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Post #1108870

Author
Frank your Majesty
Parent topic
Dealing with People Selling Fan Projects
Link to post in topic
https://originaltrilogy.com/post/id/1108870/action/topic#1108870
Date created
18-Sep-2017, 1:37 PM

This is a very favorable interpretation. Here’s another take:

It’s not a re-mix, it’s a re-creation. Any differences to the actual theatrical cut are small, and they are unintentional. It’s not putting anything in a new context. Just because there is no home video release of the OUT does (sadly) not mean it’s not protected by copyright. The educational part of this project could be achieved by showing a selected few scenes.

Copyright law as a whole should be changed so that copyright holders also have the responsibility to preserve their work for future generations. It’s not worth going to court over some stupid ebay sells and risk to shut the whole fan-edit scene down.

ZigZig said:

Thank you, Frank Your Majesty!
As “fair use” is defined as “the use of LIMITED AMOUNTS of copyrighted material”, I am not even sure that it can be invoked here, even though it is only broadcast in a family circle: it is not a “limited amount” of copyright material, but an entire work.

Fair use can be recognized even when only one of the four criteria is met (from the wiki article: “However, courts have occasionally found use of an entire work to be fair use”). And if you show your edits only to your family, the strongest point in favor of fair use is that you don’t interfer with any hypothetical sales. No company is going to sue you if they don’t think they are losing any money because of you. And no court will spend time discussing such a case.