vbangle said:
Asteroid-Man said:
Firstly, vbangle, the guy was innocently just trying to cover the edit's ass - no need to give him a big know-it-all response.
Also, keep in mind that copyright laws differ from country to country. In Canada, for example, when you purchase a product you can do whatever you want to it. Make copies, edit them, w.e. Hell, you could legally do a private screening on your own property with no profit. Showing it publicly is when an issue comes up.
First of all, you can show/distribute it if the work is either meant for educational use or if it is a parody or in satire - you cannot make a profit off of it though.
You are not allowed to have a public screening outside of those two scenarios, nor are you allowed to upload/distribute copies.
Owning the source material - based on Canadian law - would theoretically make it valid. The other individual could technically make the same edit with what they have, and have just as much of a right to the fanedit as do you. Technically speaking, if you purchase the necessary sources for a fanedit, and the faneditor gave you the EDL (edit decision list) you could reconstruct the fanedit - providing you with the actual finished file is just skipping that step.
The laws regarding this are pretty much the same thing in the States.
So short answer, yes it's legal, as long as you have legally purchased the source material.
EDIT: Regardless, that wasn't even his question. He is just making a recommendation to put in a disclaimer - which I'm sure he'll probably do.
Canadian law, lol.
Fine, I'll play your petty little game:
17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[2]
As you can see, Fan-edits are still completely legal as they are 100% for critic and education.