Any Legal Issues about Firefly Viewings/Parties? Please Reply!

POSTED BY: Lakota
UPDATED: Thursday, June 9, 2005 12:52
VIEWED: 6287
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CAPTAINNAPALM

Wednesday, June 8, 2005 7:05 PM

Quote:
Originally posted by Phaedra:
Caveat
So for example, if a teacher distributes a copy of an article in a class, they have to recieve the permission of the author and publisher.

Actually, educational use is one of the "fair use" exceptions permitted along with things like quoting in a review.

http://www.copyright.gov/title17/92chap1.html#107

CANTTAKESKY

Wednesday, June 8, 2005 8:52 PM

I know they have had movie rooms at sci-fi conventions (public venue, entrance/membership fees), and I have never heard of any of them prosecuted. I haven't been to a con in a while, but I believe it is still a common practice at conventions.

Maybe some public viewings, even at a convention of a few hundred/few thousand people, make too small an impact to pursue legally.

Doesn't mean it is necessarily right or legal. Just means you can get away with it, even in public exhibitions.

Can't Take My Gorram Sky

LEEH

Wednesday, June 8, 2005 10:01 PM

I'm one (potential) step behind Phaedra--I'm STUDYING to take the Calif bar. But here's my two cents, with her same caveat that I'm not a licensed attorney:

1) there is no reason to assume criminal liability, if the statute in question is piracy. Showings don't involve copying for distribution (for profit or otherwise) so I don't think anything like piracy attaches.

2) for civil liability, you would need to demonstrate damages, I would think. It's true, whoever posted about fair use for education is correct; I used to teach college, and showed copyrighted material all the time with the surety that I was covered by fair use. For showings at bars, I wouldn't be so sure--the bar may be getting customers in even if the showing itself is free, using the material as a promotional item; on that basis, there is probably grounds for action under some statute involving licensing. For in-home showings, I really doubt there would be a problem unless the copyright holders went nuts and convinced themselves that the showings meant that those visitors weren't going out and buying the DVD since they were seeing it at someone's home. What are the odds, you know? It would have to be one big-ass party to even draw the attention of the owners (Fox, for the show). So I wouldn't lose sleep over it. Also, the studios appear to have been using a cease-and-desist approach even to piracy stuff like downloads, so they're more likely to start with a warning to stop, than to go right into suit. And they'd have a hell of a time identifying the damages involved--seriously, how do you prove that 10 or 15 people would have bought the DVD otherwise? And if they did, that might be 300-500 bucks--that's small claims court stuff. If there were a statutory violation, they'd still be paying lawyers for nothin'.

So, my own inclination would be not to worry about it.

Ok, that was a nice diversion from actually STUDYING for the bar.

And btw, Calif has the hardest bar in the country so, Phaedra, GOOD JOB!!!

"Well, my days of not taking you seriously are certainly coming to a middle. . . ."

PHAEDRA

Wednesday, June 8, 2005 11:28 PM

Ok that does it! Peoples keep castin' aspersions on my lawyer like abilities. I'll have to go back and check my Copyright outline to get to the bottom of this. But even if I am wrong (not that a law like person would ever admit to that) and used a crappy example, I think my overall theisis is correct. Unless you can make some really good public policy argument, I think a public screening without permission still could create the potential of civil liability. I concurr with all of those who have posted that the copyright holders would have to have a major stick up thier pigus to prosecute.

Good luck on the Bar Leeh, it really not that hard, just a lot of memorizing and practice. I still have my flashcards on my hardrive. They're pretty cool (ugh inner geek showing . . . nooo!) I designed them so that you can print them out on lables and then just stick them onto index cards. I even color coordinated them. The text is power bolded so the key parts of the tests are clear. Back channel me if you want a copy. That goes for any other potential lawyers out there. My cards are CA specific, but they also work for the multi-state.

Phaedra

(Just incase anybody is wondering after reading the forgoing, yes I do have relations of the biblical nature with members of the opposite sex . . . just not when I'm studying or working . . . which is most of the time.)

SHINYSEVEN

Thursday, June 9, 2005 12:15 AM

Hey, Leeh--be sure to take a few minutes at the beginning of every essay to outline the issues, then start the essay with a description of ALL the issues. That way, if you don't have time to finish the essay, at least you'll get some points for complete issue-spotting.

Admittedly the maxim "it is easier to get forgiveness than permission" often works in the non-legal area, but if *I* wanted to show Firefly in a public venue, I'd call ME and talk to the person who handles permissions, who in all probability would say Shiny! if no profits were being made.

PHAEDRA

Thursday, June 9, 2005 1:12 AM

Ah suddenly all the lawyers come out of the woodwork. What I love about this site is the diversity of people it attracts. Any other scum sucking bottom feeders, oops I mean attorneys or almost attorneys, out there?

Phaedra (a bad luck name)

YT

Thursday, June 9, 2005 5:25 AM

Quote:
Originally posted by canttakesky:
I know they have had movie rooms at sci-fi conventions (public venue, entrance/membership fees), and I have never heard of any of them prosecuted.

...snip...

Doesn't mean it is necessarily right or legal. Just means you can get away with it, even in public exhibitions.

The larger, regular SF conventions negotiate with distributors for prints, & the rights to show 'em. They aren't getting away with it; they're following the law.

Keep the Shiny Side Up . . . (wutzon) Steve Winwood, "Back In the High Life Again", from "Back In the High Life"

CANTTAKESKY

Thursday, June 9, 2005 12:52 PM

YT,

Thanks for the info. That makes sense. But I do know that many smaller conventions don't get permissions. At least they used to not.

Again, I'm not saying this is right. Just that this happens.

Can't Take My Gorram Sky

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