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Open Season: The new copyright infringement defense

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David Roth Weiss
Open Season: The new copyright infringement defense
on Sep 12, 2009 at 4:05:46 pm

So, you're finally in post on that epic low-budget coming of age film you've been wanting to make since your twenties. However, you've done your research, only to find out that all of those classic rock anthems you envisioned wallpapering every scene of your film would raise the budget from $250,000 up to nearly $5.5 million plus. Jeeze, what to do???

Well, no worries... There's a new legal defense in town. Just go ahead, use all the songs you want, and, when the record companies call to collect their millions, all you have to do is just tell 'em: "Sorry, we don't roll that way."

That is apparently the newest complex legal strategy that was developed and used by representatives of the Ellen DeGeneres Show, who have reportedly used over 1000 songs on her daytime chat show without permission.

Here's the story:

http://news.yahoo.com/s/nm/20090911/media_nm/us_ellen_2

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Mark Suszko
Re: Open Season: The new copyright infringement defense
on Sep 12, 2009 at 5:47:54 pm

Seems a pretty clear-cut case to me.


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David Roth Weiss
Re: Open Season: The new copyright infringement defense
on Sep 12, 2009 at 7:29:45 pm

[Mark Suszko] "Seems a pretty clear-cut case to me."

I just love the fact that the lawyers suing for the record companies have put the line "we don't roll way that way" front and center in the law suit. How can the record companies possibly lose? That's some mighty powerful ammunition. The line itself is so arrogant, so self-righteous, and so prejudicial in the context of the lawsuit, I'd imagine this case will settle before the ink dries.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Arnie Schlissel
Re: Open Season: The new copyright infringement defense
on Sep 12, 2009 at 7:01:10 pm

Here's the part I like:

"The program is produced and distributed by various divisions of Time Warner Inc."

"The lawsuit was filed by Warner Music Group Corp, Sony Corp's Sony Music Entertainment, Vivendi SA's Universal Music Group, and EMI Group."

IOW, Time Warner is suing itself. We talk about America being a litigious society, but this is extreme.

Arnie

Post production is not an afterthought!
http://www.arniepix.com/


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David Roth Weiss
Re: Open Season: The new copyright infringement defense
on Sep 12, 2009 at 7:37:43 pm

[Arnie Schlissel] "IOW, Time Warner is suing itself. We talk about America being a litigious society, but this is extreme. "

Is TW suing itself, or just suing to Ellen's company to get back a share of it's own money?

I'll bet I know which way Ellen's company rolls now...

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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grinner hester
Re: Open Season: The new copyright infringement defense
on Sep 13, 2009 at 3:12:48 pm

If these companies didn't waste money on stuff like this, man, they'd have to pay taxes on it.

lol
Looks to me like Ellen is just aligning herself for sweet kicks backs on American Idle.



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Steve Wargo
Saw it on TV
on Sep 14, 2009 at 3:49:39 am

[Arnie Schlissel] "IOW, Time Warner is suing itself. We talk about America being a litigious society, but this is extreme."

Coke wants to sue Coke Zero for stealing their taste. Must be a normal course of business for big business.

You know... I have a 2 million policy. Maybe I could trip over a cable that I NEGLECTED to tape down and sue the crap out of my self. Then, in court, I could confess that I'm responsible and need to settle.

Yeah boy. I'm finally in the money. How does that song go?

Steve Wargo
Tempe, Arizona
It's a dry heat!

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grinner hester
Re: Saw it on TV
on Sep 14, 2009 at 12:38:40 pm

[Steve Wargo] "Coke wants to sue Coke Zero for stealing their taste"

Their legal department is on staff. Their ad agencies are not. By this, it becomes more cost effective to create "new" through their legal department than to advertise. The thought here is that folks will go compare for themselves.
Now does that mean anyone is gonan go write a check to Time Warner?
lol
grown ups are freakin silly, huh?





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Mark Suszko
Re: Saw it on TV
on Sep 14, 2009 at 2:11:47 pm

Um, the Coke thing is a commercial, you knew that, right? :-)


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grinner hester
Re: Saw it on TV
on Sep 14, 2009 at 4:45:26 pm

all of this is.



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Steve Wargo
Re: Saw it on TV
on Sep 15, 2009 at 3:42:18 pm

Uh Mark. The majority of my posts are silly rhetoric and a slam to the intelligence of many, very funny human beings.

I think they call it sarcasm. Zelin does it very well. I just add the dumb "I believe everything" side to it.



Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .

Ask me how to Market Yourself using Send Out Cards


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Brendan Coots
Re: Open Season: The new copyright infringement defense
on Sep 15, 2009 at 7:06:50 am

"we don't roll that way"

Whoever said that is now rolling on down to the unemployment office, guaranteed. That line just lost them a lawsuit.

Brendan Coots

Splitvision Digital

http://www.splitvisiondigital.com


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David Roth Weiss
Re: Open Season: The new copyright infringement defense
on Sep 15, 2009 at 3:43:30 pm

I have been saying that line over and over again to myself ever since I first read it. I swear, it sounds like a line that Frank Miller would have written for Marv, Mickey Rourke's character in Sin City. Translated, it simply means that Ellen's is so successful that she's above the law. It's what they teach at the Bernie Madoff School of Business.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Steve Wargo
Re: Open Season: The new copyright infringement defense
on Sep 15, 2009 at 3:50:00 pm

I have been laughing about this since Saturday.

I am going to use that line in my next feature film and credit DRW with the inspiration.

Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .

Ask me how to Market Yourself using Send Out Cards


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David Roth Weiss
Re: Open Season: The new copyright infringement defense
on Sep 15, 2009 at 4:13:51 pm

[Steve Wargo] "I have been laughing about this since Saturday. "

I honestly have become obsessed by that line... It's like a song I can't get out of my head.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Steve Wargo
Re: Open Season: The new copyright infringement defense
on Sep 17, 2009 at 7:21:10 am

Still chuckling and I've told everyone.

Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .

Ask me how to Market Yourself using Send Out Cards


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