspired because I have so much inspiration right now in what I want to do. The sad thing, tho, is that I'm just so LAZY!
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Groovy! I'm excited that you have so many ideas!
I had two ideas for videos that I know you would do brilliant versions of, but I'm sure you already have plenty on your plate for the summer. Just for the Hell of it, though, these are my ideas:
(1) Julia Hoffman, Dominatrix (alternate title Julia Hoffman, Control Bitch) Maybe to a Debbie Harry song, have scenes of Julia (Hoffman from PT could be included too) giving orders, being bossy, cutting open Joe's shirt (just watched this last night and realized how IN CONTROL the good dr was), and, of course, slapping people!
(2) It's Raining Men--to the Weather Girls song (or some other silly pop anthem), have a gallery of studly men from various storylines of DS. I think DS was ahead of the game in finding excuses to have shirtless men appearing on the show, well before it became such a TREND on the soaps.
Just thoughts that came to me when contemplating the exciting prospect of new videos from you!
best,
Steve