Glenn Otis Brown
glenn at creativecommons.org
Wed May 26 16:20:57 EDT 2004
> Is it copyright infringement to create a movie that
> is timed in sync with someone else's song but does
> not include the song?
that sounds like it's a private use that does not involve the making or
distribution of a copy, and thus would not implicate copyright law --
and thus not the license.
> I'm a software, Open Source, kind of guy, so I'm not
> as familiar with Copyright as applied to other mediums.
> Alice buys her favorite song, "The Wall", from Pink Floyd.
> She then goes and makes a short libre movie with libre-dialogue
> and libre soundtrack. The movie scenes are edited
> and timed such that it would also sync with "The Wall".
> If she gives this movie away for free saying it also
> syncs with "The Wall", is that copyright infringement?
> If Bob downloads Alice's short and decides he wants to hear
> it with "The Wall" playing in the background, he could take
> his CD that he already paid for and play it on his stereo.
> This isn't the same as Alice mixing "The Wall"
> into her movie and giving away someone elses
> commercial work for free. Nor is it the same
> as MGM using "The Wall" in a commecial movie
> that plays in theatres without Pink Floyd's
> The only way Bob can hear "The Wall" along with
> Alice's movie is if he buys it.
> If this is the case, then copyright exceeds
> the defintion of intellectual "Property",
> since I can sell a carbeurator kit that
> only works if you bought a car from someone
> else's factory. I don't build cars, I just
> build kits you can install in your vehicle
> that allows them to burn kitchen grease
> instead of diesel.
> I don't need Toyota's permission to sell
> greasecar kits. If you buy a kit from me
> and you buy a car from Toyota, you can
> do whatever you want with them.
> If Bob buys the Pink Floyd song, he should
> be able to mix them in his own home.
> I'm either missing something, or corporate
> copyright holders have bribed our legislators
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