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Dealing with People Selling Fan Projects — Page 19

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Are you implying something about my cooking?

originaltrilogy.com Moderator

Where were you in '77?

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CatBus said:

Frank your Majesty said:

The question was never wether fan-edits were legal. They are not. So any way of distributing fan-edits, no matter if paid or for free, is technically a copyright infringement.

Technicality–making a fan edit is legal, distributing it without a license from the copyright holder is not.

Sadly, not if the blu-ray is used as a source. By removing the copy protection you have breached the DMCA.

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From the Wikipedia DMCA page:

"Rulemaking was scheduled to occur in 2009, but the final rule was not issued until the following year. The 2010 exemptions, issued in July 2010, are:[39]

Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
Educational uses by college and university professors and by college and university film and media studies students;
Documentary filmmaking;
Obsolete software and video game formats.
Noncommercial videos. (A new exemption in 2010, similar to a previous educational exemption.)"

One could argue fan edits fall under "noncommercial video’ I suppose. Or if you’re a film studies student like myself, could argue it falls under educational use.

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poita said:

CatBus said:

Frank your Majesty said:

The question was never wether fan-edits were legal. They are not. So any way of distributing fan-edits, no matter if paid or for free, is technically a copyright infringement.

Technicality–making a fan edit is legal, distributing it without a license from the copyright holder is not.

Sadly, not if the blu-ray is used as a source. By removing the copy protection you have breached the DMCA.

I learned that recently making my TLJ fan edit. I think that’s complete trash. If I’ve purchased the official blu-ray, I should be able to do whatever I want with it as long as it’s for private use.

I know it’s not really an issue since it’s impossible to enforce, but I take exception on principle.

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You can do what you want, the issue is distribution.

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Chewielewis said:

You can do what you want, the issue is distribution.

No, you cannot. Copyright grants exclusive right to create derivative works (works that adapt the original work), except in a fair use context.

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 (Edited)

I mean, you can do what you want in the privacy of your own home, you just cant distribute it. Free or otherwise.

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 (Edited)

Indeed, if we adapt a work privately without making it public, the author will never know that this adaptation exists. But Copyright, theoretically, does forbid adaptation of a work without the prior consent of its author, no matter whether it is distributed or not.

JEDIT: it was already discussed here: https://originaltrilogy.com/post/id/1108834/action/topic#1108834:

Frank your Majesty said:

From Wikipedia:

Exclusive rights

There are six basic rights protected by copyright. The owner of copyright has the exclusive right to do and to authorize others to do the following:

  1. To reproduce the work in copies or phonorecords;
  2. To prepare derivative works based upon the work;
  3. To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  4. To publicly perform the work, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
  5. To publicly display the work, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.
  6. To digitally transmit sound recordings by means of digital audio transmission.

A violation of any of the exclusive rights of the copyright holder is a copyright infringement, unless fair use (or a similar affirmative defense) applies.

(…)

Making a fan-edit interferes with point 2 of “exclusive rights”, however, if you made this fan-edit for yourself and you watch it only with your family, you’d have a very strong case that this is covered by “fair use” as you’re not interfering with anyones business. (See point 4 of fair use.)

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Just came across this: Link to website removed by moderator - let’s not give them the publicity they wish for.

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Does godaddy have any way to report a website? I’m sure there’s a terms of service violation in there somewhere.

originaltrilogy.com Moderator

Where were you in '77?

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I actually called Ebay but they just told me to make the report online. I wonder if you put your foot down enough you could get customer service to connect you with someone with a little more authority.

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i dont mind the idea of, say chipping into a project and getting somthing in return, its what ive had in planning for my retso jobs, mostly as a thank you gift for donating towards the restoration, rather than explicitly selling it, but downright selling fan edits and claiming oh you gota pay that price, it cost me a whole 5 dollars to print a lable on a bluray disc, instead ill lie and say its handling, its a scummy as hell practice

Im that guy who likes megazone 23 a little too much

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RogueLeader said:

I actually called Ebay but they just told me to make the report online. I wonder if you put your foot down enough you could get customer service to connect you with someone with a little more authority.

dont even bother reporting, never works, ebay straing up ignores obvious counterfits, sure ive bought some, but ebay never did anything after reporting them

Im that guy who likes megazone 23 a little too much

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darkspire17 said:

RogueLeader said:

I actually called Ebay but they just told me to make the report online. I wonder if you put your foot down enough you could get customer service to connect you with someone with a little more authority.

dont even bother reporting, never works, ebay straing up ignores obvious counterfits, sure ive bought some, but ebay never did anything after reporting them

Good to know.