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Invelos Forums->DVD Profiler: Desktop Feature Requests |
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Mark bootleg versions private - read before you make judgement |
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Registered: March 13, 2007 | Reputation: | Posts: 17,334 |
| Posted: | | | | I admit to knowing very little about Public Domain... but the way skip describes it is how I always thought it to be... If it is public domain how can it be a bootleg/pirated version? | | | Pete |
| Registered: March 14, 2007 | Reputation: | Posts: 4,674 |
| Posted: | | | | Note that I said "supposedly PD". There are a lot of titles out there that are being sold as if they were public domain when in fact they are copyrighted, only the copyright owner hasn't done anything about it (for whatever reason). AFAIK several of the early Hitchcock titles fall into that category. | | | My freeware tools for DVD Profiler users. Gunnar |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | Gunnar:
That takes research and knowledge to sort out. IF the films were PD at the time they were released and subsequently had their copyright purchased and restored that would not make THAT particular PD a boot, the distributor of the PD release would no longer have the ability to make future releases which have now been secured by someone else, but the existing release is fine. Such is the way of the world.
Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: March 14, 2007 | Reputation: | Posts: 4,674 |
| Posted: | | | | Skip,
You're right. But I was talking about movies that actually never were PD, but were distributed as if they were. Either in the mistaken belief that they were actually PD, or in the hope that the actual owner wouldn't notice or wouldn't act. Those would be considered bootlegs.
There are also cases (I'm told) where the rights owner sold the rights but then proceeded to still issue the movie on DVD. Those would also be considered bootlegs.
You say that it takes research and knowledge. And since not everybody will have that knowledge, don't you agree that saying "There is absolutely no reason that any user with any size collection should be caught with boots, unless they are no exercising due care or don't care" is a bit harsh? | | | My freeware tools for DVD Profiler users. Gunnar |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | Not at all, Gunnar. I have NEVER had any problem determining what is is not true about any given film, which why I say categorically that ALL of my titles are legit. There are , in fact, a couple of title which I am doing research on right now to ascertain their status BEFORE I purchase them and I have been working them for a couple of months now...in short when I buy...I KNOW, beyond doubt. The information is ALWAYS available, if you exercise caution and dilligence.
Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | BTW, Gunnar< I apply almosrt the same standards to my data, I ASSUME nothing, if I cannot be reasonably certain that two names are the same person, then I won't deal with them. I will NOT enter data of any kind that I am uncertain of, even images which is why I use software to set my colors and NOT my eyes, which sometimes leads to lovely interpretations but incorrect relative to reality. The software brings a measure of objectivity to an otherwise tottally subjective issue. My scans always come very close to if not an exact match to the Actual cover.
Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: March 14, 2007 | Reputation: | Posts: 4,674 |
| Posted: | | | | Ok, I'll take your word that you research every title before you purchase.
But I don't agree that the information is always available. For quite some time "Charade" was believed to be in the public domain, even though it actually was not. There are some two dozen different DVD releases of "Charade". All except the Criterion release would have to be considered bootlegs.
If someone bought "Charade" before the Criterion release, would it not be reasonable for them to assume that it was legit when there were so many "public domain" releases of it? | | | My freeware tools for DVD Profiler users. Gunnar |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | And why did that happen? Because both those distributors and the customers made an assumption. OTOH, Criterion knew what the story was, as did I, and they licensed the film for their presentation on DVD, once their license expired the tittle went OOP and full ownership reverted to the legal copyright holder. I forget who the Copyright holder is but they secured the Copyright back in 1995 and have thus far not chosen to do their own release. Maybe sometday, or maybe they will relicense it to Criterion again...who knows. For the record, I am no fan of ANY PD company, especially Madacy and I think the now defunct GoodTimes, but sometimes that is the only path to a title as it may be highly unlikely that any major Studio will ever get involved, sad but true. Mill Creek is preparing the Richard Greene The Adventures of Robin Hood in complete season sets. I have no doubt that the transfers will be poor at best, but also likely to be the best that can be done, but I can ALWAYS hope.
Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| | W0m6at | You're in for it now Tony |
Registered: April 17, 2007 | Posts: 1,091 |
| Posted: | | | | Skip, I envy you the ability to be able to thoroughly review every purchase your make and the ability to make such purchases with absolute certainty. Unfortunately for some of us, our tastes in cinema lead us to seek out DVDs that have very little information available. Countless times I've struggled to find such basic information as if English subtitles are available on a release (I'm monolingual) or what the aspect ratio is. In some cases, information on the movie in question is hard to find, much less information on a release (in those cases where releases do exist).
