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Clean
Flicks Rents Movies Free of Offensive Content - But is it Legal?
Want to rent a movie without all the sex and violence? Tired of
watching The Sound of Music for the 30th time?
A company called Clean Flicks has opened stores across the nation,
where viewers can rent movies with the bad language, sex and other
"offensive content" neatly edited out. But not everyone
is thrilled with the idea - particularly the movie directors and
producers, who see a clear case of copyright violation.
Film
makers say that Clean Flicks has no right to change their movies.
Ironically, in a legal "preemptive strike" Clean Flicks
has sued the film makers, before the film makers sue them. Clean
Flicks is seeking a declaratory judgment from the court, essentially
asking that the court give its blessing to the practice of editing
and renting the movies.
Not all the editing is smooth. There are places in the Clean Flicks
movies where the audio track simply goes silent, although this may
protect the ears of viewers, good lip readers will not be fooled.
While
there are many who would agree that movies would be just as good
without the bad language, the larger question is: can a company
legally alter the artistic work product of another, then sell or
rent the altered product under the same name?
Movies
shown on airlines and television are edited to clean them up, but
the editing is done by the film makers for such special viewings.
By comparison, Clean Flicks edits films without the guidance or
permission of the film makers. When Clean Flicks takes a film, changes
it and rents it out, it's almost like taking a book, tearing out
certain pages which may be offensive, and selling or renting it
as if it were the original work of art.
These
films are being rented or sold, having been labeled as being created
by a particular director, yet they have been altered by someone
without the director's permission. It is essentially false advertising
- a mislabeling of the source of the film.
Clean
Flicks claims to have the Fair Use Doctrine on it's side. Fair Use
allows one to use a limited amount of copyrighted work, typically
for personal use at home, such as when a consumer videotapes a show
at home, and watches it when time allows. But the concept of Fair
Use will be stretched to a new limit, if it allows a company to
make a new version of the film and profit from the new version in
a commercial setting.
One thing is for sure, as the digital medium continues to be an
integral part of the Hollywood landscape, we can only expect more
of these types of cases to arise in the future.
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