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Directors vs Commercial TV
posted by mpawlo on Sunday October 20, @01:40AM
from the it's-for-reel dept.
Copyright Two Swedish directors, Vilgot Sjoman and Anders Eriksson, are about to file a suit against Swedish broadcaster Tv 4. According to the author's rights or droit moral doctrine, the work may not be displayed or changed in a way degrading to the author or the author's work. Tv 4 has just changed its policy for commercial breaks. Breaks are now introduced during movies.

The commercial breaks used to be placed between the end and start of a program. Since Tv 4 use the spectrum for distribution, Tv 4 needs to comply with certain regulations regarding the use of commercial breaks. These regulations were recently changed, to add fairness to the market since of Tv 4 competitors Tv 3 and Kanal 5, sending from London and thus circumventing the Swedish spectrum rules, may apply any commercial break policy at their own discretion.

The directors argue the breaks are degrading from an artistical point of view. They want to try the commercial breaks in court from a copyright perspective.

Author's rights are fairly strong in European IP law. The droit moral doctrine derives from French revolutionary philosophers. For example, Bouffler stated:

'S’il existe pour un homme une veritable propriété, c’est sa pensée.'

Author's rights have been tried in several cases in Sweden before. In one famous precedent, one of Vilgot Sjoman's (one of the current complainants) movies was tried for infringement of author's rights. In one scene in I am curious (Yellow), a religious song ('This God is Our Father') was used to illustrate sexual intercourse in a tree. The Sswedish Supreme Court deemed the use to be an infringement of the author's rights.

In an article published by leading Swedish tabloid Aftonbladet yesterday, 26 prominent Swedish directors, including Ingmar Bergman express support for the law suit. The directors want Tv 4 to act immediatly and to show their works the appropriate respect.

The suit is yet to be filed. Tv 4 has not yet changed its commercial breaks policy.

Pricing and Piracy | Google Sued Over Ranking  >

 

 
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  • I am curious (Yellow)
  • an article published
  • Ingmar Bergman
  • Vilgot Sjoman
  • Anders Eriksson
  • Swedish broadcaster Tv 4
  • More on Copyright
  • Also by mpawlo
  • This discussion has been archived. No new comments can be posted.
    Directors vs Commercial TV | Login/Create an Account | Top | 1 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Look at Gilliam v. American Broadcasting (Score:2)
    by Seth Finkelstein (sethfNO@SPAMsethf.com) on Monday October 21, @01:08AM (#419)
    User #31 Info | http://sethf.com/
    For some similar, if not exactly identical, issues, take a look at:
    Gilliam v. American Broadcasting

    ABC obtained a license (via BBC) to broadcast three back-to-back, 30-minute episodes of Monty Python. The contract between Monty Python and BBC specified that the episodes were only to be braodcast in their entirety. ABC planned to edit out 6 minutes per half-hour episode, and Monty Python sued for an injunction to prevent them from broadcasting the edited version. One basis for this claim was that the deletion of several scenes from the broadcast violated the moral rights of the original artists. The court explained: "American copyright law, as presently written, does not recognize moral rights or provide a cause of action for their violation, since the law seeks to vindicate the economic, rather than the personal, rights of authors. Nevertheless, the economic incentive for artistic and intellectual creation that serves as the foundation for American copyright law, cannot be reconciled with the inability of artists to obtain relief for mutilation or misrepresentation of their work to the public on which the artists are financially dependent. Thus courts have long granted relief for misrepresentation of an artist's work by relying on theories outside the statutory law of copyright, such as contract law or the tort of unfair competition. Although such decisions are clothed in terms of proprietary right in one's creation, they also properly vindicate the author's personal right to prevent the presentation of his work to the public in a distorted form." Since the ABC version "impaired the integrity of appellants' work and represented to the public as the product of appellants what was actually a mere caricature of their talents, the court held that it constituted a violation of Monty Python's moral rights.

    [harvard.edu]Seth Finkelstein [sethf.com]

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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