Further to this, some of the legitimate distributors in R3 countries often do rather poor looking releases (both in terms of cover artwork and actual disc content). Sometimes purchases are made from sites with no English as they can be the sole source. Blind leaps of faith are sometimes a necessity. A keen, trained eye can spot some, but not all improper material. However, I've actually held in my hands bootleg material that others have sworn are legit. The quality of some bootlegger's printing, design and materials can be deceptive, and many countries have such lax copyright laws that such things can be pseudo-legal (I remember reading an article about bootleggers in one country suing the official licenseholders from another region for trademark infringement because they'd registered it for their locality).
Perhaps the OP user's choice of phrase was imperfect. Anyone with a large and varied collection, or one which goes strongly against the mainstream is prone to bootlegs. It is my understanding that the OP was an attempt to help avoid these situations, and further the resources available to research, as you yourself do, a release before putting down payment.
I hope I have made my points clearly, without offending anyone's sensibilities W0m | | | Adelaide Movie Buffs (info on special screenings, contests, bargains, etc. relevant to Adelaideans... and contests/bargains for other Aussies too!) |
| Registered: March 14, 2007 | Reputation: | Posts: 4,674 |
| Posted: | | | | Quoting skipnet50: Quote: And why did that happen? Because both those distributors and the customers made an assumption. OTOH, Criterion knew what the story was, as did I Well, good for you, but irrelevant to what we were discussing. My point was that it's easy for anyone who isn't Skip to accidentally let a bootleg slip into their collection. If you have the time to thoroughly research each and every item, then that's commendable. I still say it's not reasonable to expect each and every person to do that kind of research, and thus it's a bit harsh to issue such a blanket condemnation as you did. But since you seem to refuse to see that, I guess there's no point in continuing to argue about it. So that's all I have to say in the matter. I apologize to the rest of the readers of this thread for putting you through this bickering... | | | My freeware tools for DVD Profiler users. Gunnar |
| Registered: March 13, 2007 | Reputation: | Posts: 3,480 |
| Posted: | | | | Quoting skipnet50: Quote: And why did that happen? Because both those distributors and the customers made an assumption. OTOH, Criterion knew what the story was, as did I, and they licensed the film for their presentation on DVD, once their license expired the tittle went OOP and full ownership reverted to the legal copyright holder. I forget who the Copyright holder is but they secured the Copyright back in 1995 and have thus far not chosen to do their own release. Maybe sometday, or maybe they will relicense it to Criterion again...who knows. I believe Universal is the copyright holder. Criterion's first version of Charade was released on 11/02/99. It went OOP. Universal released it as a bonus feature on The Truth About Charlie on 04/01/03. Then Criterion re-released Charade in an anamorphic transfer on 04/06/04. Both The Truth About Charlie and the 2nd Criterion Charade are in print at this time. | | | ...James
"People fake a lot of human interactions, but I feel like I fake them all, and I fake them very well. That’s my burden, I guess." ~ Dexter Morgan |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | oops | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video | | | Last edited: by Winston Smith |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | Quoting GSyren: Quote: Quoting skipnet50:
Quote: And why did that happen? Because both those distributors and the customers made an assumption. OTOH, Criterion knew what the story was, as did I Well, good for you, but irrelevant to what we were discussing.
My point was that it's easy for anyone who isn't Skip to accidentally let a bootleg slip into their collection. If you have the time to thoroughly research each and every item, then that's commendable. I still say it's not reasonable to expect each and every person to do that kind of research, and thus it's a bit harsh to issue such a blanket condemnation as you did.
But since you seem to refuse to see that, I guess there's no point in continuing to argue about it. So that's all I have to say in the matter. I apologize to the rest of the readers of this thread for putting you through this bickering... LOL, Gunnar. it is perfectly reasonable for anyone interested in not violating the Copyright laws or if one does not wish to find himself on the short-end of a lawsuit against people who have deeper pockets than even my deep pockets. It's simply called CYA, it gets very cold when it is not covered. A fine example was the confiscation and incarceration of people involved in the selling of no-licensed Super Bowl product this last week in Glendale, AZ, to the tune of some $500,00 worth of illegal goods. I'll stay on this side of the bars, thank you very much. @James, thanks for the tidbits Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video |
| Registered: May 19, 2007 | Reputation: | Posts: 6,730 |
| Posted: | | | | It's easier to get a "bootleg" than many of you might think. If you buy a DVD that might be completely legit in it's original location and export it by what means ever into another country where this movie is not available on DVD, you just "bootlegged" it, because this DVD violates the licensed rights of the copyright owner in the import country, and you can be sure that there is one. | | | It all seems so stupid, it makes me want to give up! But why should I give up, when it all seems so stupid?
