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Directors vs Commercial TV
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posted by mpawlo
on Sunday October 20, @01:40AM
from the it's-for-reel dept.
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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.
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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.
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