Registrant since 05/22/2003 | | | Last edited: by Lewis_Prothero |
| Registered: May 25, 2007 | Posts: 176 |
| Posted: | | | | Quoting skipnet50: Quote: PD is a film or TV show whose copyright has expired and is now open to any and all. Under US law, for copyright to have "expired", it needs to have first been published in America before 1923. This is unlikely to include any TV shows. Content that was first published before 1964 (which would include a few TV shows) needed to have their copyright renewed after 24 years (this requirement was removed in 1978), but non-renewed copyright is legally slightly different from "expired" copyright. Quote: Because back in the "old days" and to soem ext3ent still today, once a show went into syndication, it would be edited to allow for more commercial time and IF the show was running in syndication at the same time it was still airing on network TV, then typically the theme music would be changed. It is that modified form of the shows which appear on DVD in PD. Studios would take a show that was currently earning money for them and release a version of it into the public domain? That seems, frankly, unlikely. What would be the motive at that point for the syndicators to buy the non PD version? Can you provide any documentation to demonstrate that this was common practice? Quote: IF the films were PD at the time they were released and subsequently had their copyright purchased... This is an impossible scenario. No-one owns the copyright (that is what "public domain" means), so there is no-one that you could purchase copyright from. Once a work is in the public domain, it is there forever and cannot be re-copyrighted. | | | Last edited: by wintermute115 |
| Registered: March 13, 2007 | Posts: 21,610 |
| Posted: | | | | Quoting wintermute115: Quote: Quoting skipnet50:
Quote: PD is a film or TV show whose copyright has expired and is now open to any and all.
Under US law, for copyright to have "expired", it needs to have first been published in America before 1923. This is unlikely to include any TV shows. Content that was first published before 1964 (which would include a few TV shows) needed to have their copyright renewed after 24 years (this requirement was removed in 1978), but non-renewed copyright is legally slightly different from "expired" copyright.
Quote: Because back in the "old days" and to soem ext3ent still today, once a show went into syndication, it would be edited to allow for more commercial time and IF the show was running in syndication at the same time it was still airing on network TV, then typically the theme music would be changed. It is that modified form of the shows which appear on DVD in PD.
Studios would take a show that was currently earning money for them and release a version of it into the public domain? That seems, frankly, unlikely. What would be the motive at that point for the syndicators to buy the non PD version?
Can you provide any documentation to demonstrate that this was common practice?
Quote: IF the films were PD at the time they were released and subsequently had their copyright purchased...
This is an impossible scenario. No-one owns the copyright (that is what "public domain" means), so there is no-one that you could purchase copyright from. Once a work is in the public domain, it is there forever and cannot be re-copyrighted. Winter: What is it you don't comprehend? You start off sounding intelligent and then it goes to pot It was very coomon fo older television to move into syndication while still airing on network TV. Bonanza, The Beverly Hillbillies and The Andy Griffith Show all come to mind. Once theshow moved into syndication it typically was re-edited for more commercial time, in other words the show was shortened) and the network demaded that the shows theme music be changed. For copyright purposes, the syndicating company now owned the copyright to these altered shows, while the network or whoever retained the copyright to the Original film stock. The syndicator did not apparently retain as tight control over its copyright as did the in most cases the original Owner. So many of these altered TV shows found their way into the PD. So you have the altered versions of these shows appearing on PD Distributor lists. While, in the case of Bonanza, Paramount still owns the film stock to the original and has restored the show and is running it on TV Land, they have not yet chosen to release the Original to DVD. Copyright law is far more complex that even I understood it to be, as was recently demoinstarted by the The Bionic Woman remake. UNiversal still owns the Originasl show and film stock, but they apparently went to sleep relative to the Bionic concepts the show was based on and which apparently were also copyrightable. When the rights to those concepts expired, the Weinstein Company pounced on it and pproduced the new show, but they have apparently also blocked release of the Original show to DVD because to do so would be a violation of the copyright noiw held by the Weinstein Company. So, Universal now owns film stock they can currently do nothing with, unless they can come to some sort of an agreement with the Weinsteins. It's a very messy area. And a copyright can absolutely be "purchased", it happens all the time. You evidently don't track Hollywood as closely as i do and are unaware of such transactions. Sometimes a film is picked up for restoration purposes and as soon as that process is complete the company then establishes the Copyright to the restored film, see El Cid for an example of this. El Cid is now owned by the Weinstein Company, a company that did not exist at the time El Cid was filmed. It's a very complex field and has taken me many years to learn what I know wabout it, but The Bionic Woman affair tought me something new, concepts copyrightable? Wow. Skip | | | ASSUME NOTHING!!!!!! CBE, MBE, MoA and proud of it. Outta here
Billy Video | | | Last edited: by Winston Smith |
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Invelos Forums->DVD Profiler: Desktop Feature Requests |
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